Human rights in Brazilian migration policy
Law 13.445/2017 and the construction of a new phase in Brazilian migration policy
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Brazil's history lacks legal frameworks on migration drawn up during a democratic regime: the re-democratisation that took place at the end of the Estado Novo and the Military Dictatorship and the respective constitutions of 1946 and 1988 did not immediately break with the restrictive migration policies of the authoritarian regimes that preceded them. Thus, this descriptive and exploratory work, using bibliographical and documentary research methods, aims to verify, based on the constitutional and legal status assumed by foreigners in the national legal system, how Brazilian migration policy s...
Brazil's history lacks legal frameworks on migration drawn up during a democratic regime: the re-democratisation that took place at the end of the Estado Novo and the Military Dictatorship and the respective constitutions of 1946 and 1988 did not immediately break with the restrictive migration policies of the authoritarian regimes that preceded them. Thus, this descriptive and exploratory work, using bibliographical and documentary research methods, aims to verify, based on the constitutional and legal status assumed by foreigners in the national legal system, how Brazilian migration policy seeks to align itself with international principles and instruments for the protection of human rights, especially since the entry into force of Law 13.445/2017, the New Migration Law, which, from a humanising perspective, has come to deal with migration as a globally integrated phenomenon in which Brazil is included as a country of transit, exit and destination. Finally, we analyse what is still needed to legally consolidate the construction of a human rights phase in Brazilian migration policy, initiated by the new Migration Law.
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