About the Migration Governance Indicators
About the Migration Governance Indicators
Migrants' rights
Migrants' rights

Indicators in this domain assess the extent to which migrants have the same status as citizens in terms of access to basic social services such as health, education, and social security. It also describes the rights of migrants to family reunification, to work, and to residency and citizenship. The ratification of the main international conventions is also included within this domain.

Whole of government approach
Whole of government approach

Indicators in this domain assess countries’ institutional, legal, and regulatory frameworks related to migration policies. Domain 2 also reviews the existence of national migration strategies that are in-line with development, as well as institutional transparency and coherence in relation to migration management. This domain also investigates the extent to which governments collect and use migration data.

Partnerships
Partnerships

This domain focuses on countries’ efforts to cooperate on migration-related issues with other states and with relevant non-governmental actors, including civil society organizations and the private sector. Cooperation can lead to improvements in governance by aligning and raising standards, increasing dialogue and providing structures to overcome challenges.

Well-being of migrants
Well-being of migrants

This domain includes indicators on countries’ policies for managing the socioeconomic well-being of migrants, through aspects such as the recognition of migrants’ educational and professional qualifications, provisions regulating student migration and the existence of bilateral labour agreements between countries. Indicators equally focus on policies and strategies related to diaspora engagement and migrant remittances.

Mobility dimensions of crises
Mobility dimensions of crises

This domain studies the type and level of preparedness of countries when they are faced with mobility dimensions of crises, linked to either disasters, the environment and/or conflict. The questions are used to identify the processes in place for nationals and non-nationals both during and after disasters, including whether humanitarian assistance is equally available to migrants as it is to citizens.

Safe, orderly and dignified migration
Safe, orderly and dignified migration

This domain analyses countries’ approach to migration management in terms of border control and enforcement policies, admission criteria for migrants, preparedness and resilience in the case of significant and unexpected migration flows, as well as the fight against trafficking in human beings and smuggling of migrants. It also assesses efforts and incentives to help integrate returning citizens.

Key findings
INTRODUCTION

This country snapshot describes examples of well-developed areas of The Federative Republic of Brazil’s (hereafter referred to as Brazil) migration governance structures and areas with potential for further development, as evaluated by the six domains of the Migration Governance Indicators (MGI). These address migrants’ rights, a “whole-of-government” approach, partnerships, socioeconomic well-being of migrants, the mobility dimensions of crises, and safe and orderly migration. 

Click the icons on the wheel to explore the key findings.

The Migration Governance Indicators (MGI) initiative is a policy-benchmarking programme led by the International Organization for Migration (IOM) and implemented with the support of the Economist Intelligence Unit.  

Key findings
MIGRANTS’ RIGHTS

Migration Governance: Examples of well-developed areas: 

  • In Brazil, rights to access healthcare services, education (both primary and higher education) and social security are universal and encompass all immigrants, regardless of migratory status.  

  • Brazil guarantees access for immigrants to social security benefits and to the labour market in a non-discriminatory way. The country has agreements in place for the portability of old-age pensions. 

  • Immigrants can apply for citizenship after four years of residence in the country, provided they fulfil certain requirements (civil capacity, knowledge of Portuguese and a clean criminal record). 

Areas with potential for further development:  

  • Only Brazilian citizens have the right to vote at the local level. The only exception is a convention between Brazil and Portugal, which allows Portuguese citizens who had residence permits for more than 5 years to request full political rights. 

  • Most public services are not able to assist immigrants that do not master the Portuguese language. 

  • The employment of immigrants by the federal public sector is not provided by law, except in the case of universities and other federal research institutions.

Key findings
WHOLE-OF-GOVERNMENT APPROACH 

Migration Governance: Examples of well-developed areas: 

  • Immigration and emigration are regulated by the new Migration Law (No 13,445/2017), which aggregates and reformulates previous legislation concerning migration policy and which was developed with a rights-based perspective. 

  • The Migration Law establishes the conditions and procedures for the entrance, stay and departure of non-nationals from Brazilian territory. It also outlines immigrants’ rights, types of visas (including humanitarian visas) and residence permits for different migrant types. 

  • The National Immigration Council (CNIg) is a platform for collaboration among various Ministries, employers’ associations and workers’ unions to discuss labour migration.  Academia, NGOs and international organisations also participate in the council as observers. 

Areas with potential for further development:  

  • The upcoming introduction of a “National Policy on Migration, Asylum and Statelessness” is a crucial step towards the improvement of governance among the diverse federative bodies and civil society actors involved in migration management.   

  • There is potential for the integration of the different databases that contain information about immigrants, in order to improve evidence availability.

Key findings
PARTNERSHIPS 

Migration Governance: Examples of well-developed areas: 

  • In Brazil civil society, the private sector and the diaspora, are engaged in agenda-setting and implementation of migration-related issues. 

  • Brazil is part of the South American Conference on Migration and of the Mercado Común del Sur (MERCOSUR). 

  • Bilaterally, the country has established consultation mechanisms that include discussions on migration with several countries, such as Angola, Canada, Chile, France, Japan, Mexico and the United States of America. 

Areas with potential for further development:  

  • Private sector participation in the area of immigrant integration could be further developed, since the absence of specific legislation regarding some areas of private engagement generates legal insecurity.

Key findings
WELL-BEING OF MIGRANTS

Migration Governance: Examples of well-developed areas:  

  • Brazil has several agreements related to labour migration with countries such as Canada, France, Germany, Italy, Japan, Norway, Spain and the United States of America.  

  • International students face no restrictions when applying for tertiary education in Brazil and tuition costs are the same as for national students. International students are also allowed to work and can change the student visa to a residence permit during or after course conclusion. 

  • Brazil provides reactive and proactive assistance to emigrant citizens regulated by Decree No 7,214/2010, formalized the Brazilian around the World Conferences and created Councils of Representatives of Brazilians Abroad. 

Areas with potential for further development:  

  • The process for revalidation of university and professional titles obtained abroad, either by non-nationals or by Brazilians, is costly and complicated, generating difficulties for immigrants and Brazilians who have studied abroad to work in their area of studies. 

  • The country has not yet developed measures to promote gender equality for migrants in the labour force. 

  • There are no proactive policies for promotion of ethical recruitment of immigrants prior to migration.

Key findings
MOBILITY DIMENSION OF CRISES

Migration Governance: Examples of well-developed areas: 

  • The Ministry of National Integration developed a national disaster and risk management plan that addresses issues such as the relocation of those displaced by disasters. 

  • The new Migration Law (No 13,445) addresses displacements caused by environmental disasters within the protection provided by visas for humanitarian reception.   

  • There are multiple regulations in place to respond to migratory flow as a consequence of crisis – for instance, temporary residence permits were recently issued for Venezuelans moving to Brazil. Moreover, the Ministry of Human Rights has a 24/7 service for reports and complaints related to human rights violations (called Disque 100). 

  • Emergency consular assistance is provided to Brazilian nationals living abroad 24/7 through the Consular Portal. 

Areas with potential for further development:  

  • Despite the existence of well-developed tools for reporting human rights violations, such as Disque 100, in the case of an emergency Brazil does not have communication channels dedicated to interacting with immigrants present in the country, considering language barriers or their specific needs. 

  • There is no specific plan or strategy yet that account for the immediate displacement impacts of disasters or that address migratory movements resulting from the adverse effects of climate change and environmental degradation.

Key findings
SAFE, ORDERLY AND DIGNIFIED MIGRATION 

Migration Governance: Examples of well-developed areas: 

  • The Brazilian Federal Police is in charge of integrated border control and security. Federal Police agents receive regular training on various areas, including migrant entry and foreign languages. 

  • The Consular Portal of the Ministry of Foreign Affairs provides information about all available visa options, conditions for residence, refugee and asylum status, and special provisions for citizens of MERCOSUR countries.  

  • The Ministry of Justice publishes yearly reports with human traffic statistics, including data on arrests, open cases, legal frameworks and the police response.  

  • Brazil’s humanitarian visa policies contribute to safe, orderly and dignified migration. 

Areas with potential for further development:  

  • Brazil does not have measures in place to attract Brazilian nationals living abroad or to facilitate their reintegration. However, the Ministry of Foreign Affairs has developed the Return Portal, which gathers useful information for this population. 

  • A recommendation would be that border officials should receive human rights and gender training.

2018 September

Migration Governance Snapshot: The Federative Republic of Brazil