Migrações, transnacionalidade e o direito humano de migrar

Abstract

The dissertation is part of the Constitutional Jurisdiction and Democracy Research Line. The general objective of this work is to address the transnational nature of migration and the need to separate the human right to migrate from the concept of citizenship. The aim is to answer the following question: can decoupling the right to migrate from the concept of citizenship contribute to combating human rights violations of migrants during forced migration processes? To answer this question, the work is divided into three chapters. The first chapter presents an approach to forced displacement and migration policies in Brazil, providing a historical overview of migration in the country and the constitutional treatment given to human mobility over time, as well as the measure adopted by Brazil to receive Haitian immigration after the disaster that occurred in Haiti in 2010. The second chapter deals with transnationality and the transnational character of migration, contextualizing it in the current scenario, characterized by constant restrictions on human mobility. The third chapter begins with an analysis of European citizenship, addressing the treatment of human mobility within the scope of the European Union and bringing considerations about the human right to migrate. To prepare this work, the deductive method was used in the research phase, the Cartesian method was used in the data processing phase and the deductive method was used in the research report. In turn, the research technique used is bibliographic, based on consultation of relevant national and international legislation, as well as bibliographic sources such as books, publications, periodicals, and other documents and reports. The processes of globalization have brought with them countless challenges for States, as new demands arise daily that require the action of different transnational actors, which exposes the inability of States to provide satisfactory responses to globalized demands, especially due to their nature. transpassing. Given this context and considering the transnational nature of migration, it is essential to recognize the right to migrate inherent to the human person, disconnected from the concept of citizenship.