Navigating Migration Policy in Brazil: Legal Reforms, Pandemic Responses, and Future Prospects

The present paper examines recent changes in migration policy in Brazil focusing on the process of enacting a new migration law, the Brazilian government's response to the COVID-19 pandemic, and how different sectors of Brazilian society reacted to such changes. Brazil's new migration law came into effect on November 20, 2017, marking the first major revision in 37 years since the old law was enacted under the military regime in 1980. The former legislation heavily focused on "security" with the goal of protecting Brazil's borders, restricting many rights of foreigners. In contrast, the new law emphasizes "human rights protection", including the protection of stateless persons and refugees. Discussions leading to the enactment of the new law began during President Dilma Rousseff's administration (January 2011 – August 2016). However, President Rousseff was impeached in 2016, and her successor, President Michel Temer (August 2016 – January 2019), exercised veto power to limit the scope and effectiveness of the law. Under President Jair Bolsonaro (January 2019 – January 2023), policies emphasizing the "securitization of migration" increased, with foreign nationals being portrayed negatively and narratives calling for stronger protection of national borders gaining prominence. Some of the regulations implemented by the Brazilian government during the COVID-19 pandemic were not necessarily intended to achieve public health goals. Instead, they reflect the administration’s intention to frame immigration as a security issue. However, entities within the justice system and civil society took decisive action to safeguard the rights of migrants and refugees. We focus our analysis on the role played by Public Defender’s Offices in their efforts to ensure access to justice for vulnerable citizens. We intend to highlight the specific dynamics of migration policy in Brazil and draw prospects for the new administration that came into power in 2023.