Os estrangeiros e os direitos fundamentais relação distante

Abstract

This work starts conceptualizing and making the differentiation between a refugee and a foreigner, based on national legislation, which is globally recognized as a worldwide reference when it comes to refugees. A historical overview of migratory movements will be presented in worldwide perspective, as well as the evolvement of the Brazilian laws referring to migration. It will also be analyzed the negative impacts caused by restrictive laws about migrations and which are the reflexes of these laws in the access to fundamental guarantees. On immigration in Brazil, it will be demonstrated the change in the status of the country - from being an excellent exporter of manpower (emigration) it has become a receiving country (immigration), mainly due to the economical stabilization of the last decades. Some facts will be focused aiming at identifying which, among the fundamental rights listed in our Constitution, are dedicated to refugees as well as to immigrants. This work will be concluded with an opportunity to raise discussions about the subject presented and suggesting possibilities to increase the existent guarantees for immigrants and refugees.