PROTECTION OF IMMIGRANTS' HUMAN RIGHTS: ANALYSIS OF STATE RESPONSIBILITY IN LIGHT OF THE BRAZILIAN MIGRATION LAW (LAW NO. 13,445/2017)

Abstract

This research aims to analyze the protection of immigrants' human rights in light of the Brazilian Migration Law (Law No. 13,445/2017), considering the State's responsibility in guaranteeing these rights. Based on a qualitative and exploratory approach, official data from the Observatory of International Migrations (OBMigra) and bibliographical references relevant to the subject were used. Initially, the migration phenomenon is examined as a historical and social element, followed by the normative evolution of Brazilian migration policy, with emphasis on the transition from the Foreigner Statute to the Migration Law. Next, the effectiveness of the application of immigrant legislation in Brazil is analyzed, considering their insertion in the labor market, their professional qualifications, access to social assistance through the Single Registry and the challenges faced in the asylum application processes. It is possible to see that, although the legislation represents a significant advance in adopting an approach based on human rights, structural obstacles and regional inequalities persist that hinder the full realization of the guaranteed rights. It is concluded that state accountability must be accompanied by effective public policies capable of promoting the social and economic inclusion of immigrants in the national territory.