A atual política migratória brasileira: análise da lei n. 13.445/2017 e das principais propostas legislativas em tramitação sobre os direitos dos imigrantes

Abstract

Migration represents one of the phenomens most relevant in nowadays, considering the improvement on migratory movements and communication between different countries resulted of the process of globalization and development of technology. This paper intends analyze the Brazilian migratory legislation, especially Law no. 13.445/2017, which repealed the Foreign Statute, characterized by a protectionist view of migration, as a national security question. Thus, this paper intends to analyze the main migratory flows to the Brazilian territory, as well as the main changes in the Brazilian legislation on the theme of migration and its influence on the protection of the rights of immigrants in Brazil. On the other hand, considering the significant change in Brazilian politics in recent years, this paper also aims to analyze the main bills underway on the topic of migration. The methodology used is the literature review, with the analysis of normative texts, national and international, books, scientific articles and academic productions from various areas of knowledge, such as law, sociology, geography, economics and others, considering the transdisciplinarity of the theme. In view of this, it is concluded that the new Migration Law, with the adoption of principles and guidelines based on human rights, represents significant advance for the protection of the fundamental rights of immigrants in the national territory. However, changes in Brazilian migration policy are still necessary, to implement the guidelines of Law no. 13.445 / 2017, because, as can be seen from the analysis of the regulation of the Law of Migration, as well as from the bills underway on the subject, in many aspects and sectors remains a conservative view of migration as a national security problem.