O estatuto do estrangeiro sob a ótica da doutrina da segurança nacional e o projeto de lei 2.516 à luz dos direitos humanos fundamentais

Abstract

The present study aims at the analysis of Law no. 6.815, of 1980, known as the Foreigner Statute, with an emphasis on the article 2°, that provides that the application of said law will adress national security, the organizational institution. politic interests, socieconomic and cultural of Brazil, as well as the defense of the national worker. The aim is to understand the historical context in which the status of Foreigner was promulgated, as well as relate to the social and political aspects that have motivated the inclusion of these guiding principles of Law, with special attention to the doctrine of national security. The analysis of the law it is possible to observe the importance that the legislature granted to national security and it is essential that this position be analysed from the perspective of the Magna Carta of 1988, since, in the foreground, that law departs intentions proposed by the original constituent. Thus, the objective of this work is to check if the legal situation of the Foreigner is consistente with the fundamental rights declared after the creation of this Law by the Federal Constitution in force. It search, still, review the adequacy of the new Migration Law, the Law 13,445, approved by the plenary of the Chamber of Deputies on December 06, 2016 and by the Federal Senate on April 18, 2017, being sanctioned on May 24, 2017, with multiple vetoes, that remain in force after 180 (one hundred and eighty) days of its official publication. This new law provides for the rights and duties of the immigrant and visitor, regulates the entry and your stay in the country and establishes principles and guidelines on the public policies for the migrant. Thus, the intention of this study is to examine, through comparative method, if there are developments in the aspects proposed by the new law, from the perspective of the Federal Constitution of 1988, analyzing if, in fact, the law that will repeal the status of Foreigner treats legal condition of foreigners under the basics constitutionals principles. The results of reviews of these immigration laws pointed to progress of new Law under the perspective the dignity of the human person.