The humanitarian visa in Brazil emerges as an essential instrument of international protection, backed by constitutional principles of human dignity and international human rights obligations. Provided for in the Migration Law (Law No. 13,445/2017) and regulated by Decree No. 9,199/2017, it offers regular access to the country for foreigners in situations of severe vulnerability, such as during the crises in Venezuela, Haiti, Afghanistan, Syria, and Ukraine. It reinforces Brazil’s constitutional commitment to human dignity and international solidarity.
How does the practical process for requesting this visa work, and who are the main beneficiaries?
The humanitarian visa application can be submitted at Brazilian embassies or consulates abroad, or, in exceptional cases, directly in Brazil, with the joint participation of the Ministry of Justice, the Itamaraty (Ministry of Foreign Affairs), and the Federal Police. Its practical application has been refined through specific ordinances, such as MJSP/MRE nº 24/2021¹ (for Afghans) and Normative Resolution No. 29/2018² (laboral immigration), which operationalized fair responses to humanitarian crises. Nonetheless, applicants often face challenges such as limited access to consulates in conflict areas, bureaucratic complexity, lengthy procedures, as well as linguistic, cultural, and infrastructural barriers to integration. Brazilian jurisprudence has reinforced the legal framework of humanitarian visas, with rulings from the Supreme Federal Court (STF), the Superior Court of Justice (STJ), and the Federal Regional Courts (TRFs) recognizing the instrument as compatible with fundamental rights and constitutional guarantees. These judicial precedents ensure legal certainty for applicants and reaffirm the humanitarian character of Brazil in light of its international commitments
Conclusion
The humanitarian visa is a tool through which Brazil strengthens its humanitarian tradition, offers legal protection, and honors international agreements. However, it is urgent to improve institutional mechanisms, reduce procedural obstacles, and enhance structures for integration and reception.If you or your clients are considering applying for a humanitarian visa, or are facing challenges in the process, our team is ready to provide specialized legal assistance, with experience in humanitarian visas, international protection, and migration policy. Contact us for efficient and human-centered support at every stage of the process.
André L. C. Delziovo
