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Migration law at the courts - the application of the new Brazilian migration law and the international human mobility

Grant number: 18/26843-8
Support type:Regular Research Grants
Duration: June 01, 2019 - May 31, 2021
Field of knowledge:Applied Social Sciences - Law - Special Rights
Principal Investigator:Luis Renato Vedovato
Grantee:Luis Renato Vedovato
Home Institution: Faculdade de Ciências Aplicadas (FCA). Universidade Estadual de Campinas (UNICAMP). Limeira , SP, Brazil

Abstract

In November 2018, Law 13,445 / 17 (New Brazilian Migration Law) completed one year of validity, as well as its regulatory decree (Decree 9199/17). There are allegations of incompatibilities between the decree and the new law. It is also noted that Brazil has entered the route of international migration and has become a transit country. The project aims to analyze the judicial decisions of the São Paulo Tribunal of Justice (TJSP), as well as the Superior Court of Justice (STJ) and the Supreme Court (STF), regarding the application of the New Brazilian Migration Law and the Decree 9199/17. In this way, it is sought to highlight whether there has been an increase in the rights of migrants, since the New Brazilian Migration Law (NLM) is based on the pillars of human rights. The methodology used is the deductive from the jurisprudential and doctrinal survey, with descriptive analysis method (when identifying the judged) and explanatory (when doing critical analysis about them).Keywords: New Migration Law; Human rights; legal hermeneutics; migration. (AU)