Mobilidade humana: uma reflexão com base na Lei 13.445, de 24 de maio de 2017

Resumen

The theme of migration has been the object of reflection both in the past and present. In Brazil, was been waited for a new law to regulate it, mainly after redemocratization, the Federal Constitution of 1988, and the new and diversifi ed fl ows of human mobility. Human fl ows are conditioned, above all, by natural and intentional tragedies, access to new means of information, communication and transport. This context showed the need for collaboration in refl ecting upon the types of mobility, some of which are already well established and therefore common in the legislation, others still quite absent in regulations, and a
third type still under construction. In order to help this refl ection, Law 13445/2017, named the Migration Law, was taken as a starting point. Two basic questions were asked: fi rst, “What types of migrants are covered by this legal rule?”; second, “Does the current migration law adequately address the diff erent types of migrants moving across borders and within nation-states today?” In order to answer these key questions, current and revoked legal rules, books, articles and reports were investigated. After reading them, notes of the sections that would possibly be used were recorded on forms and then addressed in the light of the content analysis technique guidelines. This research method consisted of interpretations and comments based on excerpts from the written language used by the relevant authors. The most noteworthy conclusions were: only two groups
of migrants were found in the migration law, those cited and defined (immigrant, emigrant, border resident, visitor and stateless person) and those only cited, however, not defi ned (exiled and refugee). However, in other sources, the investigation detected other types of displaced population: internal migrants, environmental migrants, victims of human traffi cking and economic migrants. After detecting these types, they were defined and described. The controversy over identity characterization and defi nition of a refugee) is only beginning.