Migração e seguridade social: análise do acesso a benefícios assistenciais e assistência jurídica gratuita para migrantes venezuelanos em São Luís/MA

Abstract

This study investigates the challenges faced by Venezuelan migrants in accessing welfare benefits, with a focus on the Continuous Benefit Payment and the Bolsa Família Program, and in accessing free legal assistance. The field of study emphasizes Venezuelan migrants of the Warao ethnic group and the obstacles experienced in the municipality of São Luís/MA. In this sense, although these rights are guaranteed by the Migration Law – Law No. 13.445/2017, reality shows a mismatch between what is determined by the law and what occurs in practice. The research, which employs a qualitative-quantitative methodology, is based on bibliographic and documentary analysis through the review of scientific articles published in national journals, specialized databases, legislation, and legal cases handled by the Federal Public Defender’s Office (DPU). The basis for this work was the advances made by Brazil’s migration policy and the view of migrants as subjects of rights. The results showed that, although it is the right of migrants, access to welfare benefits is hampered by various obstacles. Venezuelan migrants face significant documentary barriers, including the requirement of documents that are often inaccessible to individuals in irregular migratory situations or who lack proficiency in Portuguese. The slow pace of migration regularization processes and the absence of documentation, especially among Warao Indigenous individuals, worsen this situation. A lack of awareness regarding their rights and responsibilities also emerges as a major obstacle. Added to this are linguistic and sociocultural barriers, such as the frequent mobility of the Warao between different cities, which makes access to and continuity in social programs difficult. The research also explored the right to free legal aid and DPU’s role in ensuring this right. Within this context, the obstacles that hinder access to this service were examined. In addition, an analysis was made of the Legal Assistance Cases opened by the DPU involving Venezuelan migrants, establishing a connection between the challenges reported and the local context. Finally, the work reinforced the importance of aligning the principles of human dignity and social justice with the reality experienced by this population