THE (NECESSARY) CONVENTIONALIZATION OF BRAZILIAN MIGRATORY LEGISLATION
Conventionalization. Conventionality Control. Human Rights of Migrants. International Accountability.
The present work deals with the conventionalization of the Brazilian migratory legislation, aiming to demonstrate the duty of conventionalization of the domestic legal system in face of international norms of regional scope. In this sense, knowledge of the normative and jurisdictional safeguards arising from the Inter-American System for the Protection of Human Rights and the exercise of Conventionality Control is essential. In the same sense, it is necessary to study the theme of migration instilled in the Brazilian constitutional evolution, emphasizing the implemented legal norms and their infralegal regulation, with the purpose of ascertaining the conventionality of Brazilian legal protection in the light of the inter-American normative instruments, since their contradiction can generate international accountability to the country. The methodology used involves bibliographic research on Latin American and Brazilian doctrine and legislation, jurisprudential research on decisions emanating from the Inter-American Court and the Brazilian judiciary, dealing with matters related to the rights of migrants, adopting a deductive method for assessing compatibility or not of the Brazilian order.