As migrações no mundo contemporâneo e o paradoxal papel dos direitos humanos: proteção ou abandono?

Abstract

This paper identifies the character say about biopolitics of contemporary migration poli cies and demonstrates the inadequacies of the role played by human rights in the protection of migrants ‘ rights. The analysis of migration policies in force at present and the approach on the profile of migrants are held in order to situate the research in contemporary times. It was identi fied the responsibility of national sovereignty as producer of caesuras between nationals and for eigners, which results in repressive and exclusionary migratory practices, which elevate the mi grant to bare life to the extent that placed in a kind of “sub-citizenship”. As for the legal and social abandonment situation experienced by migrants, asked about the effectiveness of international human rights law, on the national law inhuman. On completion of the research was used the phenomenological “method”, which is intended to approximate the researcher and the object to be searched, enabling the understanding that the determination of the right, rather than mere passive act of subsumption, is a creative act that implies the subject itself. With regard to the pro cedure, the method chosen was the monographic. For the completion of the investigation was used the technique of bibliographical research.