Immigration Law in Brazil

Introduction

Immigration law in Brazil (Direito Migratório) is primarily governed by the Migration Law (Law 13.445/2017), which replaced the repressive Foreigner Statute (Law 6.815/1980) enacted during the military dictatorship. The 2017 Migration Law represents a paradigm shift, framing migration as a human right and adopting principles of non-discrimination, family reunification, and social inclusion. Brazil also has a progressive Refugee Law (Law 9.474/1997) that aligns with international refugee standards.

Constitutional Framework

The 1988 Constitution establishes the principles governing immigration policy. Article 5 guarantees fundamental rights to all persons in Brazil, regardless of nationality. The Constitution affirms the principle of non-discrimination and grants the Union exclusive competence to legislate on nationality, immigration, and extradition (Article 22, XIII and XV).

Article 4 of the Constitution establishes the principles of international relations, including prevalence of human rights, self-determination of peoples, and cooperation among peoples for the progress of humanity.

Migration Law (Law 13.445/2017)

Principles and Objectives

The Migration Law replaces the security-focused approach of the Foreigner Statute with a human rights-based framework. Its principles include: (i) universality of human rights; (ii) non-criminalization of migration; (iii) non-discrimination; (iv) family reunification; (v) social inclusion; (vi) access to justice; and (vii) international cooperation.

Migration Categories

The law establishes several migration statuses:

• Visitor (visitante): Short-term stays (tourist, business, transit, artistic/sporting)
• Temporary resident (residente temporário): Stays for study, work, investment, family reunification, humanitarian reasons
• Permanent resident (residente permanente): Indefinite stay, granted through family reunification, investment, or after meeting conditions for temporary residence conversion

Visas

Visas are classified into: (i) visit visa (visto de visita); (ii) temporary visa (visto temporário); (iii) diplomatic visa; (iv) official visa; and (v) courtesy visa. The National Immigration Council (CNIg) regulates visa issuance and may establish simplified procedures for specific categories.

Deportation and Expulsion

The law establishes procedures for deportation (deportação), expulsion (expulsão), and extradition (extradição), with due process guarantees. Expulsion may not be imposed on residents who have a Brazilian child or who have resided in Brazil for more than a specific period, except in cases of terrorism or organized crime.

Refugee Law (Law 9.474/1997)

Refugee Definition

Law 9.474/1997 adopts the expanded refugee definition of the Cartagena Declaration on Refugees (1984), recognizing as refugees: (i) persons fleeing persecution for race, religion, nationality, social group, or political opinion (1951 Convention definition); (ii) persons fleeing grave and generalized human rights violations; and (iii) stateless persons.

CONARE

The National Committee for Refugees (Comitê Nacional para os Refugiados, CONARE), an inter-ministerial body, is responsible for determining refugee status. CONARE’s decisions are administrative and subject to judicial review. Brazil’s refugee recognition procedure is known for its efficiency and protection-oriented approach.

Recent Refugee Inflows

Brazil has received significant refugee populations, including Syrians (through a humanitarian visa program), Venezuelans (through the Operation Welcome framework), Haitians, and Colombians. The CNIg has issued simplified residency permits for humanitarian reasons.

Mercosur Residence Agreement

As a member of Mercosur, Brazil has implemented the Mercosur Residence Agreement (Acordo de Residência do Mercosul), which grants nationals of Mercosur member states (Argentina, Paraguay, Uruguay) and associated states (Chile, Bolivia, Peru, Colombia, Ecuador) the right to temporary residence in Brazil with simplified requirements. This agreement represents one of the most advanced free movement regimes outside the European Union.

Nationality

Birthright and Naturalization

Brazil adopts birthright citizenship (jus soli): persons born in Brazil are Brazilian, regardless of parents’ nationality, except children of foreign diplomats. Persons born abroad to a Brazilian parent are also Brazilian if registered with a consulate or if they later reside in Brazil.

Naturalization (naturalização) is governed by the Migration Law. Requirements include: (i) legal residence in Brazil; (ii) Portuguese language proficiency; (iii) good conduct; (iv) integration into Brazilian society. The CNIg may grant extraordinary naturalization to persons who have rendered relevant services to Brazil.

Loss of Nationality

Brazilian nationality may be lost only in limited circumstances: (i) voluntary acquisition of another nationality, except where the other country requires naturalization as a condition of residence or for the exercise of civil rights; (ii) judicial declaration of loss for activities harmful to the national interest.

Judicial Interpretation

The STF has issued important decisions on immigration matters. In RE 587.970 (2015), the STF held that the principle of equality requires that foreign residents receive the same public benefits as Brazilian nationals. In ADPF 519 (2020), the STF affirmed that immigration regulations must respect the human dignity of migrants.

Conclusion

Brazilian immigration law has undergone a fundamental transformation, from a security-oriented model to a human rights-based approach. The Migration Law of 2017 and the Refugee Law of 1997 provide a progressive framework that emphasizes non-discrimination, family reunification, and social inclusion. Brazil’s active participation in Mercosur’s free movement agreements and its openness to refugees from various regions have established it as a significant destination country in Latin America.