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This research studies the recognition of the other as a subject of rights in the nation-state and explores the phenomenon of migration in our biopolitical society. Due to the fact that humans are mobile and, therefore, naturally cross borders, migrants question the limits and functions of the State, both in regards to a countries willfulness to accept migrants and give them the right to have rights. The space of the migrant is not the same as the State’s space, yielding different forms of subject interaction. Moreover, this phenomenon demands rigorous analysis, as a means for redefining its structures, which presupposes the understanding of complex relationships of migratory flow patterns. Therefore, this paper analyzes migrants as subjects of rights in our biopolitical scenario, and the realization of the universality of Human Rights, before the nationalist State.

Estado-Nação, biopolítica e fenômeno migratório: o reconhecimento do migrante frente ao cenário biopolítico