Banca de DEFESA: TONY ROBSON DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : TONY ROBSON DA SILVA
DATE: 29/07/2020
TIME: 09:00
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

THE (NECESSARY) CONVENTIONALIZATION OF BRAZILIAN MIGRATORY LEGISLATIONan analysis of the regulation of migration policy in the light of the Inter-American System for the Protection of Human Rights

KEY WORDS:

Conventionalization. Conventionality Control. Human Rights of Migrants. International Accountability.

PAGES: 175
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work deals with the duty of conventionalization of the Brazilian migratory legislation, standing out as recent normative changes of the New Migration Law (Law 13,445 / 2017), of the infralegal instruments that promote its use and also the infralegal instruments adopted during the period of pandemic caused by the new coronavirus, which restricts the entry of immigrants in Brazil. To do so, use norms from international of regional scope, once of having the Conventionality Control expressly used by Inter-American System for the Protection of Human Rights, showing as essential or the knowledge of the normative norms derived from this system, as well and on the exercise of the Conventionality Control. In the same sense, it is studied the theme of migrations instilled in the Brazilian constitutional evolution, emphasizing the implemented legal norms and their regulamentation infralegal. Therefore, the question is the conventionality of Brazilian legal protection in migratory matters in the light of regional normative instruments. The hypothesis is that, although the Migration Law seems to be an adaptation of domestic law in the light of inter-American norms, the Brazilian State has violated it as a promotion assumed by editing unconventional (infralegal) normative acts on the subject under consideration. In this line, this work has as objective to demonstrate or duty of adequacy of the legal system in face of the international norms, as well as the possible unconventionality of infralegal instruments that restrict or mitigate the rights of migrants. The methodology adopted involves bibliographic research on inter-American and Brazilian law and doctrine, jurisprudential research on decisions emanating from the Inter-American Court and the Brazilian judiciary, which is related to the rights of people in situations of study, adopting the deductive method for measuring relative to privacy. or not to do Brazilian planning. This exercise demonstrates importance, whereas non-suitability of internal legal ordering (in light of international commitments) can generate international responsibility for the State. Finally, notes the unconventionality of several devices of the infralegal instruments that regulate the immigration policy in Brazil.

BANKING MEMBERS:
Externo à Instituição - JOSÉ NORONHA RODRIGUES
Externo à Instituição - SIDNEY CÉSAR SILVA GUERRA
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA
Interna - 1657901 - YARA MARIA PEREIRA GURGEL