MEDEIROS, Erika Luiza Barbosa; SILVA, Maycom Rodrigues da; SANTOS, Maressa de Melo
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.
