A importância dos compromissos internacionais de direitos humanos na legislação brasileira de imigração

Abstract

This monograph aims to analyze the influence of international human rights commitments on Brazilian immigration legislation, highlighting legal advances and the challenges faced in effectively implementing these norms. Through a historical approach, the study examines the evolution of immigration policies in Brazil, from the colonial period to the present, demonstrating the impact of international treaties on the formulation of laws and public policies for migrants. The New Migration Law (Law No. 13,445/2017) represents a fundamental milestone in this trajectory, as it broke with the exclusionary perspective of the Foreigners' Statute, ensuring migrants social, labor, and political rights on an equal footing with nationals. However, despite legislative progress, the research shows that the implementation of this law still faces bureaucratic, institutional, and political obstacles, hindering the realization of the rights guaranteed by the international commitments assumed by Brazil. The COVID-19 pandemic worsened this situation, exposing migrants' vulnerability to governmental restrictions, difficulties in obtaining legal documentation, and limited access to essential services. Additionally, the study highlights that xenophobia and structural racism remain significant barriers to the full inclusion of migrants in Brazilian society. The methodology adopted is based on bibliographic review, including the analysis of legal documents, international treaties, academic articles, and judicial decisions, aiming to understand the interaction between international law and the Brazilian legal system. The research concludes that, although Brazil has advanced in developing a more humanized migration policy aligned with international human rights principles, there is still a long way to go to ensure these rights are fully realized. Strengthening public policies and increasing state involvement are essential to guarantee the inclusion and protection of migrants in the country.