Migrações e o reconhecimento do sujeito de direitos no Brasil

Abstract

The present research presents human migrations and the recognition of the subject of rights as its central theme. The legal provisions for the protection of human displacement denounce reductionist, security and exclusionary measures that are present in various international and domestic legal provisions. Thus, the objective of this study is to analyze the Brazilian multifaceted scenario of human mobility and the political-legal responses that the current Migration Law presents to the migratory reality in Brazil. Based on this, the research departs from a tour of the state of the art, entering an extremely complex anthropological, political-legal and social debate on the recognition of human rights from the perspective of human migration. The migration agenda inserted in the human rights debate proposes a surprising reflection that challenges social, historical, legal boundaries and, above all, claims recognition. Without a doubt, this is one of the most sensitive human rights issues that reveals the extreme scenario of discrimination, xenophobia and exclusion. Human migratory movements problematize the relationship between subjects and social, legal, political, economic and even cultural structures. From this, this research points out difficulties in the national and international legal field for the recognition of the migrant as a subject of rights. The study also seeks to address the reality of contemporary migrations and how the migratory phenomenon is inserted in internal protection debates. Then, it presents the reality of the legislative process of construction of the new Migration Law in Brazil so that, finally, it promotes the debate regarding the state and government policy applied from the new legal device already instituted in the legal system. Brazilian legal.