The United Nations has recognized Brazil for its commendable legal framework regarding the treatment of migrants, refugees, and asylum seekers. Highlighting the country’s migration policies, the UN special rapporteur on the human rights of migrants, Gehad Madi, praised Brazil for offering robust protections that guarantee fundamental human rights irrespective of nationality. The announcement followed Madi’s ten-day visit to Brazil, where he evaluated its migration laws (see the full report on Jurist.org).
Brazil’s Migration Law, implemented in 2017, provides safe regularization pathways, ensuring equal access to healthcare, education, labor protections, and social security for all migrants, regardless of status. The legislation aligns with Brazil’s constitutional guarantees and adopts a human rights-focused, non-punitive approach by classifying irregular entry as an administrative infraction rather than a criminal act. This framework, complemented by humanitarian visas, positions Brazil as a leader in South America amidst the trend of restrictive migration policies in countries like the US and Europe.
Despite these advancements, Madi noted ongoing challenges, particularly communication and bureaucratic hurdles faced by migrants. Concerns were raised about Cuban nationals, who find their asylum applications rarely recognized despite increasing submissions. Additionally, the ban on asylum applications for those arriving at Guarulhos International Airport on connecting flights without Brazilian visas has been contentious, as it aims to curb criminal misuse of asylum channels.
Recommendations for Brazil to further align its policies with international standards include securing funding to implement migration policies effectively, enhancing resources for the federal police and the National Committee for Refugees (CONARE) to accelerate asylum claim decisions, and strengthening CONARE’s airport presence as the primary authority for asylum cases.
In support of the region’s humanitarian needs, Brazil launched Operation Welcome in 2018 to aid the significant influx of vulnerable Venezuelan refugees, demonstrating its commitment to addressing migration issues with compassion and responsibility.
While Brazil’s efforts are recognized internationally, the call for continued improvements underscores the dynamic nature of migration policy and the need for constant adaptation to meet evolving humanitarian challenges. This evaluation of Brazil’s practices comes amid growing global scrutiny of how nations handle migration, with the country being positioned as a potential model for others seeking to balance security with human rights protections.