L´immigration dans un pays en voie de developpment: analyse de la protectio juridique des étrangers au Brésil

Abstract

In a broad sense, the protection framework established by the Declaration of human rights of 1948 includes the protection of human beings in the event of being the victim of some kind of persecution in the place where he resides. This document also supports the possibility the man to leave and return to their country of origin and, then, to move and choose their place of residence in the State, which is laid down in article 13 and in article 14 of the Declaration. With regard to the current issue of asylum and refugees, these are not only problems of developed countries. In emerging countries, this topic was the subject of a greater importance over the last few years, as in Brazil. In a way, the brazilian law is confusing and incomplete, establishing rights, however, are not well regulated and that grant privileges to foreigners from certain countries at the expense of others. In recent years, the Brazilian Government has developed humanitarian resolutions in order to regulate the situation of Haitians and the Syrians in Brazil, however these regulatory instruments establish different treatments between foreigners, taking into considera tion its origins, what represents an unconstitutionality.