A Lei 13.445/2017 e o fluxo migratório no Brasil: vanguarda legislativa ou retrocesso no combate e prevenção da xenofobia e do racismo?

Abstract

This dissertation assesses whether the changes brought about by the Migration Law (13,445/2017), which revoked the Foreigner Statute (6,815/1980), should be considered cutting-edge. Starting from the analysis of the historical antecedents that motivated the first migratory movements and the formation of multicultural societies, it seeks to demonstrate that migration has been present in the history of human beings since the beginning. However, these movements bring, as a negative consequence, the incidence of discriminatory acts, such as xenophobia and racism. Given the growing flow of immigrants at Brazilian borders, and the difficulties in their entry procedures, as well as the cultural, social and financial barriers that occur with these individuals, it will be demonstrated whether the Migration Law has the capacity to reduce such divergences. in favor of an adequate application of Human Rights for immigrants. To this end, it is necessary to identify the main causes that motivated collective displacements, as well as the contributions to the formation of current Brazilian society. To reach the answer to the question, contained in the title of this research, it is necessary to make a comparison between the new Migration Law and the revoked Foreigner Statute, in order to use a parameter between legislation that practically addresses , the same theme. The reduction of social differences through the universality, indivisibility and interdependence of Human Rights are principles that govern the 2017 law, as well as the repudiation and prevention of xenophobia, racism and any other forms of discrimination, thus justifying the choice of the present theme, by applying the guidelines provided for in the aforementioned standard and analyzing the migratory phenomenon, firstly on a global scale and, later, in Brazilian territory. The scientific method is hypothetical-deductive and, in terms of approach, it is qualitative investigation using a monographic procedure.