Litigância estratégica em direito migratório: a experiência de atuação do MIGRAIDH/UFSM

Abstract

The struggle for the conquest and accomplishment of rights in the field of Human Rights is not linear. Although there is a dominant discourse of progressiveness into the advancement recognition and standardization of rights due to legislative recognition, current stystematic violations highlight the limitations of the model of thought which is adopted by Nation-States. The introduction of biopolitics, associated to a methodological posture of homocentrism, sets a deeply well-defined subject (male, white, European, heterosexual and bourgeois) at the center of the orders and structures, as measure and end of these institutions, leading to exclusions which are constitutive assumptions of this order. The migratory experience is an example of the inability of Human Rights to protect Humans, for it states an order that attatches protection to the classification of the subject as a citizen, and it also binds them to nationality in a way that there is no Human without the Nation-State, and no life without the Law. As a consequece, there is the establishment of a rationality which imposes the recognition of the Other through the I, and it also attaches the existence of the Other to the understanding of rules which are established from a perspective of subjection and totalization. Consequently, it is essential to think of instruments and organization forms for struggling and claiming for Human Rights; those must be thought with the awareness about the limitations of legal rationality and the implications that they present for the experience of Human Rights. Strategic litigation, as a tool that seeks to implement structural changes, places people in this space of possibility for reflection and liberation from the strings of this dominant rationality. Therefore, the question which guides this research is: what is the role and the potentiality of strategic litigation as a tool to promote a State policy on Human Rights in migration governance in Brazil based on the MIGRAIDH experience? Methodologically, the poststructuralist theory, from Dussel's analytical approach, and a bibliographical procedure were followed. As a result, through MIGRAIDH's practice, it was established that the tool of strategic litigation has more potential for true social transformation as it approaches a critical and dialogical posture that seeks the autonomy of the Other.