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Brazil: New Immigration Law Enacted

(June 8, 2017) Brazil promulgated on May 24, 2017, Law No. 13,445 a new migration law that provides for the rights and duties of migrants and visiting aliens, regulates their entry and stay in the country, and establishes principles and guidelines for public policies for emigrants.  (Lei No. 13.445, de 24 de Maio de 2017, PLANALTO.) The new Law  will enter into force on November 21, 2017, 180 days after its publication.  (Id. art. 125.)

Article 124(I) of Law No. 13,445 revokes the Alien Statute, which had focused on the country’s national security. (Id.; Estatuto do Estrangeiro, Lei No. 6.815, de 19 de Agosto de 1980, PLANALTO.)  Law No. 13,445, by contrast, abandons the idea that the immigrant is a threat to the country.   (Leandro Melito, Especialistas Avaliam que Lei de Migração Representa Avanço, Apesar de Vetos, AGÊNCIA BRASIL (May 25, 2017).)  The new law guarantees the right of immigrants to join political meetings and unions.  It also improves immigrants’ access to documentation for staying legally in the country.  The new law also enhances humanitarian protections for immigrants whose lives or personal integrity would be at risk if deported or forced to return.  (Id.)