Investigação de “casamentos brancos” e a proteção dos direitos fundamentais no contexto das políticas de imigração ibero-brasileira | 2016

Author(s) Larissa Araújo Coelho
Advisor(s) Andreia Sofia Pinto Oliveira
Year 2016

Synopsis Marriages of convenience are part of migration policies and the management of their flows. With an increasing adoption of restrictive rules by the hosting States, marriage is a way to acess the territory by citizens of foreign countries that do not comply with the foreigners’ legislation requirements. As a result of this process and with the aim of adopting measures to stop the practice of marriages of convenience, the States adopt investigation methods based on presumptions, rebuttable when searching the material truth. By a descriptive-explanatory study with a bibliographical and documental research, our study limits itself territorially analyzing three countries, Brazil, Spain and Portugal, in order to understand the investigation procedure used in each of those systems and to detect if it exists or not a violation of fundamental rights, specifically the right to marry and constitute a family, the right of non-discrimination against nationality and the right of privacy. With the help of the doctrine and national jurisprudence a double result might be verified. For the Courts the procedure is lawful, not calling into question subjective rights, but for the doctrine the collision of rights is not solved so peacefully, according to the principle of proportionality and the protection of its essential content.

See more here.

 

2018-02-07T12:26:48+00:00