브라질의 신이민법과 이주정책의 변화

In 2017, Brazil enacted the New Migration Law (Lei de Migração, Law No. 13,445), which dramatically changed migration policy. It replaces the Foreigners' Status Law in 1980 (Law No. 6,815), which was enacted during the military regime. The Foreigners' Status Law was designed in the context of national security and domestic job protection. Foreigners was viewed per se a threat to national security, and thus applied a dichotomy approach to foreigners who were useful to national interests and to foreigners who were dangerous to national security. However, in 1988, the democratic federal constitution stipulated human dignity and human rights as the greatest constitutional values. The enactment of new migration law is to adapt to the principles of the federal constitution. The paradigm of migration policy has undergone a fundamental change from the national security principle to the protection of the human rights of migrants and the social integration as the migration of both nationals and foreigners has increased. In this paper, we tested the changes in Brazilian migration policy through the Haiti refugee crisis (2010~13) and the Venezuelan refugee incident (2015~18). When we observed the crisis solution process of the two refugee cases, we can perceive that there is a great change in the migration policy of Brazil from the national security principle to the human rights principle. According to Johnson's theory of immigration law, Brazilian migration law has changed its policy value from domestic interest theory to national value theory. More theoretical research is needed, however, on whether these changes in policy reflect substantial changes in Brazilian society that has been suffering from migrant-importer country to migrant-sender country, or substantial social change into human rights-respecting society.