The immigration and brazilian law: the ineffectiveness of public policies in dealing with migratory issues

The objective of the present work is to question the lack of public policy in the immigration variants in Brazil, as well as the subjectivity of the immigration agent in analyzing, interpreting and applying the rules for the permission of foreigners to enter the national territory. It is already known that migration is inherent to human nature, it is a concern of the individual's soul in the search for better living conditions and well-being. It is a historical phenomenon that has accompanied the individual from the beginning of time to the present day. Throughout these times, legislation was enacted in order to adapt the phenomenon to the reality of each era. At certain times, the agrarian immigrant strategy was undertaken by the State, that is, the replacement of slaves by immigrants or white arms for farming. In others, the strategy returned to internal migrations and the regional surplus management strategy, which predominated in the 1950s and 1960s; preceding the strategy of national integration and the strategy of territorial rationalization of migratory flows, which characterized the conceptions and projects of the military dictatorship, culminating in the strategy of territorial fragmentation, violence and the strategy of social management of migrants. Nowadays, the migration problem is regulated by Law 13,445/17, regulated by Decree 9,199/17. The law under discussion is the one that comes closest to issues related to human rights, therefore, an advance in legislation. However, unlike this legislative advance, policies still remain in a plaster cast, ineffective in the face of migratory problems, which makes them an unsolved problem today. Based on this statement, it will be demonstrated through the deductive and phenomenological method, and in a qualitative way, that the public policies adopted in Brazil do not address the situation of migrants in the national territory.