Immigration Law and Human Rights
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Abstract
Abstract
This article examines the evolution of Brazilian migration policy from a historical and critical perspective, tracing its trajectory from the colonial period to the enactment of Law No. 13,445/2017 — the Migration Law. The analysis departs from the premise that migration policy in Brazil has never been a neutral phenomenon, but rather an instrument of state power oriented by national projects that, for centuries, prioritized racial, ideological, and security-based criteria over the protection of human beings. From the forced displacement of enslaved Africans and the subjugation of indigenous peoples, through the eugenic immigration policies of the 19th and early 20th centuries, to the securitarian logic of the Foreigners' Statute of 1980, the article demonstrates that the migrant was historically constructed as an object of control rather than a subject of rights. The 1988 Constitution marked a normative rupture, establishing human dignity and the prevalence of human rights as foundational principles. It was only in 2017 that Brazil produced a migration law fully aligned with international human rights standards, replacing the term "foreigner" with "migrant" and recognizing the universality of rights regardless of nationality or documentary status. Despite this advance, the article highlights persistent tensions between norm and practice, pointing to institutional and structural challenges that continue to undermine the full realization of the rights enshrined in the new legal framework.
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@article{Albertini2026BRAZILIAN,
title = {BRAZILIAN MIGRATION POLICY: HUMAN MOBILITY AND SOVEREIGNTY},
author = {Maria de Lourdes Albertini},
journal = {HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL},
year = {2026},
doi = {10.24861/2675-1038.v8i2.192},
url = {https://www.humanitiesandrights.com/journal/index.php/har/article/view/192}
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