The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics an...The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics and is going to be a core-issue in a time of economic crisis, while in Brazil the current wave of international migration is regarded as a new phenomenon, resulting from the recent economic growth. From a legal standpoint, this study provides an analysis of both national legal order and the jurisprudential trends issued by the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR), specifically underlining the judicial borrowing and interaction between the two courts.展开更多
文摘The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics and is going to be a core-issue in a time of economic crisis, while in Brazil the current wave of international migration is regarded as a new phenomenon, resulting from the recent economic growth. From a legal standpoint, this study provides an analysis of both national legal order and the jurisprudential trends issued by the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR), specifically underlining the judicial borrowing and interaction between the two courts.