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Summary

In Brazil, a constitutional principle provides for the granting of asylum to aliens, while a federal law regulates immigration issues in general, including asylum.  A national council subordinate to the Ministry of Labor, which is in charge of coordinating immigration activities in the country, has issued regulations establishing the requirements for obtaining refugee or asylum status. 

A federal law from 1997 definedthe mechanisms for implementing the Refugee Status Act of 1951 in the country and created a national committee under the Ministry of Justice to deal with the refugee matters.  Under this authority, the committee issued a normative resolution detailing the procedures for the request and processing of refugee applications.

Permanent residency and citizenship are available to holders of asylum and refugee status, provided that certain requirements are met.  However, Brazilian legislation does not provide any specific provision for the integration of immigrants into the society.  State and local authorities play no role in immigration matters, and the enforcement of immigration laws falls under the jurisdiction of the Department of Federal Police. 

I.  Asylum Policies and Procedures

A.  Constitutional Principle

In Brazil, the granting of asylum is a principle identified in the Constitution.  Article 4 of the Brazilian Constitution states that the international relations of Brazil are governed by, inter alia, the principles of the “prevalence” of human rights, cooperation among peoples for the progress of humanity, and the granting of political asylum.[1]

B.  Enforcement of Immigration Laws

The Department of Federal Police, which is subordinate to the Ministry of Justice,[2] is the competent agency to enforce legislation dealing with nationality, immigration, and aliens.[3]

C.  Legal Situation of Aliens in Brazil

Law No. 6,815 of August 19, 1980, the Alien’s Statute (Estatuto do Estrangeiro), defines the legal situation of aliens in Brazil and created the National Council of Immigration (Conselho Nacional de Imigração, CNIg).[4] 

Article 28 of Law No. 6,815 determines that a foreign national admitted to Brazilian territory as a political asylee must comply with all duties imposed on him/her by international law, along with the current domestic laws and all additional duties established by the Brazilian government.[5]  The asylee may not leave the country without the express authorization of the Brazilian government; an asylee who does so renounces his/her status as an asylee and is not allowed to reenter the country.[6]

Decree No. 86,715 of December 10, 1981, regulates Law No. 6,815.  Article 56 of the Decree determines that once asylum is granted to a person, the Federal Department of Justice must put in writing the terms for the person’s stay in Brazil, including the period of stay and, if applicable, additional conditions imposed by international and domestic law currently in force.[7]  The record must be forwarded to the Department of Federal Police for registration purposes.[8]  An asylee who wishes to leave the country and reenter it without renouncing his/her asylee status must obtain prior authorization from the Minister of Justice, through the Federal Department of Justice.[9]

An alien admitted to the country permanently, temporarily, or as an asylee is required to register with the Department of Federal Police within thirty days of entering the country or being granted asylum, be fingerprinted,[10] and comply with the provisions of Decree No. 86,715.

During the registration process, an alien must present a travel document that identifies him/her and a copy of the Brazilian consular visa application form or, where a visa is being changed, a consular certificate of the country of nationality.[11]

The following information must be recorded in the alien’s registration:

  • name and filiation
  • city and country of birth
  • nationality
  • date of birth
  • sex
  • marital status
  • occupation and education level
  • place and date of entry into Brazil
  • type and number of travel document
  • number and classification of consular visa, and date and place of its issue
  • means of transportation used to enter the country
  • data relating to accompanying minors’ places of residence, work, and study[12]

The registration will be valid only after it has been verified that the alien legally entered the country, after the respective consular visa was issued.[12]  When the documentation submitted omits any data regarding the alien’s civil status, the person must present a birth or marriage certificate, consular certificate, or judicial order.[12]

D.  Conventions on Political, Diplomatic, and Territorial Asylum

Brazil is a signatory of the Organization of American States’ conventions on political, diplomatic, and territorial asylum.[15]  Decree No. 1,570 of April 13, 1937, promulgated the Convention on Political Asylum;[16] Decree No. 42,628 of November 13, 1957, promulgated the Convention on Diplomatic Asylum;[17] and Decree No. 55,929 of April 14, 1965, promulgated the Convention on Territorial Asylum in the country.[18] 

The Convention on Political Asylum asserts the following: 

Article 3.

Political asylum, as an institution of humanitarian character, is not subject to reciprocity. Any man may resort to its protection, whatever his nationality, without prejudice to the obligations accepted by the State to which he belongs; however, the States that do not recognize political asylum, except with limitations and peculiarities, can exercise it in foreign countries only in the manner and within the limits recognized by said countries.

Article 4.

When the withdrawal of a diplomatic agent is requested because of the discussions that may have arisen in some case of political asylum, the diplomatic agent shall be replaced by his government, and his withdrawal shall not determine a breach of diplomatic relations between the two States.[19]

The Convention on Diplomatic Asylum states as follows:

Article II

Every State has the right to grant asylum; but it is not obligated to do so or to state its reasons for refusing it.

Article III

It is not lawful to grant asylum to persons who, at the time of their request for asylum, are under indictment or on trial for common offenses or have been convicted by competent regular courts and have not served the respective sentence, nor to deserters from land, sea, and air forces, except when the acts giving rise to the request for asylum, whatever the case may be, are clearly of a political nature.

. . . .

Article V

Asylum may not be granted except in urgent cases and for the period of time strictly necessary for the asylee to depart from the country with the guarantees granted by the Government of the territorial State, with the objective that his life, liberty, or personal integrity may not be endangered, or that the asylee’s safety is ensured in some other way.

Article VI

Urgent cases are those, among others, in which the individual is being sought by persons or criminals/gangs/organized crime groups over whom the authorities have lost control, or by the authorities themselves, and is in danger of being deprived of his life or liberty because of political persecution and cannot, without risk, ensure his safety in any other way.

Article VII

If a case of urgency is involved, it shall rest with the State granting asylum to determine the degree of urgency of the case.[20]

Pertinent provisions of the Convention on Territorial Asylum are as follows: 

Article 1

Every State has the right to admit foreign persons into its territory, as it deems advisable, as long as the exercise of this rights does not give rise to a complaint on the part of any other State.

. . . .

Article III

No State is under the obligation to surrender to another State, or to expel from its own territory, persons persecuted for political reasons or offenses.

. . . .

Article VI

No State is under the obligation to establish any distinction in its legislation or in its alien-related regulations or administrative acts, solely because these are political asylees or refugees.

. . . .

Article VIII

No State has the right to request another State to restrict the freedom of assembly or association for political asylees or refugees when the latter State’s internal legislation grants this freedom to all aliens within its territory, unless the purpose of such assembly or association is to foment the use of force or violence against the government of the soliciting State.

Article IX

At the request of an interested State, the State that grants refuge or asylum shall take steps to keep watch over, or to intern at a reasonable distance from its border, those political refugees or asylees who are notorious leaders of a subversive movement, as well as those against whom there is evidence that they are disposed to join it. 

Determination of the reasonable distance from the border, for the purpose of internment, shall depend upon the judgment of the authorities of the State of refuge. 

All expenses incurred as a result of the internment of political asylees and refugees shall be charged to the State making the request.[21]

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II.  Refugee Policies and Procedures

A.  Refugee Status Act

In 1960, Brazil enacted legislation approving the 1951 Geneva Convention Relating to the Status of Refugees, which Brazil had signed on July 15, 1952; in 1972, Brazil enacted legislation approving the 1967 Protocol Relating to the Status of Refugees.[22]  On July 22, 1997, Brazil promulgated Law No. 9,474, which defined the mechanisms for implementing the Convention and Protocol, created the National Committee for Refugees (Comitê Nacional para os Refugiados, CONARE), and defined the Committee’s competence and functional structure.[23] 

According to Law No. 9,474, the interpretation of its precepts must be in harmony with the Universal Declaration of Human Rights, the Convention and Protocol, and every international instrument to which the Brazilian government is a signatory.[24]

1.  Definition of Refugee

Law No. 9,474 defines the term “refugee” as an individual who,

I - owing to well-founded fear of persecution for reasons of race, religion, nationality, social group or political opinion finds himself outside his country of nationality and cannot or is unwilling to take shelter in that country;

II - not having the nationality and being outside the country where once he had his habitual residence, is unable or unwilling to return to it, under the circumstances described in the preceding item;

III - owing to serious and widespread violations of human rights, is obligated to leave his country of nationality to seek refuge in another country.[25]

2.  Refugee Status of Family Members

Law No. 9,474 also provides that the effects of refugee status are extended to the spouse, the ascendants and descendants, and other members of the family group that are economically dependent on the refugee, provided that they are in the country.[26]

3.  Individuals Who Cannot Benefit from Refugee Status

Categories of persons who cannot benefit from refugee status include those who already enjoy protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees (UNHCR); are resident in the national territory and have rights and obligations related to the status of Brazilian national; have committed a crime against peace, a war crime, a crime against humanity, or a heinous crime, or participated in terrorist acts or drug trafficking; or are guilty of acts contrary to the United Nations purposes and principles.[27]

4.  Legal Status of Refugees

Recognition of refugee status subjects its beneficiary to Law No. 9,474 without prejudice to international instruments to which the Brazilian government is a party or comes to join in the future.[28]  A refugee enjoys the rights and is subject to the duties of aliens in Brazil, the provisions of Law No. 9,474, the Geneva Convention and its Protocol; he/she is also responsible for complying with the laws, regulations, and provisions for maintaining public order.[29]  Under the Convention, a refugee is entitled to an identity card evidencing his/her legal status, a work permit (carteira de trabalho), and a travel document.[30]

5.  Procedures for Requesting Refugee Status

An alien who reaches the national territory can express his/her desire to apply for recognition as a refugee to a migratory authority at the border; the migratory authority then provides the alien with the necessary information about the recognition procedure.  Under no circumstance can an alien be deported to the border of a territory where his/her life or freedom would be threatened on account of race, religion, nationality, social group, or political opinion.  This benefit, however, may not be invoked by a refugee considered dangerous to the security of Brazil.[31]

Irregular entry into the national territory is no impediment to an alien requesting refugee status before the competent authorities,[32] who must hear the applicant and prepare a statement detailing the circumstances of the applicant’s entry into Brazil and the reasons that made the applicant leave his/her country of origin.[33]  The request for refugee status suspends any administrative or criminal proceedings for illegal entry that have been started against the petitioner and family members accompanying him.[34]

6.  Refugee Process

To apply for recognition as a refugee, an alien must present him/herself to the competent authority and express his/her willingness to be recognized as a refugee.[35]  The competent authority must instruct the applicant to make a statement, which serves as the opening date of the refugee process.[36]  The competent authority must inform the UNHCR that the refugee process has been initiated and provide the UNHCR with the opportunity to offer suggestions to facilitate the process.[37]

In addition to the statement provided, with the assistance of an interpreter if necessary, the alien must fill out a request for recognition as a refugee, which must contain his/her full name, professional qualifications, educational background, educational background of accompanying family members, and a statement revealing the circumstances and facts that support his/her request for refugee status, along with relevant evidence.[38]

The recording of the alien’s declaration of his willingness to be recognized as a refugee and the supervision of his completion of the refugee request form must be carried out by qualified employees and in conditions that guarantee the confidentiality of the information.[39]  The process of recognizing refugee status is free of charge and considered an urgent matter.[40]

7.  Authorization for Provisional Residence

Upon receipt of the request for refugee status, the Department of Federal Police must issue a protocol authorizing the applicant and his family group’s presence in the national territory until the final decision of the refugee process is reached.[41]  All minors under the age of fourteen must be listed on the protocol.[42]  The protocol enables the Ministry of Labor to issue a provisional work permit allowing them to be employed for compensation.[43]  As long as the request for refugee status is pending, the requester is subject to the provisions of Law No. 9,474.[44]

8.  Inquiry and Report

The competent authority must carry out any inquiry required by CONARE and ascertain all the facts deemed appropriate for a fair and quick decision, while respecting the principle of confidentiality.[45]  Once the inquiry period is finished, the competent authority must immediately prepare a report to be sent to the Secretary of CONARE for inclusion on the agenda of the next meeting of that joint committee.[46]  The participants in the proceedings concerning the refugee request must keep confidential any information to which they gain access in the exercise of their functions.[47]

9.  Decision, Communication, Registration, and Appeal

The decision for recognition of refugee status is considered a declaratory act and must be duly supported by facts and evidence.[48]  Once a decision has been reached, CONARE must notify the applicant and the Department of Federal Police to institute the appropriate administrative measures.[49]  Following a positive decision, the refugee must be registered with the Department of Federal Police, sign a statement of responsibility, and ask for the appropriate identity card.[50]

Following a negative decision, the notification to the applicant must contain the elements that support the decision.  The applicant can appeal to the Minister of Justice within fifteen days from the receipt of the notification.[51]  During the appeal process, the requester and his family members are allowed to remain in the country and work in accordance with article 21 of Law No. 9,474.[52]  The decision of the Minister of Justice is not subject to appeal and must be conveyed to CONARE, the applicant, and the Department of Federal Police for appropriate action.[53]  In the case of a final refusal to the request for refuge, the applicant becomes subject to the Alien’s Statute (Estatuto do Estrangeiro).  Nevertheless, the applicant must not be transferred to his/her country of nationality or habitual residence as long as circumstances endangering his/her life, physical integrity, and freedom exist, except in cases where the applicant participated in terrorism, engaged in drug trafficking, or committed a crime against humanity, a war crime, or other heinous crime.[54]

10.  Situations Where Refugee Status May Cease or Be Lost

According to article 38 of Law No. 9,474, refugee status ceases in cases where the alien

I - reavails himself of the protection of the country of his nationality;

II - voluntarily recovers the nationality once lost;

III - acquires a new nationality and enjoys the protection of that country;

IV - establishes himself again, voluntarily, in the country which he left, or remained outside for fear of persecution;

V - can no longer continue to refuse the protection of the country of nationality because the circumstances in which he was recognized as a refugee no longer exist;

VI - being a stateless person, is able to return to the country of his former habitual residence, as the circumstances in which he was recognized as a refugee have ceased to exist.[55]

Pursuant to article 39, loss of refugee status occurs

I – with renunciation;

II – with proof of the falsity of the pleas for recognition of refugee status or the existence of facts that, had they been known at the time of recognition, would have caused a negative decision;

III – with the exercise of activities contrary to national security or public order;

IV – when the alien leaves the national territory without prior authorization from the Brazilian Government.[56]

A refugee who loses refugee status on the basis of sections I and IV of article 39 is subject to the general regime applying to aliens in the country; a refugee who loses refugee status on the basis of sections II and III is subject to compulsory measures provided for in Law No. 6,815 of August 19, 1980, which provides for deportation.[57]

11.  Local Integration of Refugees

The Law provides that Brazilian authorities should consider the atypical nature of the refugees’ situation when refugees are required to present documents issued by their countries of origin or its diplomatic and consular representations.[58]  In such circumstances, the authorities should take the unfavorable situation of the refugees into account and facilitate the recognition of certificates and diplomas for refugees seeking to obtain resident status and admission in academic institutions at all levels.[59]

12.  Resettlement of Refugees

The Law provides for the resettlement of refugees in other countries should be voluntary, whenever possible.[60]  The resettlement of refugees in Brazil must be accomplished in a planned manner and with the coordinated participation of state bodies and nongovernmental organizations, where possible, identifying areas of cooperation and determining areas of responsibility.[61]

13. CONARE

Law No. 9,474 created CONARE, a collective decision-making body under the Ministry of Justice[62] that, in accordance with the 1951 Convention Relating to the Status of Refugees, the 1967 Relating to the Status of Refugees, and other sources of international refugee law, is responsible for

I - examining the application and declaring the recognition, in the first instance, of refugee status;

II – deciding on the cessation, in the first instance, ex officio or at the request of the competent authorities, of refugee status;

III - determining the loss, in the first instance, of refugee status;

IV - guiding and coordinating the actions needed for the effective protection, assistance and legal support to refugees;

V - approving normative instructions clarifying the implementation of Law No. 9,474.[63]

On April 30, 2014, CONARE issued Normative Resolution No. 18, which detailed the procedures for requesting and processing refugee applications.[64]  Article 1 of Normative Resolution No. 18 determines that a foreigner who is in the country and wants to ask the Brazilian government for refuge must go, in person or through his/her attorney or legal representative, to any unit of the Federal Police, and present a completed Refuge Request Form (Termo de Solicitação de Refúgio).

After the Refuge Request Form is turned in and the applicant’s biometric data (or its equivalent) is collected, the Federal Police must immediately issue a Refuge Protocol, regardless of any hearing that may have been scheduled for a later date.[65]

The Refuge Protocol is sufficient evidence of the refugee status of the requester and serves as the identity card of the alien, granting him/her the rights guaranteed by Law No. 9,474, the Constitution, international conventions relating to refugees, and the same inherent rights as those possessed by aliens lawfully present in the country, until the final judgment on the application has been reached.[66]

The Refuge Protocol gives the refugee the right to obtain an Internal Revenue Service Card (Cadastro de Pessoas Físicas, CPF) and a work permit (Carteira de Trabalho e Previdência Social), which is valid for as long as the Refuge Protocol is valid.[67]  When the refuge request is for a family group, the Protocol must be issued to each family member individually.[68]  The Refuge Protocol is valid for one year, renewable for equal periods, until a final decision is reached.[69]

Normative Resolution No. 18 further details the procedures to be followed after the request for refugee status is received by the Federal Police,[70] provides the situations that may cancel the application,[71] indicates the appellate procedures in case of a negative decision,[72] details the procedures to request authorization to travel,[73] and sets forth the procedures for cases involving the loss of refugee status.[74]

B.  Permanent Visa

Pursuant to article 1 of Decree No. 840 of June 22, 1993, CNIg, which is subordinate to the Ministry of Labor, is responsible, inter alia, for the coordination of immigration activities in Brazil.[75]  According to Decree No. 840, the deliberations of CNIg must be issued through resolutions.[76]

1. CNIg Resolution No. 6 of August 21, 1997

On August 21, 1997, CNIg issued Resolution No. 6, which determines that the Ministry of Justice, in order to safeguard the national interests, may grant a permanent visa to an alien who is the holder of refugee or asylum status, provided that the person

  • has resided in Brazil for at least four years in refugee or asylum status;
  • is qualified and employed by an institution installed in the country;
  • is a qualified professional recognized by the relevant body in the area; or
  • is established in a business resulting from an equity investment that meets the objectives of a Normative Resolution issued by the CNIg for the granting of a visa to a foreign investor.[77]

Before permanent residency is granted, the Ministry of Justice must run a background check on the alien and ascertain if he/she has been convicted of any criminal offenses.[78]

2. Decree No. 86,715 of December 10, 1981

Decree No. 86,715 determines that a permanent visa may be granted to an alien who intends to establish permanent residency in the country.[79]  To obtain a permanent visa, an alien must meet the special requirements provided for in the rules for the selection of immigrants established by the CNIg, and present the following documentation:

I - passport or equivalent document;

II - international certificate of immunization when necessary;

. . . .

IV- police certificate or equivalent document, at the discretion of the consular authority;

V - proof of residence;

VI - birth or marriage certificate; and

VII - an employment contract stamped by the Secretariat of Immigration of the Ministry of Labor, if applicable.[80]

Except in cases of force majeure, a permanent visa can be obtained only in the consular jurisdiction where the applicant has maintained residence for a minimum of one year immediately preceding the application for a permanent visa.[81]

The granting of a permanent visa may be conditional, for a period not exceeding five years, on performing certain activities and settling in a particular region of Brazil.  The consular officer must make a note in the margin of the visa indicating the activity required to be performed by the alien and the region where he/she is required to settle.[82]

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III. Acquisition of Citizenship

In order to apply for Brazilian citizenship, an alien must satisfy certain conditions.  The alien

I - must have civil capacity according to Brazilian law;[[83]]

II - must be registered as a permanent alien in Brazil;

III - must be in continuous residence in Brazilian territory for at least four years immediately before applying for citizenship;

IV - must read and write the Portuguese language, evaluated on the basis of the social and intellectual situation of the applicant;[[84]]

V - must practice a profession or have enough possessions to guarantee his and his family’s maintenance;

VI - must have good behavior;

VII - cannot have been indicted or convicted in Brazil or abroad for a felony; [and]

VIII - must be in good health.[85]

The four-year residence requirement may be reduced to three years if the alien possesses real estate or an enterprise in Brazil; two years because of the alien’s professional, scientific, or artistic abilities; and one year if the alien has a Brazilian spouse, child, or parent, or has performed a relevant service to Brazil.[86]

The residency requirement is dispensed with in cases where the alien spouse has been married to an active Brazilian diplomat for more than five years, or the alien has been employed by a Brazilian diplomatic mission or Brazilian consulate for more than ten continuous years.  In these cases, the only requirement is a thirty-day stay in Brazil.[87]

The application for naturalization is filed with the local agency of the Department of Federal Police,[88] and must indicate whether the applicant intends to have his/her name translated or adapted to the Portuguese language.  The application must also include the documents listed in article 119 of Decree Law No. 86,715 of December 10, 1981.[89]

An alien who is admitted to Brazil by the age of five and permanently lives in the country may, within two years after reaching adulthood, apply for naturalization.[90]

An alien admitted to Brazil during the first five years of his/her life and who permanently lives in the country may, while still a minor, require through his/her legal representative the issuance of a provisional certificate of naturalization.[91]  An alien who is the holder of such a provisional certificate of naturalization and wants to confirm his/her intention to continue to be a Brazilian citizen must manifest such intention to the Minister of Justice within two years after reaching majority.[92]

An alien who comes to reside in Brazil before reaching the age of majority and has obtained a degree from a national institution of higher education may, within one year after graduation, apply for naturalization.[93]

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IV. Services for Immigrants

Brazilian law does not contain any specific provisions concerning services or integration of immigrants into the society, or free medical treatment.  However, pursuant to the Constitution, it is the competence of the federal government, the states, the Federal District, and the municipalities to take care of public health and public assistance.[94] 

According to this constitutional mandate, federal, state, and municipal administrations have enacted laws concerning emergency medical treatment and medical treatment of indigent people, as well as social assistance to the poor, the elderly, children, and the disabled.  In these cases, depending on the situation, a person can be treated for free at a federal, state, or municipal hospital.

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V.  Role of State and Local Authorities

The law does not make any reference to the role of state and local authorities in regard to immigrants as a whole or, more specifically, to refugees or asylees. 

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VI.  Free Movement in the Country

Apparently, refugees are allowed to move freely in the country and select their place of residence, as long as they are not subject to any restriction imposed on them in connection with their proximity to the country’s border, as provided in the Convention on Territorial Asylum.

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VII.  New Legislation

Brazil is in the process of changing its immigration legislation, which was enacted in 1980 and designed to align with Brazil’s national security needs at that time.  Today, human rights are being emphasized in proposed legislation under consideration in the Chamber of Deputies and the Federal Senate.

A bill in the Chamber of Deputies would provide for the entry, stay, exit, and naturalization of aliens in the country, as well as compulsory actions they are to perform.  In addition, the bill would revamp the National Council of Immigration on National Council of Migration, and define offenses and other matters.[95]

A bill in the Federal Senate seeks to provide for the rights and duties of migrants and regulate the entry and stay of foreigners in Brazil; revoke, in part, the Alien’s Statute; regulate the types of visas required for aliens entering the country; establish repatriation, deportation, and expulsion procedures; provide for the naturalization process, its conditions and types, and cases of loss of nationality; “address the situation of Brazilian emigrants abroad”; criminalize international trafficking in persons; establish administrative offenses related to illegal entry in the country; and amend the Brazilian Social Security Law (Previdência Social, Lei No. 8.213, de 24 de Julho de 1991) to facilitate contributions to Brazilian social security by Brazilian nationals who worked for a period of time in a foreign country.[96]

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Prepared by Eduardo Soares
Senior Foreign Law Specialist
March 2016


[1] Constituição Federal [C.F.], art. 4(II), (IX), (X), http://www.planalto.gov.br/ccivil_03/Constituicao/ Constituicao.htm, archived at https://perma.cc/FH8R-Z4Y6.

[2] Lei No. 10.683 de 28 de Maio de 2003, art. 27(XIV)(d)(g), http://www.planalto.gov.br/ccivil_03/leis/2003/ L10.683.htm, archived at https://perma.cc/4C92-7JH7.

[3] Decreto No. 73.332 de 19 de Dezembro de 1973, art. 1(IV)(h), http://www.planalto.gov.br/ccivil_03/decreto/ antigos/d73332.htm, archived at https://perma.cc/9WG5-Q73G.

[4] Estatuto do Estrangeiro, Lei No. 6.815, de 19 de Agosto de 1980, http://www.planalto.gov.br/ccivil_03/Leis/ L6815compilado.htm, archived at https://perma.cc/N7NS-FMM6.

[5] Id. art. 28.

[6] Id. art. 29.

71] Decreto No. 86.715, de 10 de Dezembro de 1981, art. 56, http://www.planalto.gov.br/ccivil_03/decreto/ Antigos/D86715.htm, archived at https://perma.cc/4M92-WPSY

[8] Id. art. 56(sole para.).

[9] Id. art. 57.

[10] Id. art. 58.

[11] Id. art. 58(§1).

[12] Id. art. 58(§2).

[13] Id. art. 58(§3).

[14] Id. art. 58(§4).

[15] Convention on Political Asylum, Dec. 26, 1933, O.A.S.T.S. 34, http://www.oas.org/juridico/english/treaties/a-37.html, archived at https://perma.cc/C2RF-5ZA4; Convention on Diplomatic Asylum, Mar. 28, 1954, O.A.S.T.S. 18, http://www.oas.org/juridico/english/treaties/a-46.html, archived at https://perma.cc/AQG5-TN34; Convention on Territorial Asylum, Mar. 28, 1954, O.A.S.T.S. 19, http://www.oas.org/juridico/english/treaties/a-47.html, archived at https://perma.cc/DU5V-X8UC.

[19] Convention on Political Asylum, supra note 15, arts. 3–4.

[20] Convention on Diplomatic Asylum, supra note 15, arts. II, III, V, VII.

[21] Convention on Territorial Asylum, supra note 15, arts. I, III, VI, VIII, IX.

[22] Convention and Protocol Relating to the Status of Refugees, July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 137 (Convention) & Jan. 31, 1967, 19 U.S.T. 6223, 606 U.N.T.S. 267 (Protocol), http://www.unhcr.org/3b66c2aa10. html, archived at http://perma.cc/V86S-GU6S; Decreto Legislativo No. 11, de 1960, http://www2.camara.leg.br/ legin/fed/decleg/1960-1969/decretolegislativo-11-7-julho-1960-349947-publicacaooriginal-1-pl.html, archived at https://perma.cc/WG2S-5HUA; Decreto No. 70.946, de 7 de Agosto de 1972, http://www2.camara.leg.br/legin/fed/ decret/1970-1979/decreto-70946-7-agosto-1972-419532-publicacaooriginal-1-pe.html, archived at https://perma.cc/ H9R9-VMYX.

[23] Lei No. 9.474, de 22 de Julho de 1997, https://www.planalto.gov.br/ccivil_03/leis/l9474.htm, archived at https://perma.ccj/FDS5-XNNB.

[24] Id. art. 48.

[25] Id. art. 1.  (This and all translations below are by the author.)

[26] Id. art. 2.

[27] Id. art. 3.

[28] Id. art. 4.

[29] Id. art. 5.

[30] Id. art. 6.

[31] Id. art. 7.

[32] Id. art. 8.

[33] Id. art. 9.

[34] Id. art. 10.

[35] Id. art. 17.

[36] Id. art. 18.

[37] Id. art. 18(sole para.).

[38] Id. art. 19.

[39] Id. art. 20.

[40] Id. art. 47.

[41] Id. art. 21.

[42] Id. art. 21(§2).

[43] Id. art. 21(§1).

[44] Id. art. 22.

[45] Id. art. 23.

[46] Id. art. 24.

[47] Id. art. 25.

[48] Id. art. 26.

[49] Id. art. 27.

[50] Id. art. 28.

[51] Id. arts. 29, 40.

[52] Id. art. 30.

[53] Id. arts. 31, 41.

[54] Id. arts.  3(§§ III, IV), 32.

[55] Id. art. 38.

[56] Id. art. 39.

[57] Id. art. 39(sole para.).  Article 58 of Law No. 6,815 of August 19, 1980, determines that “deportation” means the compulsory exit of an alien.

[58] Id. art. 43.

[59] Id. art. 44.

[60] Id. art. 45.

[61] Id. art. 46.

[62] Id. art. 11.

[63] Id. art. 12.

[65] Id. art. 2.  A sample of the Refuge Protocol is available on the website of the Ministry of Justice at http://www. justica.gov.br/seus-direitos/estrangeiros/refugio/anexos/protocolo-de-refugio.pdf, archived at https://perma.cc/ RRU3-MW8Y.

[66] Resolução Normativa CONARE art. 2(§ 2).

[67] Id. art. 2(§3).

[68] Id. art. 2(§4).

[69] Id. art. 2(§5).

[70] Id. arts. 3, 4, 7, 8, 12.

[71] Id. art. 6.

[72] Id. arts. 9, 10.

[73] Id. art. 13.

[74] Id. art. 14.

[75] Decreto No. 840, de 22 de Junho de 1993, art. 1, http://www.planalto.gov.br/ccivil_03/decreto/D0840.htm, archived at https://perma.cc/N8U3-RTYX

[76] Id. art. 4.

[77] Resolução Normativa CNIg No. 6, de 21 de Agosto de 1997, as amended by Resolução Normativa CNIg No. 91, de 10 de Novembro de 2010, art. 1, http://acesso.mte.gov.br/data/files/8A7C816A2E7311D1012F2C60997101FE/  Resolu%C3%A7%C3%A3o%20Normativa%20N%C2%BA%2006%20-%20ALTERADA.pdf, archived at https://perma.cc/5BB6-A6CW.

[78] Id. art. 1(sole para.).

[79] Decreto No. 86.715, art. 26.

[80] Id. art. 27.

[81] Id. art. 27(§1).

[82] Id. art. 28.

[83] Article 5 of the Brazilian Civil Code (Código Civil, Lei No. 10.406, de 10 de Janeiro de 2002, http://www. planalto.gov.br/ccivil_03/LEIS/2002/L10406.htm, archived at https://perma.cc/4XFW-2MVC) determines that minority ceases at the completion of eighteen years of age, when the person is then fully capable of practicing all acts of civil life.  Paragraph 1 of article 5 further establishes that a minor’s incapacity may also cease by the concession of the parents, or one of them in the absence of the other; by a public instrument; or independently of the judicial sanction or judicial decision of a sixteen-year-old minor (id. art. 5(§1)(I)); by marriage (id. at II); by effective exercise of public employment (id. at III); by graduation from an institution of higher education (id. at IV); or by commercial or civil establishment, or the existence of an employment relationship that provides a sixteen-year-old minor with economic support (id. at V).

[84] The knowledge of the Portuguese language is measured by asking the alien applicant to read excerpts of the Constitution.  Decreto No. 86.715, art. 129(I).

[85] Lei No. 6.815, art. 112.

[86] Id. art. 113.

[87] Id. art. 114.

[88] Decreto No. 86.715, art. 125. 

[89]  Id. art. 119; see also arts. 120–134.

[90] Id. art. 120.

[91] Id. art. 121.

[92] Id. art. 122.

[93] Id. art. 123.

[94] C.F. art. 23(II).

[96] Senado Federal, Projeto de Lei do Senado No. 288, de 2013, http://www25.senado.leg.br/web/atividade/materias/-/materia/113700, archived at https://perma.cc/9X8X-EAFN; Lei No. 8.213, de 24 de Julho de 1991, http://www. planalto.gov.br/ccivil_03/LEIS/L8213cons.htm, archived at https://perma.cc/7PSP-W9VB.