Multiculturalismo liberal e imigração: os limites da política da diferença

The Contemporary States are characterized by a significant ethnic, racial and religious pluralism, which has been increasing in recent years due to migration phenomenon and the humanitarian refuge. This situation has led groups of migrants, refugees and marginalized nationals to direct demands for r...

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Bibliographic Details
Main Authors: Lopes Sparemberger, Raquel Fabiana, Heringer Jr., Bruno
Format: Article
Language:Portuguese
Published: 2016
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7277464
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 17, Nº. 3, 2016 (Ejemplar dedicado a: Espaço Jurídico: Journal of Law [EJJL] | Quadrimestral), pags. 821-842
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Summary: The Contemporary States are characterized by a significant ethnic, racial and religious pluralism, which has been increasing in recent years due to migration phenomenon and the humanitarian refuge. This situation has led groups of migrants, refugees and marginalized nationals to direct demands for recognition, respect and promotion of their cultural uniqueness, imposing on the governments the unavoidable challenge to define the legal place of divergent manifestations, as well as the extent of political representation and self-government of these population groups. Although the policy of difference is opposed, in a way, to the liberal postulates that guide the contemporary states, demands for recognition will likely continue to occur. In this process, the International Human Rights Law constitutes an irreplaceable limit to divergent cultural expressions, especially concerning migration, immigration and refuges. In this study, the approach method is dialectical, and the research technique is literature. By way of concluding remarks, the partial, but progressive recognition has been, throughout the world, creating numerous recovery programs for enhancing cultural minorities, the institution of compensatory affirmative action, the allocation of autonomy, the self-government to certain groups, the consideration of their customs and traditions at the time of application of general laws, among other State measures.