Migration, Visas and Residence of Foreigners to Brazil /

27 de march de 2026

Foreigners in Brazil: legal advice for those who want to live in the country

Brazil is becoming an increasingly ideal destination for foreigners, whether for tourism, study, work, or even permanent residency.

Contributor: Mariana Cruz de Lemos

It’s important that foreigners have access to clear and accurate information about their rights. In this text, you will understand some of the main rights of foreigners in Brazil and the laws and regulations governing immigration in the country.

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What is the Foreigner’s Law?

Currently, the law that regulates the rights and duties of foreigners, both visitors and residents, is Law No. 13,445, of May 24, 2017, known as the “Migration Law“. Law 9,474, of July 22, 1997, deals specifically with refugees.

What rights are provided by law to foreigners residing in Brazil?

Foreigners residing in Brazil enjoy all the rights recognized to Brazilians, under the terms of the laws and Article 5 of the Federal Constitution:

Article 5. All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and property (…).

In addition, according to the Migration Law, the following are also guaranteed:

I – civil, social, cultural and economic rights and freedoms;

II – Right to freedom of movement within the national territory;

III – Right to family reunification of the migrant with their spouse or partner and their children, relatives and dependents;

IV – Protection measures for victims and witnesses of crimes and violations of rights;

V – Right to transfer resources derived from their income and personal savings to another country, in accordance with applicable legislation;

VI – Right to assembly for peaceful purposes;

VII – Right of association, including trade union association, for lawful purposes;

VIII – Access to public health and social assistance services and social security, in accordance with the law, without discrimination based on nationality and immigration status;

IX – Broad access to justice and free comprehensive legal assistance for those who prove insufficient resources;

X – Right to public education, with discrimination based on nationality and immigration status prohibited;

XI – guarantee of compliance with legal and contractual labor obligations and the application of worker protection standards, without discrimination based on nationality or immigration status;

XII – exemption from the fees referred to in this Law, upon declaration of economic hardship, as regulated;

XIII – right of access to information and guarantee of confidentiality regarding the migrant’s personal data, in accordance with Law No. 12,527, of November 18, 2011;

XIV – right to open a bank account;

XV – right to leave, remain in, and re-enter national territory, even while a request for a residence permit, extension of stay, or transformation of a visa into a residence permit is pending; and

XVI – the immigrant’s right to be informed about the guarantees assured to them for the purposes of immigration regularization.

It’s worth remembering that these rights are not exhaustive; that is, foreigners may acquire other rights in the future.

What are the rights of non-resident foreigners in Brazil?

Although the Federal Constitution only mentions foreigners residing in the country, non-resident foreigners who are in Brazilian territory, in principle, possess the same rights mentioned above.

It’s important to note that some rights may vary according to the nationality and situation of each individual, such as foreigners whose countries of origin are part of Mercosur, for example. Therefore, it is recommended that foreigners seek legal assistance tailored to their specific situation.

Do foreigners have the right to public health and education in Brazil?

Yes, as mentioned, foreigners have the right to receive medical and hospital care in Brazil through the Unified Health System (SUS), regardless of whether they are residents or not.

Regarding education, foreigners residing in Brazil have the right to enroll in public schools and universities, provided they meet the admission requirements, which includes a visa or residence permit.

Non-resident foreigners with a valid tourist visa can take short courses related to areas such as culture, sports, and leisure. However, foreigners should pay attention to the specifics of each course and obtain accurate information about the type of visa required and the specific requirements for their situation.

Can foreigners enroll in the Brazilian social security system?

Yes, they can. Brazil even has International Social Security Agreements with several countries to ensure that both the social security rights provided for in Brazilian legislation and the legislation of the foreigner’s country of origin are respected.

What are the main limitations for foreigners in Brazil?

There is a list of activities that are exclusive to native-born Brazilians in Brazil; that is, even naturalized foreigners cannot practice them. These include:

President of the Republic;
Vice-President of the Republic;
President of the Chamber of Deputies;
President of the Federal Senate;
Minister of the Supreme Federal Court; Diplomatic Career;
Officer of the Armed Forces;
and Minister of State for Defense.

What types of visas are granted to foreigners in Brazil?

In short, the types of visas provided for by the New Migration Law are: Visit; Investment; Family Reunification; Digital Nomad; Courtesy; Official and Diplomatic Visits.

A visa is a document issued by the Brazilian Government that authorizes the entry of foreigners into Brazil. Once granted, it has an expiration date, meaning the foreigner’s stay in the country will be temporary.

It’s important that the foreigner clearly identifies the reason for their trip to Brazil so that they can apply for the correct type of visa and remain legally in the country.

How can a foreigner establish residency in Brazil?

Although visas are temporary, there is a type of “permanent visa” called an indefinite-term residence permit.

A residence permit can be granted to a foreigner who wishes to reside permanently in Brazil, provided they have a justification foreseen in Brazilian law. Some of the reasons include: medical treatment; humanitarian reception; study; work; religious activity or volunteer service; family reunification.

To obtain a residence permit, the foreigner must present documents justifying their stay in the country. The required documentation varies according to the reason the foreigner wishes to reside in the country.

What are the ways a foreigner can leave the territory of the State?

Besides leaving the State voluntarily, there are three forms of compulsory departure: repatriation, deportation, and expulsion.

Repatriation is the voluntary return of a foreigner to their country of origin, usually in cases of emergency or calamity. It is not a punishment.

Deportation is the compulsory removal of a foreigner from the country for reasons stipulated by law, such as committing crimes or violating immigration regulations. It may be accompanied by other measures, such as a ban on entry into the country for a specific period.

Expulsion is the most serious of the three forms of removing a foreigner from the country and can only be applied in cases of extreme gravity, such as the commission of heinous crimes or a threat to national security. It may be accompanied by other measures, such as the loss of a residence visa in the country.

Is it possible for a foreigner to become a naturalized Brazilian citizen?

Yes, it is possible for a foreigner to become a naturalized Brazilian citizen, that is, to choose to acquire Brazilian nationality.

Whether or not the foreigner will lose the nationality of their country of origin upon becoming a naturalized Brazilian citizen depends on the legislation of their country of birth.

According to Article 64 of the Migration Law, there are four types of Brazilian naturalization: ordinary; extraordinary; special; and provisional. Each requires fulfilling different requirements, and the application for Brazilian naturalization must be submitted to the Federal Police, and then to the Public Prosecutor’s Office.

Considering the various requirements for granting Brazilian naturalization, it is advisable that interested foreigners seek a qualified lawyer to assist them throughout the process, providing the best legal advice and avoiding potential complications.