Migração boliviana: desafios para a autorização de residência frente à nova lei de migração

• Autor(a) principal: mayara da costa bais
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/5411
• topic: Direitos humanos; Migração boliviana; Autorização de residência; Nova Lei de migração

The social phenomenon of the migratory flow has grown substantially in recent years, especially the Bolivians, who in recent years have seen an intensification of migratory flows to Brazil, not only in the border region, but in other metropolitan regions, such as the city of São Paulo. Brazilian society has a policy of welcoming migrants, however there are still many obstacles to be observed. Thus, the following question was raised as problematic: What are the legal instruments that guarantee the right to grant and permit residence for Bolivian immigrants in Brazilian territory? Therefore, through a bibliographic approach of a qualitative nature, with an exploratory-descriptive character and a deductive method, it sought to analyze Bolivian immigrants in the face of the challenges of realizing the right to request for residence. Thus, he used Fraternal Law in the perspective of migrations as the theoretical framework, where he made a survey of Bolivian migration, under the eyes of the authors Sayad (1998), Resta (2004), Souchaud (2010), Baerninger ( 2012), Amaral (2020), among other authors and legal regulations, such as the Universal Declaration of Human Rights (1948), the Federal Constitution (1988), Law nº 13.445/2017 (Migration Law) and Decree n. 9,199/2017 that regulates it, among others for the basis of legal aspects. Thus, he observed that the reasons that prevent Bolivian immigrants from enjoying a regular stay in Brazil, noting that these situations are multicausal, such as lack of information, flexibility of transit in border cities, “compadrios systems” – coming from Bolivians for family network, bureaucracy – non-centralized services, onerous fees and fines, social stigma, prejudice and fear of deportation, which invariably place many Bolivians in situations of vulnerability and conditions analogous to contemporary slavery. Thus, I concluded that migration will only materialize as an instrument for the satisfaction of human development, when it fully achieves the degrees of human rights, evidencing a well-managed migration process, within a perspective of global citizenship, where there is no limits between borders, being compatible with the paradigm of Fraternal Law. Keywords: Human rights. Bolivian migration. Residence permit. New migration law.