IMIGRAÇÃO E DIREITOS HUMANOS: UM OLHAR HUMANIZADO SOBRE OS DESAFIOS ENFRENTADOS PELOS REFUGIADOS NO BRASIL

Abstract

Migration is a historical and ongoing phenomenon, shaped by global inequalities and the constant pursuit of individuals for better living conditions. In the contemporary context, migratory flows have intensified for multiple reasons, such as armed conflicts, political persecution, economic crises, social instability, and impacts resulting from climate change. In Brazil, the significant increase in the presence of immigrants and refugees in recent decades demands a critical analysis of the effectiveness of public policies aimed at protecting this population. The enactment of the Migration Law (Law No. 13,445/2017) represented an important normative advancement by replacing the former Alien Statute and establishing a perspective grounded in human dignity, the universality of rights, and social integration. However, significant challenges remain, such as the bureaucratization of documentation regularization processes, barriers to accessing essential services, precarious working conditions, and recurring episodes of xenophobia. These obstacles keep immigrants and refugees in situations of vulnerability, contradicting fundamental principles of the 1988 Federal Constitution and the international commitments assumed by Brazil, particularly those related to equality, non-discrimination, and the comprehensive protection of the human person. This article aims to analyze how Brazilian legislation and national jurisprudence have ensured or failed to ensure the human rights of immigrants and refugees. It seeks to identify advancements, gaps, and persistent challenges in the implementation of these guarantees, contributing to the strengthening of academic debates and the development of fairer, more inclusive public policies aligned with democratic values and international solidarity.