Mobilidade internacional de pessoas no sistema interamericano: uma análise de inconvencionalidade da regulamentação migratória brasileira

Abstract

This work deals with the duty to conventionalize legislation Brazilian migration, highlighting the recent regulatory changes arising of the Migration Law and the infra-legal instruments that promote their regulation and also normative instruments adopted during the period of pandemic caused by the new coronavirus, which restricted the entry of immigrants into Brazil. To this end, an analysis of the international regulation of migrants' rights, within the scope of the System Inter-American Human Rights Act, in order to investigate whether the legislation domestic is in accordance with the jurisdictional and normative protection included in this system. In the same sense, the theme of migration embedded in Brazilian constitutional evolution, placing emphasis on legal norms implemented until the promulgation of the Migration Law. Afterwards, if analyzes the decrees and ordinances issued by the Brazilian federal government during the pandemic period, where it is possible to identify texts that are in disagreement with Inter-American Human Rights standards, occurring serious violations of migrants' rights. Therefore, the question is whether conventionality of Brazilian migration regulation in light of regional international normative instruments. The hypothesis is that, despite of the Migration Law represents an adaptation of the domestic order to the In light of inter-American norms, the Brazilian State has violated its obligations assumed when editing unconventional (infralegal) normative acts on the topic in appreciation. Along these lines, this work aims to demonstrate the duty of adequacy of the domestic legal system in relation to international standards, as well as the possible unconventionality of infralegal instruments that restrict or mitigate migrants’ rights. It is concluded that the non-adequacy of the domestic legal system can generate international accountability when Brazil, and may suffer punishment in case of conviction. The methodology used involves bibliographical documentary research on doctrine and legislation inter-American and Brazilian, jurisprudential research on decisions issued by the IDH Court, regarding the compatibility or not of the Brazilian legal system, as well as as a qualitative method and deductive approach. The content was directed through the Constitutional Jurisdiction Research Line and Democracy, from the Master's Degree in Law at the University's Faculty of Law from Passo Fundo.