Solidariedade e a tutela das pessoas migrantes à luz do Direito da união europeia

Abstract

The administration of migratory flows has become a very delicate point among the Member States of the European Union, considering the significant increase in the flow of migrants and refugees in recent years. Deficiencies of cohesion and modernization of the European Union's common migration and asylum policy led to the manifestation of several dissidents, resulting, among the main effects, in the weakening of the protection of the rights of migrants. In this scenario, solidarity emerges as an essential element for the current legal demands' resolution, especially under European Union law, which enshrines solidarity as the foundation of the legal order. However, after observing the most recent interpretations and attempts to implement the concept of solidarity, it is clear that its content remains imprecise in certain aspects, often suffering from poor implementation in the face of the contemporary challenges imposed by migratory flows. Hereupon, the present work aims to analyze the legal content of solidarity under European Union law, particularly concerning its contribution to the protection of the rights of migrants. Concerning the adopted investigation method, the research presented in this work is predominantly theoretical, developed through a documental and bibliographical analysis. In the end, it concludes that the future of the European Union regarding common migration and asylum policies is still uncertain. Although the disharmony between the existing normative instruments on the topic of migration is perceptible, as well as the urgent need to improve migration management in the European Union, the unilateral perspectives of solidarity appear to predominate in the conduct of public policies of each Member State, evidencing raids on the European integration project. The social, political, and economic issues, particular to each State or group of States, present themselves, in this sense, as primary obstacles yet to be overcome, namely concerning the implementation of solidarity and other precepts and norms for the protection of human rights as protective hermeneutic vectors of migrant people and refugees.