A (necessária) convencionalização da legislação migratória brasileira: uma análise da regulamentação da política migratória à luz do Sistema Interamericano de Proteção dos Direitos Humanos
The present work deals with the duty of conventionalization of the Brazilian migratory legislation, standing out as recent normative changes of the New Migration Law (Law 13,445 / 2017), of the infralegal instruments that promote its use and also the infralegal instruments adopted during the peri...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Acceso en liña: | https://repositorio.ufrn.br/jspui/handle/123456789/29976 |
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| Resumo: | The present work deals with the duty of conventionalization of the Brazilian migratory
legislation, standing out as recent normative changes of the New Migration Law (Law
13,445 / 2017), of the infralegal instruments that promote its use and also the infralegal
instruments adopted during the period of pandemic caused by the new coronavirus,
which restricts the entry of immigrants in Brazil. To do so, use norms from international
of regional scope, once of having the Conventionality Control expressly used by InterAmerican System for the Protection of Human Rights, showing as essential or the
knowledge of the normative norms derived from this system, as well and on the exercise
of the Conventionality Control. In the same sense, it is studied the theme of migrations
instilled in the Brazilian constitutional evolution, emphasizing the implemented legal
norms and their regulamentation infralegal. Therefore, the question is the
conventionality of Brazilian legal protection in migratory matters in the light of regional
normative instruments. The hypothesis is that, although the Migration Law seems to be
an adaptation of domestic law in the light of inter-American norms, the Brazilian State
has violated it as a promotion assumed by editing unconventional (infralegal) normative
acts on the subject under consideration. In this line, this work has as objective to
demonstrate or duty of adequacy of the legal system in face of the international norms,
as well as the possible unconventionality of infralegal instruments that restrict or
mitigate the rights of migrants. The methodology adopted involves bibliographic
research on inter-American and Brazilian law and doctrine, jurisprudential research on
decisions emanating from the Inter-American Court and the Brazilian judiciary, which
is related to the rights of people in situations of study, adopting the deductive method
for measuring relative to privacy. or not to do Brazilian planning. This exercise
demonstrates importance, whereas non-suitability of internal legal ordering (in light of
international commitments) can generate international responsibility for the State.
Finally, notes the unconventionality of several devices of the infralegal instruments that
regulate the immigration policy in Brazil. |
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