The Haitian Diaspora to Brazil

reflections on the regulation and judicialization of family reunion from a cosmopolitan perspective

Abstract

The adversities faced by Haitians often lead them to consider emigration, resulting in the Haitian diaspora. Factors such as the route to other destinations and Brazil's leadership in the UN Mission in Haiti have driven this migration. Although official discourses emphasize the human rights of migrants, practice often falls short, generating discussions, especially in the judiciary. Using a deductive method, Kant's concept of universal hospitality was combined with Joseph's idea of mobility, highlighting the "blackening of migrations" to analyze the legal treatment of Haitian migrations to Brazil. The monographic and jurisprudential method was used with documentary research. After examining democratic influences on the current normative scenario, judicial decisions on the right to family reunification were analyzed, concluding that the legal response to the Haitian diaspora in Brazil has both positive aspects and limitations, characterizing a "Brazilian legal cosmopolitanism." It is proposed to regulate exceptional admission as an alternative to the MJSP/MRE ordinance no. 38/2023 to promote family reunification