As políticas migratórias do Brasil e a possível quebra de paradigmas a partir da Lei n° 13.445 de 2017

Abstract

This study aims to ascertain whether Law n° 13445 of 2017 could break paradigms and prejudices rooted in both politics and society, in order to ensure the full protection of immigrants and their fundamental rights. One wonders whether after centuries of restrictive policies motivated by prejudice and partial treatment of the immigrant already living in the country, often equating them as criminals, if the new legal device would be sufficient to break such ingrained practices in the exercise of migratory policies. To this end, the concept of public policies and migratory policies is established, after which a historical overview is made, in order to analyze the post-redemocratization period of the Foreign Statute and, at last, the Law n° 13445 of 2017, as well as Decree No. 9199 of 2017 that regulates it. From this, it appears that although the law brings numerous advances regarding the recognition of the migrant as a subject of rights and the attempt to ensure their inherent human rights, the legislation meets many challenges and practical obstacles, regarding the implementation of what is foreseen in its text. In addition, the fact that the decree regulating it is completely illegal, the great bureaucracy of state organs, as well as prejudices that are institutionalized and rooted in society weakens the legislation not completely fulfilling its role of breaking paradigms regarding migratory public policies.