Entre fronteiras e descasos: uma análise acerca dos entraves normativos à efetivação dos direitos fundamentais ao imigrante na nova lei de migração

Abstract

Many modifications mark the current global scenario. Amongst them, the international immigration has make a point owing to the growing number of people entering and leaving countries in search of better conditions and life perspectives. In that way, the actual research aims at understanding the complexity of the current immigration flows scenario, starting from mapping the main nacionalities which migrates to Brazil, such as its characteristics. It will be developed some reflections about the challenges faced by the immigrants since their departure from the country of origin until their first moves in Brazil, perceiving the sub-human scope of labour destinated to the immigrants, the search of survival and other peculiarities. Outsetting these statements, it will be analysed the brazilian legislation at the immigration's concern in a historic retrospective, in order to analyse the proccesses involved in the immigration quests, primarily relating to the national interests as predominate in accepting the immigrations as a threat to the State. Hence to the retrospective and analysis made in comparison between the Foreign Statute and the New Migration Law, we will seek to aware towards the challenges faced beyond the law, also the stigmas faced by the immigrants such as xenophobia and racism and the role they place in society. Whereas the existence of desirable and undesirable immigrant sorts to the State, this research focuses on considering those who suffer frequent infractions to their rights. We will pursue, then, to glimpse the ideal immigration model, which contemplates the Human Right to Immigrate.