IMIGRATION LAWS

Immigration Laws

On May 24, 2017, Brazil enacted Law No. 13,445, which regulates migration in Brazil, establishes the rights and duties of migrants and visitors, regulates their entry and stay in the country, and establishes principles and guidelines for public policies for emigrants.

Article 4 of Law No. 13,445/2017 provides rights to migrants in Brazilian territory, such as the inviolability of the right to life, equality, security, and property. It also guarantees the right to family reunification of migrants with their spouse or partner, children, relatives, and dependents; the right to transfer resources from their income and personal savings to another country, subject to applicable legislation; the right to peaceful assembly; the right to association, including labor unions, for lawful purposes; access to public health services, social assistance, and social security in accordance with the law, without discrimination based on nationality or migratory status; the right to public education, with no discrimination based on nationality or migratory status.

Chapter II of the Migration Law addresses the documentary situation of migrants and visitors. Travel documents considered are: passport, laissez-passer, return authorization, safe-conduct, seafarer's identity card, consular registration certificate, civil identity document, or equivalent foreign document when admitted under a treaty, certificate of membership of an air transport crew, and others that may be recognized.

The visa is the document that gives its holder the expectation of entering national territory. A visa may be granted to applicants who intend to enter or remain in national territory: I - for a visit; II - temporary; III - diplomatic; IV - official; V - courtesy (Article 12). The Migration Law also establishes situations in which the visa will not be granted (Article 27 of Decree No. 9,199/17), such as not meeting the requirements for the requested visa type, intentionally concealing impediments to the granting of a visa or entry into the country, being an unaccompanied minor under 18 years of age without written travel authorization from legal guardians or competent authority, and behaving aggressively, insultingly, or disrespectfully towards Brazilian consular service agents at the time of visa application. However, a denial does not preclude a new application, provided that the requirements are fulfilled (Article 27, sole paragraph, of Decree No. 9,199/17) (CHIARETTI, 2018, p. 302-303).

According to Article 27 of the Migration Law, one of the circumstances in which the visa will not be granted is if the person "[...] behaves aggressively, insultingly, or disrespectfully towards Brazilian consular service agents [...]". This provision is criticized for establishing an authoritarian bias, contravening the law, and for the potential to generate arbitrariness (BRASIL, 2018, p. 770).

The legislation lists several grounds for refusal of entry (Article 45). These include expelled immigrants, individuals convicted of serious crimes, those with forged documentation, and those subject to sanitary restrictions, among others. Generally, falling within one of these grounds results in repatriation, which is an administrative measure to return individuals in a situation of impediment to their country of origin or nationality (Article 49). In the case of repatriation, an immediate communication of the reasoned act of repatriation will be made to the transporting company and the consular authority of the country of origin or nationality of the migrant or visitor, or to their representatives (Article 49, § 1).

The residence authorization, as stated in Article 30 of the Migration Law, replaced the old permanent visa governed by the former Foreigner Statute. According to the Migration Law, residence in Brazil may be authorized, through registration, for immigrants, border residents, or visitors who meet the conditions provided for in the law.

For more details, access the official document of the law here.