As políticas migratórias enquanto direitos fundamentais

• Autor(a) principal: Silveira, Vitória Kathleen
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3746
• topic: Direito Constitucional; Direitos Humanos; Direito Internacional; Políticas Migratórias; Soberania dos Estados; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work aims to study migration policies as a guarantee of fundamental rights, performing an analysis of their constitutionality and legality, as well as the social factors involved with the topic in a concise, objective and practical way so that it can serve as an instrument to academics from different areas of applied Social Sciences. It is a bibliographical and documentary research, with a legal bias, using as a research source the doctrine, laws, jurisprudence, journal articles and data provided by government agencies. The approach method is quantitative, deductive in nature. As for the theme, the institutionalization of fundamental rights and guarantees was addressed as an advance in the process of democratic development in Brazil, proceeding to the international agreements ratified by the same, until reaching the inclusion of international agreements in Brazilian law. The problem situation at work is a conflict of rights, that is, the right to interstate displacement against local sovereignty. Human beings have the right to leave a country where they do not have decent living conditions, while the State has the right to choose who enters and remains in its territory. In this context, which right prevails or should prevail? The main definitions used in the field of migrations and introductory notions on legislation related to the subject are conceptualized, going through its characteristics and placing them in the Federal Constitution, as well as exploring international law and human rights. The work shows migration policies addressing the constitutional point of view towards the sovereign state and aspects common to all individuals, regardless of borders, as an international category.