A nova lei de migração brasileira e o Decreto de Regulamentação nº 9.199/2017: um obstáculo para a efetivação dos direitos fundamentais ao imigrante

Abstract

It is correct to say that the New Migration Law (Law No. 13.445/2017) has advanced on many topics, but still encompasses the expressive and deep concentration of the State's discretionary power in immigration policies, not advocating the right to immigrate as a human right, which should be protected and guaranteed like any other. The research will try to problematize the conciliation between the interests of the State marked by the economic bias and guided by the national security with the protection and the guarantee of the Human Rights of the immigrant, and thus, to think of a model of immigration policy that sees the immigrant as one of their peers, ie without any discrimination or prejudice. The act of migrating brings dynamics to society, because with the constant departure and arrival of people there is a significant change in the social configuration, besides being accompanied by a multitude of challenges and obstacles, such as unemployment, violence on the margins of urban centers. , a place where many immigrants gather, economic destabilization and job offers, as well as the expected ethnic, cultural and religious prejudices. Thus, it is intended to demonstrate that the new Brazilian Immigration Law imposes several challenges for the public administration, since it must be in a permanent process of modernization and improvement.