Family protection of migrants: counterpoints between the rulings of the Brazilian Supreme Federal Court and the Argentine Supreme Court of Justice

Abstract

This paper analyzes two rulings recently handed down by the highest courts of justice in Brazil and Argentina, highlighting their positive and negative aspects, respectively.
After a brief historical development of Argentine immigration law, both judicial decisions are outlined, on which comments and critical considerations are outlined with respect to their repercussions on the legal system and on the family protection of migrants.
It is concluded that Argentine legislation and jurisprudence on immigration matters do not guarantee legal security to foreigners living in the country, mainly considering the reforms introduced through the Necessity and Urgency Decree 70/17 (both in their procedural and substantial aspects), and the judgment handed down by the Supreme Court in the “Barrios Rojas” case, insofar as they have left the situation of migrant families subject to the arbitration of a public administration with broad discretionary powers and a restricted judicial control in the hands of a non-specialized jurisdiction.
In turn, the judicial decision issued by the Brazilian Federal Supreme Court stands out, as it tends to ensure the union of migrants with their families and the respect of their fundamental rights.