THE NEED FOR MOTIVATION FOR THE ACT TO PREVENT ALIEN ENTRY INTO THE NEW BRAZILIAN MIGRATION LAW AND ITS REFLECTIONS
The present work addresses the Brazilian legislative change in the Migration Law, which now requires the motivation of the act that prevents a foreigner from entering Brazilian territory. The relevance of this matter stems, primarily, from the fact that this change in the national legal system is at...
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| Format: | Online |
| Language: | Português |
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TJDFT
2025
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| Online Access: | https://revistajuridica.tjdft.jus.br/rdj/article/view/981 |
| Summary: | The present work addresses the Brazilian legislative change in the Migration Law, which now requires the motivation of the act that prevents a foreigner from entering Brazilian territory. The relevance of this matter stems, primarily, from the fact that this change in the national legal system is at variance with the international interpretation, in the sense of releasing the motivation of the referred act. This is based on the fact that such an act has an eminently political or governmental nature. From this, an analysis will be made on how this norm interferes in the sovereignty of the States and, finally, verify if this change can be seen as an international norm of protection of human rights, in order to safeguard eventual abuses and discriminations by of the state authority. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v115i00.981 |