We emphasize that asylum seekers and refugees have the same rights as all Brazilians . As provided for in Article 6 of the Federal Constitution of Brazil , social rights are education , health , food , work , housing , transportation , leisure , security , social security , protection of maternity and childhood and assistance to the homeless .
Watch the video that talks about the basic rights of asylum seekers and refugees. To access the video in Portuguese, click here; with English and Spanish subtitles, click here; with subtitles in French and Arabic, click here.
Non-refoulement
Refugees and asylum seekers cannot be expelled or returned to a country or territory where their life or physical integrity is at risk of being violated, and under no circumstances can they be returned to their country of origin. Recognition of refugee status also stops any extradition process and prevents the refugee from being expelled, except for reasons of national security or public order. This right is provided for in the Convention Relating to the Status of Refugees, to which Brazil is a signatory. If you are prosecuted and face extradition or expulsion proceedings, you are entitled to free legal assistance provided by the Federal Public Defender’s Office.
Non-penalization
While their asylum claim is under analysis, asylum seekers have the right not to be investigated or fined for their irregular entry into the Brazilian territory.
Non-discrimination
No one can have their rights restricted due to their skin colour, gender, age, sexual orientation, social situation, economic conditions or religion. Racism is a crime in Brazil.
For more information, see Section Racism and Xenophobia.
Family Reunification
Refugees recognized by Brazil have the right to family reunion. This means that if you have family members who are already in the country and still do not have their asylum claim recognized, they can apply for family reunion and receive refugee status without going through the interviews. This is allowed because a person from the same family group has already had their application granted, which allows them to extend refugee status to their family members.
If your family members are not in Brazil, it is possible to request a visa for a family reunion through CONARE, whose body will analyze your request and, if so, will coordinate with the Ministry of Foreign Affairs (MRE) to issue a visa to your ( family member(s). However, the Brazilian government does not have any program to finance the arrival of family members of refugees to Brazil .
According to Brazilian law, family members who are entitled to family reunification are:
- Spouse or Partner;
- ascendants;
- Descendants;
- Other members of the family group who are economically dependent on the refugee
For more information on family home evening, go here .
It is important to keep in mind that all travel related costs, such as airfare, are your responsibility. The Brazilian government will not cover the costs of bringing your family to Brazil.
Protection from sexual or gender-based violence
In Brazil, men and women have the same rights. Therefore, any form of violence against women, based on gender or sexual orientation, is a crime. Women who have been victims of violence have the right to assistance and can report the crime through the Dial 180 or by going to the police stations specialized in combating violence against women.
For more information, click here.
Flexibility regarding documents from the country of origin
According to article 43 of the Brazilian Refuge Law, the atypical condition of refugees must be considered by the Brazilian authorities and institutions when it is necessary to present documents issued by their countries of origin or by their diplomatic and consular representations.
Trip abroad
If you, a recognized refugee or asylum seeker, want to travel abroad, check the need to communicate or request authorization from CONARE in the travel abroad section .
Passport for recognized refugees
According to Brazilian law, every refugee recognized in Brazil can apply for a Brazilian passport for foreigners .
Never forget to check if you need a visa to enter a certain country. Please note that although you will be traveling with a Brazilian document, the visa requirements will still depend on your nationality.
To learn more, click here .
Traveling abroad with a Brazilian child
Brazilians under the age of 18 traveling abroad, alone or in the company of only one parent or guardian, must carry travel documents (identity card or passport*) and must present a travel authorization issued in accordance with Resolution nº 131/11 of the National Council of Justice and obtained from the Childhood and Youth Court of your locality.
In the above cases, it will be necessary to present the travel authorization to the Federal Police, even if the parents or guardians of the child or adolescent are present at the time of check – in with the air, sea or land transport companies.
When traveling abroad, authorization is unnecessary if the child or adolescent travels with one of the parents, expressly authorized by the other through a document with a notarized signature. The model of travel authorization for minors recommended by the Federal Police, which must be completed after carefully reading Resolution No. can be found in the “Travel of Children and Adolescents Abroad” of the Federal Police.
*Issuance of the identity card is free (Law 12.687/12).