ANALYSIS OF THE PROTECTION OF IRREGULAR MIGRANTS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AND ITS IMPLEMENTATION IN BRAZIL
Irregular migration; Inter-American human rights system; international protection.
This dissertation investigates the Brazilian state's implementation of the protection afforded to irregular migrants, in the light of the normative and jurisprudential parameters of the Inter-American Human Rights System (IACHR). The relevance of the research stems from the exponential growth of migratory flows and the vulnerability to which individuals in irregular migratory conditions are exposed, especially in Latin America. In this scenario, it is necessary to analyze the adequacy of the Brazilian legal system to the international obligations assumed, especially with regard to the dignity of the human person, equality and non-discrimination. It is based on the hypothesis that, as Brazil is a signatory to the American Convention on Human Rights, it is bound by higher international standards that impose the duty of full protection on migrants, regardless of their documentary status. However, this obligation encounters structural and institutional resistance that jeopardizes its full realization. The methodology adopted is qualitative and quantitative in nature, based on the hypothetical-deductive method, combining bibliographical and documentary research with a systematic analysis of decisions by the Inter-American Court and the Federal Supreme Court. Analytical criteria were used to verify the compatibility between Brazilian normative and jurisprudential practice and the Inter-American parameters of protection. The results showed that, although the Brazilian constitutional framework recognizes the rights of all residents, there is still a mismatch between the normative ideal and its effectiveness. Case law has made timid progress in incorporating international commitments. This research also dialogues with Sustainable Development Goal 10 of the 2030 Agenda, which aims to reduce inequalities and promote safe, orderly and regular migration, demanding the adoption of articulated public policies committed to the global governance of human mobility.