Who are the people? A legal analysis of access to justice for brazilian immigrants in the light of Friedrich Müller's theory

This article aims to analyze the inclusion of immigrants within the context of Brazilian citizenship. To this end, a comparative study is conducted between the Brazilian legal reality and Friedrich Müller’s theory concerning the definition of “people,” with the objective of identifying which subjects effectively enjoy access to justice in the country. The hypothesis is that, under the Brazilian legal system, immigrants are holders of fundamental rights and guarantees, and are therefore protected by the Federal Constitution. Methodologically, the research adopts inductive reasoning, with a legal-diagnostic approach, employing bibliographic and documentary research techniques.

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Publication Details

Journal
OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANA
Published
2025-08-18
DOI
https://doi.org/10.55905/oelv23n8-068
Primary Topic
Migration, Racism, and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Who are the people? A legal analysis of access to justice for brazilian immigrants in the light of Friedrich Müller's theory

Isadora Silva Sousa, Newton Pereira Ramos Neto
OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANA
Migration, Racism, and Human Rights
article

Who are the people? A legal analysis of access to justice for brazilian immigrants in the light of Friedrich Müller's theory

Isadora Silva Sousa, Newton Pereira Ramos Neto
article en

Abstract

This article aims to analyze the inclusion of immigrants within the context of Brazilian citizenship. To this end, a comparative study is conducted between the Brazilian legal reality and Friedrich Müller’s theory concerning the definition of “people,” with the objective of identifying which subjects effectively enjoy access to justice in the country. The hypothesis is that, under the Brazilian legal system, immigrants are holders of fundamental rights and guarantees, and are therefore protected by the Federal Constitution. Methodologically, the research adopts inductive reasoning, with a legal-diagnostic approach, employing bibliographic and documentary research techniques.

OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANAVol. 23(8)
Openalex Percentile: Top 73%
Migration, Racism, and Human Rights
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