Trabalhador migrante e a dificuldade de incorporação da convenção da OIT e da convenção da ONU pelo brasil: possíveis contribuições da lei de migrações

Abstract

The intensification of the globalization experienced in the last decades has caused the traditional notion of border control to be questioned and to mitigate the existence of a human right to migration. The defense regarding the existence of a right to migrate is based on the right to freedom of movement, as well as the right of transit, human rights consecrated in international documents, the right to restrict the flow of migration is guided by the sovereign right of States to regulate the entry and residence of people in its territory. It is undeniable the correlation between the right to migrate and the exercise of other human rights, including the human right to work, and the lack of recognition about the existence of a right to migrate might become an obstacle to the achievement of the labor rights of migrants. The work was consecrated as a human right in the Universal Declaration of Human Rights, as well as in other international documents. In such documents no distinction was made between national and migrant, in relation to the exercise of labor rights. Despite having as one of its constitutional principles the prevalence of human rights, Brazil has not ratified two important conventions that regulate the rights of migrant workers, ILO Convention nº 143 and the UN Convention on the Rights of Migrant Workers and their families. The research developed has as its main focus the analysis has as its main focus the analysis of the non-ratification by Brazil of these two important international human rights documents, as well as the possible contributions of the Migration Law in relation to guarantee the rights of migrant workers. At last, it was noted that the non-ratification of ILO Conventions nº 143 and the UN Convention, is in large part due to the fact that its provisions do not harmonize with the former status of the Foreigner Statute from the 80s, so it remains to be seen whether with the new Migration Law, Brazil will ratify these rules.