A proteção dos direitos humanos dos imigrantes no brasil: Desafios e avanços na legislação e políticas públicas

Abstract

The present research aims to analyze the protection of immigrants’ human rights in Brazil in light of national legislation, current public policies, and the challenges faced in the realization of these rights. It begins with a historical and legal contextualization of migration in the country, highlighting contemporary migratory flows and the normative evolution that culminated in the enactment of Law nº 13.445/2017 (Migration Law), a fundamental milestone in recognizing migrants’ dignity and citizenship. Along this path, the study discusses the main obstacles to the effective implementation of rights, such as discrimination, unequal access to essential services in health, education, and social assistance, the precariousness of labor conditions, the difficulties faced by refugees and stateless persons, as well as bureaucratic barriers to legal documentation. Furthermore, the research critically examines the impact of hate speech, xenophobia, and extremist narratives, often reproduced by political and social actors, on the intensification of prejudice and the social exclusion of immigrants, thereby undermining the legal progress achieved. The study also addresses integration policies, affirmative actions, and civil society initiatives, highlighting both positive experiences and their limitations. Within this context, future perspectives are presented, involving legislative improvement, the strengthening of migration governance, and the expansion of international cooperation as indispensable strategies for ensuring the effectiveness of human rights in this field. It is concluded that, although Brazil has made significant normative progress by adopting legislation more closely aligned with international human rights standards, a gap persists between legal provisions and practical reality, which calls for stronger institutional coordination, inclusive public policies, and a renewed commitment to the principles of dignity, equality, and non-discrimination.