Direito internacional público, migrações em massa e constitucionalismo internacional

Abstract

The following work discusses whether countries are internationally obliged to welcome immigrants and refugees to their national territories and guarantee them treatment according to the principle of human dignity, or if it is merely at the countries’ discretion to establish politically governable regulations and choices, afforded legitimacy by the national sovereignty, even if this offends internationally consecrated human rights. The article also asks if countries have the political and legal legitimacy in their territories to impose regulations that contradict the standards recognized in the sphere of international declarations and conventions on human rights, justified by the pretext inherent to the national interest. The article therefore responds to the problem at hand by way of the theory of equilibrium, guided by respect for national sovereignty without compromising the effectiveness of human rights. The article also articulates the compression of global constitutionalism as a key factor in the sphere of the metamorphosis of the standards of Public International Law, which regulate modern-day migration issues.