Do refúgio à acolhida humanitária: os efeitos da Lei de Migração de 2017 e a resposta brasileira à crise afegã

Abstract

This study aims to analyze Brazil’s Humanitarian Reception Policy, established by the Migration Law No. 13.445/2017, as a governmental instrument for recognizing immigrants as subjects of rights. The research begins with a historical overview of Brazilian migration legislation, from the Foreigners’ Statute and the Refugee Law to the current Migration Law, highlighting key changes and advancements in the legal treatment of individuals in international mobility. It then examines the concept of humanitarian reception, its legal foundations, and its impact on Brazil’s migratory dynamics, with emphasis on the humanitarian crisis in Afghanistan and the subsequent creation of the humanitarian visa for Afghan nationals. The analysis of reports by the IOM, interministerial ordinances, and the actions of civil society organizations reveals that, although Brazil adopts a humanitarian stance at the normative level, the practical implementation of this policy faces major limitations. Among them are the absence of a national policy for migrant integration, the reliance on civil society organizations for reception, and the lack of comprehensive public policies promoting social and economic inclusion. The study concludes that the humanitarian reception policy, while representing a significant legal and ethical achievement, will Only reach its full effectiveness when articulated with permanent and structured public policies, capable of ensuring real access to rights, autonomy, and dignified integration of migrants into Brazilian society