Lei de Migração Comentada

Abstract

The Migration Law came into force on May 24, 2017. It is therefore a recent law that broke a paradigm with regard to the treatment of migrants in the territory national. If in the past the migrant (foreigner) represented a danger to the security policy national, insofar as it is guided by national interests; today, it is seen from the perspective of the Rights Humans and as someone who can contribute to socio-economic and cultural development from the country. Indeed, the Foreigner Statute was edited at a time when a period exception (military regime); in turn, the Migration Law was enacted in an environment democratic and under strong influence of international and regional corpus juris for the protection of human rights, whose major premise rests on the understanding that certain rights are inherent to human beings and, therefore, valid and enforceable to each and every individual, irrespective of their legal status. The aforementioned Law, therefore, proves to be compatible with the provisions not only of International Law, but also of the Federal Constitution itself 1988, starting to treat the migrant as a bearer of rights and obligations, worthy of respect to his status as a human being. Thus, the present work intends to analyze the Migration Law, article by article, contributing to a better understanding and removing preconceptions that could lead to discriminatory practices.