Do sistema interamericano à lei 13.445/2017: avanço brasileiro na tutela do migrante

Abstract

This study analyses the transformations in Brazilian migration law, tracing the path from the Foreigners’ Statute (1980) to Migration Law No. 13,445/2017 and highlighting the structuring influence exerted by the Inter-American Human Rights System on the advances achieved. Through qualitative research, the paper revisits domestic jurisprudence, international agreements and national norms which, over recent decades, have enabled the evolution of a migration regime grounded in human rights. It finds that new migratory flows and the vigorous action of the Inter- American system demanded the creation of a legal instrument that decriminalises irregular entry, equalises labour rights, incorporates principles enshrined in international treaties, establishes simplified residence pathways and guarantees free legal assistance. Nevertheless, the migrant population remains vulnerable owing to bureaucratic, linguistic and social barriers that hinder the realisation of these rights, exposing the gap between the normative text and the protection actually achieved. The study therefore concludes that the integral protection of migrants requires robust federative coordination, planned and executed with specific focus on this vulnerable population.