UNDOCUMENTED LABOR MIGRATION

Authors

DOI:

https://doi.org/10.5335/rjd.v39i3.17792

Keywords:

Migration; Right to Work; Conventionality Control

Abstract

The article analyzes undocumented migration, which has intensified over the years due to globalization. Precarious labor relations have been revealed among immigrant workers in irregular situations, leaving them vulnerable in relation to fundamental rights, including the right to work. This article proposes an analysis of international regulations, comparing them with Brazilian regulations, based on concepts such as conventionality control and the internationalization of human rights standards, in order to understand the dialogical relationship between regulatory sources and seek effective ways to achieve migration governance with social justice in the Brazilian context. Using a logical-deductive method, a qualitative approach is developed using normative and bibliographic sources. In the end, it was found that normative sources converge to protect the right to work of undocumented immigrants and that their internationalization is strategic for conventionality control in order to support policies that guarantee the right to work.

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Author Biography

  • Daniela Wernecke Padovani, Universidade de São Paulo

    Postdoctoral Fellow and Doctor of Labor Law from the University of São Paulo (USP). Researcher at the Research Group on Worker Protection and Promotion of Labor Relations (GPPRO) at the University of São Paulo Law School (USP). University professor. Mediator and Judicial Conciliator at the School of Corporate Education of the State University of Campinas (EDUCORP/UNICAMP and NUPEMEC/TJSP). 

Published

2025-12-18

How to Cite

UNDOCUMENTED LABOR MIGRATION. (2025). Law of Justice Journal, 39(3), 244-269. https://doi.org/10.5335/rjd.v39i3.17792