Brazil Introduces New National Policy on Migration, Asylum & Statelessness

Brazil has implemented Decree No. 12,657/2025, which creates a National Policy on Migration, Asylum, and Statelessness. This updated framework revises the management of migration, technical assistance, and visitor authorizations. Understand the main transformations, obstacles, and the actions organizations and individuals should take moving forward.

Overview

On October 8, 2025, Brazil officially released Decree No. 12,657/2025, which sets forth the National Policy on Migration, Asylum, and Statelessness, and alters sections of the previous regulatory framework, Decree No. 9,199/2017, which regulates the Migration Law (Law No. 13,445/2017)

This new decree aims to unify and enhance Brazil’s strategy by establishing the principles, goals, and coordination methods among federal entities managing immigration, asylum procedures, and statelessness. It additionally presents modifications, including allowances for technical collaboration under a visitor visa in specific situations.

Key Elements of the New Policy

Some of the main features and changes introduced include:

• Formalized institutional coordination: The decree lays out the roles of the Federal Executive Committee (for intra-government coordination) and the National Migration Council (for social oversight and inter-federative coordination)
• Guiding principles and objectives: The new decree sets forward principles for public policy in migration, asylum, and statelessness, emphasizing human rights, inclusion, coordination, transparency, and oversight
• Monitoring & oversight mechanisms: New structures are established for monitoring implementation, oversight, and ensuring inter-agency alignment

Challenges & Considerations

Even with the promise of more clarity and coordination, the rollout of this new framework will likely bring hurdles, such as:

• Interpretation ambiguity: Some provisions may require detailed regulations or guidance to clarify how they will apply in real-world cases.
• Transition period issues: Stakeholders (employers, institutions, foreign nationals) may face uncertainty or delays as old rules are phased out, and new ones take effect.
• Visa/permit adaptation: Entities engaged in technical, or service agreements might need to revisit their visa strategies considering the new visitor visa allowance.
• Administrative capacity: Government agencies will need to adapt systems, personnel, and processes to monitor, implement, and enforce the new policy effectively.

What This Means for Organizations & Individuals

Organizations, businesses, and foreign nationals with ties to Brazil — especially those engaged in technical cooperation, service agreements, or requiring mobility — should consider the following actions:

• Assess current agreements and contracts: Check if existing technical assistance or cooperation arrangements can be adjusted under the new visitor visa provisions.
• Monitor regulatory guidelines: Watch for subsequent rules or administrative orders that flesh out the doctrine’s application and requirements.
• Engage legal and immigration counsel: Seek advice to ensure compliance with new standards and to navigate the transition.
• Prepare internal processes: For institutions operating across borders, update compliance, visa planning, and mobility policies to align with the new decree.

Final Takeaway
Brazil's implementation of a cohesive National Policy on Migration, Asylum, and Statelessness indicates a more organized and rights-focused strategy for managing immigration. Although challenges and interpretive discrepancies may arise, the revised framework provides additional flexibility (like for technical cooperation via a visitor visa) and improved institutional supervision.
For international employees, companies, and organizations engaging with Brazil, prompt focus and foresight in planning will be essential to capitalize on new opportunities and manage compliance risks effectively.

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