A cidadania dos não-nacionaiso conceito contemporâneo de cidadania e sua regulação no direito migratório brasileiro

Resumo

This dissertation is nested within the field of citizenship studies, and aims to present a critical reformulation of the concept of citizenship in light of Brazilian migration law. In the context of global transformations and the intensification of international mobility in the 21st century, the research departs from the diagnosis that the modern conception of citizenship (binary, homogeneous, and tied to nationality) has become insufficient to explain contemporary forms of legal belonging and exclusion. Within this framework, the research addresses two main gaps. The first has a theoretical nature, and concerns the lack of systematization of both national and international academic literature on citizenship. The second has a regulatory nature, and refers to the absence of systematic analysis of Brazilian migration law, including constitutional, statutory, and sub-legal norms, as it relates to citizenship. Through a normative and critical legal analysis, the study develops an analytical framework of citizenship based on four interdependent dimensions: legal status, rights, participation, and membership. It further demonstrates that the Brazilian legal system operates differentiations that reflect the contemporary notion of stratified and graduated citizenship. These findings contribute to the critical renewal of citizenship studies by proposing an analytical framework that is sensitive to the contemporary forms of inclusion and exclusion experienced by non-nationals (migrants) within Brazilian law. The work is also part of an explicit effort to challenge the theoretical colonialism still prevalent in legal and social scholarship on citizenship. On a practical level, it offers insights into how Brazilian migration law structures varying degrees of legal belonging for migrants, serving as a critical tool for the development of more inclusive and equitable migration policies. Ultimately, the dissertation invites a broader legal and political reflection on how to reconstruct the concept of citizenship from the perspective of the Brazilian context, moving beyond the conceptual limits imposed by the liberal, nation-state tradition.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/37213

Palavras-chave

CidadaniaDireito migratórioRegularização migratóriaNacionalidadeVistoCitizenshipMigration lawMigrationMigratory regularizationNationalityVisaDireitoDireito de migração