O Brasil e a observância dos padrões interamericanos de proteção dos direitos humanos dos migrantes: (in)congruências e reflexões

Abstract

The main objective of this paper is to analyze if the immigration policy in Brazil comply with the inter-american standards of protection of the human rights of migrants. A historical, theoretical and bibliographic approach was adopted, including an analysis of norms, jurisprudence, advsory opinions, institutions and bodies related to the topic. The method used is the descriptive and used the use of bibliographic research, supplemented by documentary analysis. The research shows that despite the legislative advances obtained with the Migration Law (Law 13.445/17), which fostered the construction of a new normative framework for the protection of migrants, Brazil still operates migratory flows with old practices dating from the period of validity of Law 6.815 / 80 (Foreigners Statute). The development of initiatives due to the international commitments has been noted, although these are not sufficient for the full protection of migrants, given the challenges posed by the complexity of the issue. Of particular note is the activity of National Migration Council (CNIg) and the National Committee for Refugees (CONARE) as the main articulators of immigration policy for human dignity of migrants. These initiatives of these institutions are reflected in Brazil through the creation of humanitarian visa. In the face of the current political uncertanities situation experienced by Brazil, it was verified the need of coordinated institutional structuring capable of receiving the new migratory flows as well as the definitive abandonment of the precepts fomented by the old legislation.