ABSTRACT
The criminalization of immigrants by receptor States deserves special attention in studies of migration. This chapter discusses the theoretical construction of the ‘non-criminalization principle’, in Brazilian Law No. 13,445, of May 24, 2017. Through analysis of the new law, the chapter demonstrates how the non-criminalization principle can be divided into four subprinciples: (a) non-criminalization of migration; (b) non-discrimination in criminal proceedings and criminal enforcement of common crimes; (c) due legal process in compulsory withdrawal measures; (d) non-imprisonment of migrants with irregularities in their legal status.
