La opinión consultiva como herramienta para la uniformización de la interpretación y aplicación del derecho del MERCOSUR, en la temática migratoria

Abstract

MERCOSUR, in the attempt to form a common market, has as its objective the free movement of people. As the region, historically, has high migratory mobility, whether from intra or extra bloc migrants, it was forced to produce a set of regulatory norms, having developed various measures for the strengthening of the free movement of people, promotion of citizenship and protection of the human rights of the migrant. In this regard, MERCOSUR has worked with the harmonization of national laws, seeking to reduce disparities in the treatment provided by the right of internal source. Given this scenario, and considering the increase in the internal flow of migrants, observed at present, the following research problem arises: is it possible to use the mechanism of advisory opinion, existing in MERCOSUR, for cases dealing with the movement of people, as a tool to standardize the interpretation and application of Mercosurean norms on the issue of migration and, consequently, strengthen the rights of migrants, in the block? To respond to the problem posed, the descriptive and historical normative methods were used, and as a research technique the bibliographic review and the documentary analysis. The response that has been reached says that in spite of the fact that there are still challenges related to the implementation and operation of the advisory opinion, it can be used as a suitable mechanism to promote the standardization of interpretation and attribute effectiveness to the intended rights, in the MERCOSUR rules related to the movement of people, strengthening regional integration, building trust and also deepening the human rights of migrants.