Social movements and the migration law (Law n° 13.445/2017) in complex society: pathways for the democratic legitimation of counter hegemonic migratory policies in the brazilian legal order

• Autor(a) principal: Dias da Costa Lyra, José Francisco
• Data de Publicação: 2022
• Outros Autores: Rotta, Diego
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Redes (Santa Cruz do Sul. Online)
• Texto Completo: https://online.unisc.br/seer/index.php/redes/article/view/17445
• topic: Migrations; Social movements; Migration policies; Human rights; Democratic legitimation; Migrações; Movimentos sociais; Políticas Migratórias; Direitos humanos; Legitimação democrática; Migraciones; Movimientos sociales; Políticas migratorias; Derechos humanos; Legitimación democrática

This paper analyzes the importance of social movements in the construction of a new framework for migratory policies in the Brazilian State. It asks about the participation of social movements in the elaboration of Law nº 13.445/2017, as a legal diploma based on a counter-hegemonic logic of human rights and legitimately democratic. The text is constructed from the dialectical approach, using as methodological procedures the bibliographical (theoretical production related to the theme) and documental research (Constitution of the Federative Republic of Brazil of 1988, the Foreigner Statute and Migration Law), submitted to the technique of analysis of content. It starts from the context of complexification of international migrations and the elaboration of migratory policies based on functionality. The importance of social movements in the claim and construction of new rights is highlighted, in the search for the emancipation of migrants as a minority group in a complex society and in the process of renegotiating the social contract. Considering the scenario of migratory policies in the Brazilian State and the models stablished by the Foreigner Statute (Law nº 6.815/2017) and the Migration Law (Law nº 13.445/2017), it is understood that the last legal diploma marks a framework of migratory policies based on a counter-hegemonic logic of human rights, establishing rights and guarantees that enable the emancipation of migrants as subjects of law. The Migration Law, as a result of the joint work of the specialists on the subjects and of groups and social movements that defend the rights of migrants, guarantees a process of democratic legitimation, also generating the possibility of migrants’ participation in the renegotiation and elaboration of migratory policies.