Immigrant, do you know your rights?

11 de December de 2024, às 22:25 Qualitare
By Chiara Borges - Law student intern







There are many factors that lead people to leave their countries in search of a new place to live, such as the search for a better quality of life, political systems, wars, natural disasters, the possibility of economic development, among others. Brazil, a country known for its receptivity, constant development and cultural diversity, has become one of the most sought-after destinations for those wishing to leave their homeland and take up residence in another country, albeit temporarily.



As a result of the constitutional principle that protects the dignity of the human person, Law No. 13.445, known as the Migration Law, which establishes the rights and duties of migrants and visitors, regulates their entry and stay in the country and establishes principles and guidelines for public policies for migrants (Art. 1º).



Under the terms of this law, an immigrant is any person who is a national of another country or a stateless person who works or resides and settles temporarily or permanently in Brazil, being guaranteed equal conditions with nationals, the inviolability of the right to life, liberty, equality, security and property, as well as civil, social, cultural and economic rights and liberties.



And more, the promotion of regular entry and document regularization, humanitarian reception, economic, tourist, social, cultural, sporting, scientific and technological development of Brazil, equal and free access for migrants to services, social programs and benefits, public goods, education, comprehensive public legal assistance, work, housing, banking and social security, guarantee of compliance with legal and contractual labor obligations and application of worker protection rules, without discrimination on the grounds of nationality and migratory status.



In order for migration to be regularized, it is necessary to obtain a visa, a document that gives the holder the expectation of entering national territory. These can be classified as visit, temporary, diplomatic, official and courtesy visas, which will be granted to those who meet the requirements for the type of visa requested. A residence permit may also be granted, subject to the criteria established by law.



In the event of irregular entry and stay in Brazilian territory, the law guarantees that migratory regularization will be the rule, without the migrant having to leave the country to regularize their situation, granting the person who is in an irregular migratory situation a period of no less than 60 (sixty) days, which may be extended for an equal period, subject to their commitment to keep their domicile information up to date, and they are also guaranteed all the rights and guarantees provided for by law, regardless of their migratory situation.