Migration law in a compared perspective between Brazil and Spain: between migration policies protecting the human rights of migrants and refugees and the criminalization of contemporary migration

Abstract

The protection of human rights for migrants and refugees has been one of the main challenges of the 21st century, since, despite the international migration legislation, which determines cooperation between nations for the humanitarian reception of all peoples, There is, in reality, resistance to receiving subjects who are in forced displacement. In this regard, the study aims to analyze, from a comparative perspective, the interrelationship between criminal policies and migration policies adopted in Spain and Brazil, with the aim of demonstrating that discriminatory practices against migrant and refugee people are based on criminal treatment of irregular migrations, in the criminalization process of forced displacements. The research problem focuses on verifying the proximity of migration policies and criminal policies in the contemporary reality of Brazil and Spain. The methodology is qualitative. The methods were deductive and comparative, with methodological procedures of bibliographic and documentary analysis, to compare Spain and Brazil, supported by the analysis of criminal policies and migration policies that give rise to the process of criminalization of migration. The research hypothesis is that migration policies were tightened with factual crimmigration in Spain, with the adoption of art. 318 bis in the Spanish Penal Code. In Brazil, crimmigration is symbolic, classifying migrants as enemies. From the studies, it was possible to observe that discriminatory practices are covered in discourses of disqualification and criminalization of the figure of migrants and refugees.