Open AccessPolítica migratoria argentina reciente: función simbólica del derecho y derechos humanos
Author(s) -
Luis Eduardo Thayer Correa
Publication year - 2021
Publication title -
migraciones internacionales
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.258
H-Index - 8
eISSN - 2594-0279
pISSN - 1665-8906
DOI - 10.33679/rmi.v1i1.2270
Subject(s) - decree , discretion , state (computer science) , immigration , political science , law , human rights , humanities , sociology , philosophy , algorithm , computer science
Executive Decree 70/2017 profoundly modified the legal regime for migration in Argentina. This article aims to analyze the use of this legal reform as a symbolic instrument of criminal policy and contrast them with human rights standards. The methodological approach combines legal analysis with the theoretical study of the reform. The work shows that the decree sought to link immigration and criminality and convey a message of firmness from the State in the fight against crime. As well as provide an update of the debate on the legal reform considering what happened subsequently. It is concluded that the reform has increased the margins of state discretion, generating a greater degree of legal insecurity for migrants. Although limited to a specific national case, the research may have theoretical implications for the study of similar cases.