THE NEW BRAZILIAN MIGRATION LAW

AN ANALYSIS OF THE IMPACTS ARISING FROM DECREE 9.199/2017

Abstract

The law 13.445/2017, by revoking the Foreigner Statute, brought advances to migration policy that had been awaited for decades, thus revoking the Foreigner Statute that had been in force for over thirty years. Although the new legislation has carried out an important alignment of the migration legislation with the constitutional precepts and the international policy for the protection of human rights, thus meeting an old demand, decree 9.199/2017 has received numerous criticisms due to the construction process, as well as due to of the innovations and silencing of its text, a fact that would be contradictory and inconsistent with the advances foreseen in the new law. Thus, the present work aims to analyze to what extent the new Brazilian migration law was impacted by its regulatory decree. Could the decree have created difficulties and obstacles for the execution of the law? For that, the methodology of bibliographical research in doctrine and national legislation was used, using the deductive method. On that occasion, it was found that decree 9.199/2017 exceeded the limits by innovating in the legal order and brought serious damage to the implementation of Law 13.445/2017, as it did not containing itself within the limits established for a decree visibly exercising the role of innovation in the legal order, which belongs to the legislature.