A perspectiva Habermasiana de inclusão do outro: uma abordagem sob a ótica das migrações internacionais no século XXI e da proteção dos direitos fundamentais dos migrantes pelo Estado brasileiro

Abstract

This doctoral thesis intends to analyze the national migration policy and the protection of the fundamental rights of migrants by the Brazilian State, seeking to verify the possibility of presenting guidelines for an inclusive migration policy based on the Habermasian perspective of inclusion of the “other”. It is, therefore, about initially discussing the theoretical matrix of Jürgen Habermas, from which the foundations of an inclusive and solidary policy are extracted. In this way, the research problem consists in the analysis of the theoretical-legal possibility of construction of a migratory policy, by the States, with an emphasis on the Brazilian State, so that the migrant is seen as a subject of rights and not as the “other”, from the Habermasian perspective. Thus, the research seeks to discuss contemporary international migrations, entering into the migratory policy adopted by some States and contrasting the exceptional measures adopted by such countries against the backdrop of Habermasian solidarity. Turning the focus to the Brazilian State, it is intended to refine the national migration policy, in the constitutional, infra-constitutional and international spheres, identifying the mismatch between national protection and the Habermasian perspective of migrant inclusion. This time, an attempt is made to rethink the protection of the fundamental rights of migrants by the Brazilian State under the lessons of Habermas, identifying the migrant as a subject of universal rights, as well as discussing the importance of the 1988 constitutionalist movement for the protection of rights fundamental, considering the broad protection of human dignity and the Brazilian democratic process after 1988 as means of inclusion of the category. From this, it concludes with the presentation of possible guidelines for the Brazilian State to achieve an inclusive migration policy based on the Habermasian perspective. As for the methodology adopted, the phenomenological-hermeneutic approach method, the historical and inductive procedural method and the indirect documentation research technique with bibliographic research pertinent to the subject are adopted.