O direito a ter direitos : a participação política do imigrante no espaço público brasileiro e o necessário reconhecimento da qualidade de sujeito social e político.

Abstract

This thesis, linked to the Postgraduate Program in Law - Doctorate at UNISC, Area of Concentration Social Demands and Public Policies, line of research Diversity and Public Policies, presents as a central theme the political participation of immigrants in Brazil. In this way, we intend to answer the following problem: how does the immigrant's political participation take place and how can the Brazilian State promote this participation, in order to effectively recognize him as a social, political and endowed person to participate actively in the elaboration and inspection of public policies? The general objective of the thesis was defined as the identification of how the political participation of immigrants in Brazil occurs and the proposition of ways for the State to promote the political participation of immigrants based on their recognition as a subject of rights and as an active participant in the elaboration and inspection of public policies. To answer this objective, the work was divided into five chapters, in which each corresponds to one of the specific objectives, with the first chapter analyzing the characteristics of human displacement, the impacts and the responses provided by nation-states to the migratory phenomenon. , either from humanitarian law or from policies to contain migrations typical of a biopolitical control of the State; the second, studies the migratory phenomenon in Brazil and the place of exclusion traditionally occupied by the migrant, from the formation of the country and its utilitarian conception for the workforce, to the sanitary measures adopted by the country in the health emergency of COVID-19 ; the third, identifies how political participation occurs in Brazil and the insufficiency of the legal-nationalist conception of citizenship for the exercise of political participation in the public space; the fourth, investigates the spaces in which immigrants have an active political participation in the country, such as COMIGRAR, the right to vote in the Subprefectures and in the Municipal Council for Immigrants, both from the Municipality of São Paulo / SP; and the fifth, presents proposals for promoting the political participation of immigrants both at the national and municipal levels as a way of recognizing the quality of the subject. The work will use the deductive approach method, analytical procedure method and the technique is documentary research. Thus, it is concluded that, despite the progress promoted by the new legal framework in the country, the immigrant is not considered a social and political subject capable of participating politically in public decisions, therefore, it is necessary to establish spaces to promote this participation in all federative entities.