A look at the configuration of the human rights of forced migrants

Arendt, Agamben and the new migration law

Abstract

The article proposes to analyse whether the current configuration of national migration legislation from Arendt's perspective on the universalization of human rights and Agamben's reflections on bare life and the state of exception demonstrates its capacity to protect the human rights of people undergoing forced migration. To this end, a literature review of a bibliographical nature was used, using the historical procedure method. In order to interpret the effectiveness of the current configuration of the human rights of this vulnerable group, an analysis of international and national legislation on migration was carried out, focusing mainly on the case of the New Brazilian Migration Law. To this end, a theoretical discussion was built to understand how human rights are framed considering the situation of migration and statelessness in the face of an increasingly prevalent state of exception. It was noted that the constitutive fragility of forced migrants is a perennial situation, aggravated by the political inaction of nation states. It has also been noted that there is a need for states and international organizations to adopt new practices to promote the human dignity of forced migrants.