Signed by President Michel Temer and published in official gazette on May 25, the New Migration Law establishes rules for Brazilian visa. The law also establishes the entry and residence of immigrants in Brazil and ensures equal rights and duties of Brazilians and foreigners.

The new law replaces Statute of the Foreigner implemented during Brazil’s military regime. Under that legislation, immigrants were viewed as a potential threat or enemy. The new law also removes an important item that insisted on the protection of the national labour market thus reinforcing Brazil’s will to open its internal market. According to senator and rapporteur Tasso Jereissati, “there is a change of paradigm, of spirit, in which the immigrant is no longer seen under the police optics of mistrust, of criminalization”.

What changes?

From November 2017, immigrants will benefit from the same inviolable human rights as Brazilian nationals. These rights include the right to life, liberty, equality, security, property and access to public health and education services. So, immigrants also can join labor unions and participate in strikes or protests.

Paper work and temporary visas

The legislation guarantees immigrants easier access to the documents necessary for their permanent stay in the country. The law also guarantees access to public service as well as formal job openings. Temporary work visas will be granted to foreign nationals who hold a letter offering employment. Nonetheless, those with university degrees will be eligible for temporary word visas even without an offer letter.

Humanitarian Visas

Among the main changes is the humanitarian visa policy institution. Currently, humanitarian visas are provisional and apply only to Syrians and Haitians. The measure allows people in a situation of risk of access to Brazil in a safe way. And, boast, apply for refuge or other form of international humanitarian protection.

Fighting Discrimination

The new law establishes the repudiation of xenophobia and racism and any other form of discrimination as principles of the country’s migration policy. The text also guarantees migrants the right to participate in protests and unions. The new law also extends access to justice and the right of defense of migrants.

Entry in Effect

This law will enter in effect in November 2017. Until then, the government will have to realize the process of regulation, goal of which is to decide on the details and practical aspects of the law, such as the conditions for the different visas. Europartner will monitor this process and keep you updated on all the relevant informations.