THE POSSIBILITY OF CREATING A TRANSNATIONAL JURISDICTIONAL BODY FOR MIGRATION AND REFUGEE RIGHTS

Abstract

Contextualization: This article is dedicated to highlighting the possibility of constructing a Transnational Constitutionalism with the aim of safeguarding legal norms relevant to the recognition and protection of the rights of individuals and citizens. This initiative seeks to demonstrate, through the research presented herein, whether there is a possibility of creating Transnational Jurisdictional Bodies for Migration Law.

Objectives: This study aims to investigate legal norms applicable to Constitutional Law in relation to Migration Law, focusing on the possibility of implementing regulatory norms for Migration Law at a transnational level and of creating Transnational Jurisdictional Bodies for Migration Law with sanctioning authority over member states.

Method: The method used during the research phase was inductive, and in the data analysis phase, the deductive method was applied, through bibliographic and documentary review.

Results: The model of the International Court of Justice was used as a reference to analyze the importance of the transnationalization of judicial decisions, as well as to verify and analyze the jurisdiction and scope of international courts’ decisions, in order to support the hypothesis of creating a Transnational Jurisdictional Body to address issues related to the rights of migrants and refugees at the global level.