A proteção internacional do trabalhador migrante frente ao direito brasileiro: avanços e lacunas na legislação e na efetivação dos direitos dos migrantes

Migration is a social reality, a complex theme that has been growing and drawing attention, demanding in consequence a specific treatment of governments, society, international organizations and social organizations. Migratory movements present themselves as an intermittent reality that, although...

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Autor principal: Rodrigues, Fernanda Lopes de Freitas
Outros Autores: Bichara, Jahyr Philippe
Formato: Dissertação
Idioma:pt_BR
Publicado em: Brasil
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Endereço do item:https://repositorio.ufrn.br/jspui/handle/123456789/28262
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Resumo:Migration is a social reality, a complex theme that has been growing and drawing attention, demanding in consequence a specific treatment of governments, society, international organizations and social organizations. Migratory movements present themselves as an intermittent reality that, although present since the initial formation of humanity, has brought complications to the understanding of some host States regarding their legal position in basic issues such as security, education, health, work and its components. Each year the number of migrants is increasing in search of a better quality of life than that experienced in their country of origin, but in contrast, it is perceived that the mechanisms for the security and effectiveness of this option do not grow at the same speed. The objective of this study is to analyze the adequacy of Brazilian legislation regarding the protection of the rights of migrant workers, in view of the current migratory reality, with analysis of the main international and regional norms on the subject, and pointing out the complementary way that international standards act or should act in our national legal system. The initiatives of the UN, the ILO, the IACHR and the Mercosur will be approached in this work, and if the current Brazilian legislation is in agreement, if there are significant changes and what gaps are still to be addressed with regard to the labor issue of the migrants, their existing mechanisms and forces for the search for a dignified life, seeking to adapt to international norms, their applicability in the judicial sphere, developing the law in practice, as well as the supervisory bodies that are used to give effect to such norms . In the course of this work, we highlight the reflection on existing norms and their effectiveness in relation to the current migration situation and the effort to better guarantee the rights of migrant workers in Brazil.