As contribuições da Carta de Direitos Fundamentais da União Europeia para a consolidação do Estatuto da Cidadania do MERCOSUL, em matéria de livre circulação de pessoas

Abstract

The objective of this article is to identify the similarities and differences between the Charter of Fundamental Rights of the European Union and the MERCOSUR Citizenship Statute regarding the free movement of persons. This is based on an analysis of the creation of documents, their hierarchical status, and degree of affiliation. This study seeks to identify how MERCOSUR has worked to consolidate the free movement of persons. To this end, a qualitative and exploratory study was conducted, using normative-descriptive, monographic, and comparative methods, with bibliographic and documentary research techniques. The final result was that the integration processes under study are similar in terms of their concern for citizenship and the creation of documents that encompass citizens’ rights. It is noteworthy that both the Charter and the Statute were initially approved as soft law. However, due to the Statute’s lack of legal force, which remains non-binding, and also due to the lack of a sense of belonging to the integrated region among its citizens, MERCOSUR is struggling to consolidate the rights it provides. Furthermore, given the maintenance of migration control at internal borders, the right to free movement of people has not yet been realized in MERCOSUR, unlike the European Union, as only the right to free residence remains in the region.