Lei de Migração (Lei 13,445/2017)
The Lei de Migração (Law No. 13,445 of 2017) is Brazil’s comprehensive immigration statute, replacing the previous foreigners’ law (Law 6,815/1980). The law establishes the rights of migrants and refugees in Brazil, including access to education, health services, and social security. It introduces a new framework for temporary and permanent residence, work visas, and humanitarian protection. The law reflects a shift from a security-focused approach to a human rights-based immigration policy.
Legal area: Immigration law governs the admission, stay, and removal of foreign nationals and the rights of migrants and refugees.
Year enacted: 2017
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L13445.htm
Key Provisions
- Art. 3: Human rights-based approach to migration
- Art. 4: Rights of migrants (education, health, social security)
- Art. 11-14: Types of visas (temporary, permanent, humanitarian)
- Art. 30: Permanent residence for investors and professionals
- Art. 33: Work authorization and labor rights
- Art. 54: Deportation and removal procedures
- Art. 87: National Immigration Council (CNIg)
Significance
The Migration Law marked a significant shift in Brazil’s immigration policy, moving from a restrictive approach to one based on human rights and development. The law has facilitated the regularization of Venezuelan and other South American migrants. It has been praised for its progressive approach but criticized for bureaucratic implementation challenges, particularly in the processing of visa applications and residence permits.