UMA ANÁLISE COMPARATIVA DAS POLÍTICAS DE MIGRAÇÃO LABORAL NO BRASIL E NOS ESTADOS UNIDOS: CONEXÕES E DIVERGÊNCIAS

Abstract

This study aims to analyze the main differences in the immigration policies for workers between Brazil and the United States. For this purpose, the comparative method and bibliographic review are employed. This study begins by presenting the concepts of migration, including the main reasons, such as the socioeconomic imbalance that motivates migration. A brief history of migrations between Brazil and the United States over the years is also provided. Furthermore, the distinction between Civil Law and Common Law legal systems is discussed, allowing an understanding of the influence of these approaches on the regulations and specificities of the immigration systems in both countries. Subsequently, the work addresses the variations in the labor perspective between the immigration policies of Brazil and the United States, highlighting the differences in the perception of nationality, citizenship, and types of visas in each country. The importance of the principle of reciprocity and the pursuit of mutual and equal treatment in immigration matters is emphasized. This study also reveals the main differences in labor rights in both countries. In Brazil, the legislation covers various aspects of the employment relationship, while in the United States, the legislation is somewhat more limited. In conclusion, there is room for improvement in Brazilian visa policies, especially regarding the facilitation of visas for highly skilled foreign workers. Moreover, in the United States, the visa acquisition process can be time-consuming, especially for individuals seeking immigration visas based on family ties or employment opportunities. Finally, this study highlights the influence of the American Way of Life, the American Dream, and the Soft Power of the United States as factors motivating people to migrate in search of a better life. This motivation is bolstered by the United States' remarkable ability to promote itself as a country offering unparalleled opportunities, thereby significantly influencing migration decisions.