The Migration Law in Brazil (Law 13.445/2017) includes provisions for humanitarian admission visas, which allow for the reception of foreigners in countries experiencing severe or imminent institutional instability, armed conflicts, large-scale calamities, natural disasters, or serious violations of human rights or international humanitarian law. Prior to the adoption of this legal instrument, Brazil was already providing humanitarian admission to Haitians (since 2012) and Syrians (since 2013).
In addition to people affected by the crises in Syria and Haiti, since 2019, the Brazilian government has expanded this policy to Afghans and Ukrainians. Each nationality and situation has its own requirements, which can be summarized as follows:
Haitian nationals and stateless individuals affected by major calamities, natural disasters, or institutional instability in the Republic of Haiti. Since 2012, this policy has benefited more than 100,000 Haitians. The current legislation in effect is the Interministerial Decree n. 37, from March 30th, 2023). It represents a major milestone in complementary pathways of international protection by recognizing large-scale calamities and natural disasters as grounds for granting humanitarian admission. From April 10 2023, the Brazilian Government issued the Interministerial Decree n. 38, to facilitate and simplify procedures to family reunification with Haitian nationals and stateless individuals with family ties in Brazil (up to the second degree).
Individuals affected by the armed conflict in Syria( resolution continuously renewed since 2013, currently in force is Interministerial Decree n. 9, from October 8, 2019, with no expiration date). The humanitarian situation in Syria has remained dire since 2019. The Brazilian government continues to grant humanitarian visas for Syrians. It has already benefited around 10,000 Syrians.
Afghan nationals, stateless persons, and individuals affected by severe or imminent institutional instability, serious violations of human rights or international humanitarian law in Afghanistan (Interministerial Decree n. 24, from September 3, 2021, subsequently replaced by Interministerial Decree n. 42, from September 22, 2023). Since 2021, Brazil has granted around 10,000 visas to people affected by the situation in Afghanistan. The latest text improves Brazilian policy by ensuring a reception and integration structure prior to the effective arrival of Afghans in Brazil, avoiding their exposure to highly vulnerable situations. Afghans in Brazil also benefit from simplified procedures for asylum recognition.
Ukrainian nationals and stateless individuals affected or displaced by the conflict in Ukraine (Interministerial Decree n. 36, from March 13, 2023). It has benefited around 180 Ukrainians. However, more than 1,500 individuals from that country have arrived in Brazil, thanks to the visa exemption for stays of up to 90 days. Those people were able to apply for temporary and/or permanent residency in Brazilian territory, or seek asylum, in accordance with our legislation.
The expansion of nationalities benefited from humanitarian visas reinforces the welcoming nature of the Brazilian legal framework. It represents an update to the new challenges the country has been facing by facilitating regularization and institutionalizing complementary pathways of international protection, thereby establishing the necessary legal foundations for its long-term sustainability and viability.
