Abstract

BASSA MERCADO, Jaime  and  GONZALEZ PEREZ, Erick. The political-philosophical foundations of Chilean immigration law and its impact on understanding the guarantee of equality. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.451-478.  Epub May 09, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16482.

This paper makes a critical review of the political, philosophical and normative foundations of the migrant status in Chile, the treatment of which is anachronistic and insufficient in terms of containing the migratory phenomenon in the intensity and magnitude in which it has manifested itself in Chile in the last decade. This normative insufficiency has its antecedent in the same political paradigm from which modernity is erected, where the notion of sovereignty and the construction of a notion of subject-citizen, holder of social and human rights, has a correlation in the way in which the Modern constitutionalism treats the issues of difference and equality in abstract and universal terms, which ends up determining the way in which Fundamental Rights are interpreted.

Keywords : immigration; equality; difference; citizenship; subjectivation.

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