Illustration about Refugee Status in Brazil: Rights, Process, and Protection
Immigration — Refugee 15 min read

Refugee Status in Brazil: Rights, Process, and Protection

By Zachariah Zagol Attorney — OAB/SP 351.356

Quick Answer

Brazil is internationally recognized for its advanced refugee protection legislation. Law 9.474/97 establishes the refugee recognition process through CONARE (National Committee for Refugees), guaranteeing fundamental rights including work, education, healthcare, and family reunification. Applications can be made at any entry point into Brazilian territory, and applicants receive legal protection from the moment of application. Learn more about our family law services.

If you are seeking refugee protection in Brazil or need legal assistance with this process, our immigration team offers specialized guidance.


Brazil has one of the world’s most advanced legal frameworks for refugee protection. Law 9.474/97 (Refugee Statute) implements obligations assumed under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol.

Expanded refugee definition

Brazilian legislation adopts a broader refugee definition than the 1951 Convention. Under Article 1 of Law 9.474/97, refugee status is recognized for anyone who:

  1. Individual persecution — Suffers persecution based on race, religion, nationality, social group, or political opinion and cannot or does not wish to return to their country of origin
  2. Statelessness — Has no nationality and is outside their country of habitual residence, unable to return due to persecution
  3. Grave human rights violations — Flees a situation of grave and generalized human rights violations in their country of origin

This third category is a Brazilian innovation inspired by the 1984 Cartagena Declaration and represents a significant advancement compared to legislation in many developed countries.

CONARE: Structure and Operation

The National Committee for Refugees (CONARE) is the body responsible for reviewing and deciding refugee applications in Brazil. Under the Ministry of Justice and Public Security, CONARE is composed of:

  • Representatives from the Ministry of Justice (chair)
  • Representatives from the Ministry of Foreign Affairs
  • Representatives from the Ministry of Health
  • Representatives from the Ministry of Education
  • Representatives from the Ministry of Labor
  • A Federal Police representative
  • A representative from a civil society organization dedicated to refugees
  • UNHCR (United Nations High Commissioner for Refugees) — with voice but no vote

CONARE competencies

  • Review and decide on refugee status recognition applications
  • Declare cessation of refugee status
  • Determine loss of refugee status
  • Guide and coordinate actions necessary for refugee protection and assistance
  • Approve complementary normative instructions

Who Can Apply for Refugee Status in Brazil

Eligibility criteria

To apply for refugee status in Brazil, a foreign national must demonstrate:

  • Well-founded fear of persecution in their country of origin for one of the legally prescribed reasons
  • Inability to receive protection from the state of origin
  • Presence on Brazilian territory or at a national border
  • Not falling under exclusion clauses (war crimes, crimes against humanity, serious common crimes)

Frequently recognized groups

CONARE has recognized refugees from various regions:

RegionMain NationalitiesPredominant Reasons
AfricaCongo, Angola, Nigeria, SomaliaArmed conflicts, ethnic persecution
Middle EastSyria, Iraq, PalestineCivil war, religious persecution
Latin AmericaVenezuela, Colombia, CubaHumanitarian crisis, political persecution
AsiaAfghanistan, Myanmar, PakistanConflicts, religious/ethnic persecution

Special cases

  • Unaccompanied minors — Receive special protection and state guardianship
  • Human trafficking victims — May apply for refugee status cumulatively
  • Gender-based persecution — Recognized as grounds for social persecution
  • Sexual orientation persecution — Classified as a specific social group

Refugee Application Process

Step 1: Declaration of intent

Foreign nationals can declare their intention to seek refugee status:

  • At land borders, at immigration control posts
  • At airports and ports, upon arrival in Brazil
  • At any Federal Police unit within national territory
  • Through accredited civil society organizations

The application is a right, and no public agent may prevent or hinder its submission. The principle of non-refoulement guarantees that the applicant will not be deported while the request is under review.

Step 2: Provisional protocol

After declaring intent, the applicant receives a provisional protocol that:

  • Functions as temporary identification
  • Enables obtaining a CPF and Work Card (CTPS)
  • Guarantees access to public healthcare, education, and social assistance
  • Has renewable validity until CONARE’s final decision
  • Prevents any deportation or expulsion measures

Step 3: Personal interview

The applicant is summoned for a personal interview with a CONARE officer. During this stage:

  • They provide a detailed account of reasons for persecution or flight
  • Present available evidence and documents (not mandatory)
  • May be accompanied by a lawyer or legal representative
  • The interview is confidential and conducted in a private setting
  • An interpreter is provided free of charge when needed

Step 4: CONARE review (12-24 months)

CONARE reviews the application based on:

  • The applicant’s account and credibility of information
  • Country of Origin Information (COI)
  • UNHCR technical opinion
  • Documentation presented
  • Geopolitical context and human rights situation in the country of origin

Step 5: Decision

CONARE issues a decision in plenary session:

  • Approval — The applicant is recognized as a refugee and receives the RNE (National Foreigner Registration)
  • Denial — The applicant may appeal to the Minister of Justice within 15 days

Refugee Rights in Brazil

Guaranteed fundamental rights

Recognized refugees in Brazil enjoy the following rights:

  1. Right to work — May engage in any paid activity, formal or informal, without restriction
  2. Right to education — Access to all levels of public education, including federal universities
  3. Right to healthcare — Comprehensive care through the SUS (Unified Health System)
  4. Right to housing — Access to government housing programs
  5. Right to documentation — RNE, CPF, Work Card, and other documents
  6. Right to freedom of movement — Free movement within national territory
  7. Right to family reunification — Ability to bring family members to Brazil
  8. Right to naturalization — After 4 years of residence, may apply for Brazilian citizenship (reduced period compared to the standard for refugees)

Available documentation

DocumentPurposeTimeframe
Provisional protocolIdentification while awaiting decisionImmediate
CPFTax identification15-30 days
CTPSFormal employment15-30 days
RNE/CRNMPermanent identificationAfter recognition
Travel documentInternational travelUpon request

Family Reunification

One of the most important refugee rights is family reunification. The process allows recognized refugees to bring to Brazil:

Eligible family members

  • Spouse or civil union partner
  • Minor children under 18 (unmarried)
  • Ascendants (parents) who are dependents
  • Other legal dependents with proven status
  • Adult children in special circumstances (disability, economic dependence)

Reunification process

  1. The recognized refugee submits a request to CONARE
  2. Proves family ties through documents (certificates, photos, declarations)
  3. CONARE verifies documentation and issues authorization
  4. The Brazilian embassy or consulate issues visas for family members
  5. Family members enter Brazil and receive the same rights as the refugee

Timelines

The family reunification process takes an average of 6 to 12 months, potentially faster in proven emergency situations (unaccompanied minors, imminent risk).

Integration: Work, Education, and Healthcare

Labor market

Refugees have full access to the Brazilian labor market:

  • May be hired by any company with formal employment registration
  • May work as self-employed or open a business
  • Have labor rights identical to Brazilian citizens (CLT)
  • May validate diplomas and practice regulated professions
  • Access government professional qualification programs

Education

The Brazilian educational system is accessible to refugees:

  • Enrollment in public schools at all levels (primary, secondary, higher education)
  • Special university slots for refugees at federal institutions
  • Foreign diploma revalidation programs
  • Portuguese language courses offered by partner institutions
  • Scholarships through specific programs (PARES — Refugee Relocation Support Program)

Healthcare

Access to the SUS is universal and free:

  • Care at basic health units (UBS)
  • Emergency and urgent care
  • Hospital admissions
  • Medications through the Popular Pharmacy program
  • Psychological and psychiatric care (especially important for refugees with trauma)
  • Complete vaccination per the national schedule

Cessation and Revocation of Refugee Status

Cessation scenarios

Refugee status may cease when:

  1. The refugee voluntarily avails themselves of the protection of their country of origin
  2. Recovers previously lost nationality
  3. Acquires new nationality and enjoys that country’s protection
  4. Voluntarily returns to the country of origin
  5. Circumstances that justified recognition cease to exist

Revocation scenarios

Refugee status may be revoked if:

  • The refugee obtained recognition through fraud
  • Committed crimes against humanity, war crimes, or serious common crimes before being recognized as a refugee
  • Engaged in activities contrary to national security

In all cases, the decision rests with CONARE, with the right to full defense and due process.

Refugee Numbers in Brazil

Brazil is the largest receiver of refugees and asylum seekers in Latin America:

  • More than 65,000 recognized refugees (2025 data)
  • Approximately 250,000 applications under review
  • Main nationalities: Venezuelans, Syrians, Congolese, Angolans, and Colombians
  • Average recognition rate: 35-40%
  • São Paulo is the state with the highest concentration of refugees

Support Organizations

Several organizations offer support to refugees in Brazil:

  • UNHCR — International protection and integration programs
  • Cáritas Brasileira — Legal and social assistance
  • IMDH (Institute for Migration and Human Rights) — Legal support and reception
  • ADUS (Refugee Reintegration Institute) — Integration and professional qualification
  • Missão Paz — Reception and documentation in São Paulo
  • Public Defender’s Office — Free legal assistance

How ZS Advogados Can Help

Our visas and immigration team offers specialized legal assistance for refugees and asylum seekers:

  • Eligibility guidance and rights orientation
  • Interview preparation for CONARE
  • Legal support throughout the entire process
  • Appeals against denial decisions
  • Family reunification applications
  • Integration advisory (documentation, work, education)
  • Defense in cessation or revocation proceedings

Contact us for legal guidance on your case.


This article is for informational purposes and does not replace individualized legal advice. Refugee legislation is subject to change. Last updated: May 2026.

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