Direito internacional privado na governança global das migrações: soluções para o objetivo 4 do Pacto Global para migração segura, ordenada e regular; identidade legal dos migrantes e continuidade das situações jurídicas

Abstract

Human mobility is inherent to human nature. Due to globalization, such mobility has been intensifying at the international level. It is estimated that the number of migrants in 2020 was 281 million people, which corresponded, at that time, to 3.6% of the world population. Being an undeniable reality, it was necessary to create an international instrument that sought to meet, at the same time, the interests of States and the human rights of migrants: the Global Compact for Safe, Orderly and Regular Migration. This is an instrument that, despite being considered a soft law norm, has proven to be a milestone in the global governance of migration. Even though it takes into account as guiding principles the international cooperation and a people-centred approach, the Pact does not include, in its text, Private International Law mechanisms that could help to pursue its objectives. This seems to be due to the marginalization that the discipline has suffered, as it is often seen as a branch of domestic law that only responds to private international problems. Such marginalization must be overcome so that the potential of the discipline is unlocked, especially with regard to migration. Therefore, this thesis, mainly through legal-theoretical and deductive methods, seeks to demonstrate the great potential of the discipline, especially with regard to one of the objectives of the Global Pact for Migration: to ensure that all migrants have proof of their legal identity and appropriate documentation. To this end, in a contemporary approach of Private International Law, methods and techniques that can help in achieving the aforementioned objective will be assessed. In addition, relevant international instruments that were prepared from the perspective of Private International Law will be presented, to demonstrate how they can contribute to the development of the topic.