Recent Changes in Brazilian Immigration Law

Immigration legislation in Brazil has undergone significant transformations in recent years, with the implementation of the New Migration Law (Law 13,445/2017), which replaced the old Foreigner Statute of 1980. This change represents an important evolution in Brazilian migration policy, abandoning the national security perspective to adopt a human rights-based approach.

Main Changes Brought by the New Law

The New Migration Law introduced several important innovations:

Principles and Rights: Explicit recognition of immigrants' rights, including access to public services, education, health, and legal assistance.
New Visa Categories: Creation of specific visas for different purposes, such as work, study, research, and investment.
Migration Regularization: Simplification of regularization processes for immigrants already in Brazilian territory.
Humanitarian Reception: Establishment of humanitarian visa for people from countries in situations of serious human rights violations.
Combating Discrimination: Express prohibition of discrimination and xenophobia against migrants.

Recent Regulations

Following the enactment of Law 13,445/2017, various ordinances and resolutions were published to regulate specific aspects:

Interministerial Ordinance No. 11/2018: Regulates the granting of temporary visas and residence authorization for humanitarian reception purposes.
Interministerial Ordinance No. 12/2018: Provides for the granting of residence authorization for immigrants in Brazilian territory.
CNIG Normative Resolution No. 36/2018: Disciplines the granting of residence authorization for work purposes.
Ordinance No. 9/2022: Updates procedures for issuing visas and travel documents for foreigners.

Impacts for Foreigners in Brazil

The changes in Brazilian immigration legislation have significant impacts for foreigners:

Greater Legal Security: Clearer, rights-based regulation strengthens the legal security of immigrants.
Simplified Processes: Debureaucratization of various procedures, including document renewal.
Integration into the Labor Market: Facilitation of the insertion of foreign professionals into the Brazilian market.
Family Reunification: Expansion of family reunification rights for resident immigrants.
Professional Recognition: Advances in the recognition of foreign diplomas and qualifications.

Persistent Challenges

Despite the advances, there are still challenges in implementing the new migration policy:

Bureaucracy still present in some procedures
Waiting times for processing applications
Disparities in law enforcement across different regions of the country
Need for greater training of public agents

Conclusion

The New Migration Law and its regulations represent a significant advance in Brazilian migration policy, aligning the country with international best practices. For foreigners who wish to live, work, or invest in Brazil, it is essential to have specialized legal advice to navigate these new rules and take advantage of the opportunities they offer.