Identidade e Ilegalidade documental no registro tardio de nascimento na Tríplice Fronteira Amazônica Brasil/Colômbia/Peru

Abstract

This study investigates the phenomenon of documentary illegality in the late registration of birth certificates in Tabatinga, a border city between Brazil, Colombia, and Peru. Although the region is often portrayed in the media due to its association with drug trafficking, it also constitutes a complex migratory context in which documentary illegality emerges as a significant issue, particularly among Peruvian immigrants. The main objective of this research is to understand the factors that lead Peruvian and Colombian citizens to seek late birth registration at the Public Defender’s Office of the State of Amazonas as a means of accessing rights and social benefits provided by the Brazilian State. Specifically, the study aims to analyze the motivations and strategies adopted by Peruvian groups in this process; to examine the role of ethnic and social identity in documentary regularization; and to identify the main bureaucratic and legal obstacles faced in the Amazonian border context regarding late registration. The research adopts a qualitative approach grounded in an interpretivist perspective, based on participant observation at the Public Defender’s Office, informal interviews, analysis of institutional forms, and documentary (archival) research. The methodology allowed the identification of potential illegal practices associated with strategies of identity reconfiguration by immigrants who, in search of better living conditions, omit or reinterpret information related to their national or ethnic identity. The findings indicate that the social and ethnic diversity of the border region complicates migratory regularization, particularly for Peruvian Indigenous groups such as the Kokama, who face challenges including lack of documentation, social vulnerability, and limited access to public services, contributing to situations of under-registration. The study also demonstrates that bureaucracy and lack of information intensify social exclusion. Inserted within the field of legal anthropology, this research reflects on issues of identity, justice, and visibility in the Amazon, contributing to the understanding of border dynamics and migratory regularization processes. The study is based on field data collected during a Scientific Initiation Research project (PIBIC) between 2022 and 2023, including the analysis of approximately 200 cases of under-registration, as well as 20 attempts at civil registration without sufficient documentary confirmation identified during the National Under-Registration Week held in the Indigenous community of Umariaçú I in May 2024.