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About Asylum Law in Santa Isabel, Brazil

Asylum in Brazil is primarily governed at the federal level, not by each municipality. Santa Isabel, located in the state of São Paulo, follows the same national rules and procedures that apply across the country. Two legal frameworks are most relevant. Law 9.474 of 1997 establishes the refugee protection system handled by the National Committee for Refugees, known as CONARE, under the Ministry of Justice and Public Security. The Migration Law, Law 13.445 of 2017, sets general rules for the entry, stay, and rights of foreigners in Brazil. In everyday practice, most people who say asylum are seeking refugee status before CONARE.

Refugee status in Brazil can be granted to people who have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, and also to people who are fleeing serious and generalized violations of human rights. You can express an intention to seek asylum at any Federal Police immigration unit. After you start the process, you receive a protocol that proves you are an asylum seeker. While the case is pending, you have important rights, including the right to stay in Brazil, to work, to access the public health system, and to enroll children in school.

There is also a separate concept called political asylum under the Brazilian Constitution, which is rare and decided by the executive branch. Most protection cases use the refugee procedure with CONARE. People living in Santa Isabel usually interact with Federal Police and service providers in the Greater São Paulo area, such as Guarulhos or São Paulo city, for appointments and support.

Why You May Need a Lawyer

Many people navigate the asylum process without a private lawyer, especially with help from nonprofits or the Public Defender. However, legal counsel can be crucial in several situations. If your story involves complex facts, past detention, or harm by non-state actors, a lawyer can help organize evidence and legal arguments. If you lack documents to prove identity or persecution, counsel can help build an alternative evidentiary record, including affidavits and country reports. If you received a notification from CONARE that you do not understand or you missed a deadline, a lawyer can advise on how to correct or appeal.

People who fear removal from Brazil, are detained at a border or airport, or have urgent safety risks should seek legal help immediately. If you need to reunite with family members or add dependents to your case, professional guidance helps avoid mistakes. If you are deciding between applying for refugee status or another status such as humanitarian residence, a lawyer can compare options. Survivors of gender-based violence or LGBTQI people may benefit from trauma-informed representation. Unaccompanied or separated children should have prompt legal support and child protection services.

Local Laws Overview

Federal rules control the asylum process in Santa Isabel. To start, you can declare your intention to seek asylum to the Federal Police. Brazil uses a digital platform called SISCONARE for refugee claims. After you register your claim and complete the required forms, you will attend a formalization appointment at the Federal Police. You will receive a protocol that confirms your status as an asylum seeker. With this protocol and a CPF tax number, you can work. The labor card is now digital and linked to your CPF.

Rights of asylum seekers include non-refoulement, which means you cannot be returned to a country where your life or freedom would be threatened, freedom of movement within Brazil, access to public health care through SUS, education for children, and access to social assistance subject to eligibility. You must keep your contact information current and appear for interviews or document renewals when requested. The protocol must be renewed before it expires. You must inform the authorities of any change of address within the time limits that apply under migration rules.

CONARE interviews are confidential. If refugee status is granted, you can receive a National Migration Registration Card, known as CRNM, and later request a travel document for refugees. If your case is denied, you generally have the right to appeal to the Minister of Justice within a short deadline. Legal timelines and document validity rules can change, so it is wise to confirm current procedures before each step.

Frequently Asked Questions

Who can apply for asylum or refugee status in Brazil

Anyone who is outside their country of nationality or habitual residence and has a well-founded fear of persecution for protected reasons, or who fled serious and generalized human rights violations, can apply. You do not need a visa to ask for protection, and irregular entry by itself does not block an asylum claim.

How do I start an asylum request if I live in Santa Isabel

Start by registering your claim in SISCONARE and scheduling a formalization appointment with the Federal Police at an immigration unit in the Greater São Paulo region. On the day, bring any identity document you have. If you have none, inform the officers and proceed with your testimony. Ask for your protocol and keep it safe.

What documents should I bring if I have very little proof

Bring any identity document, travel document, or proof of nationality. If you have none, bring anything that can help, such as photos, correspondence, medical records, police reports, or witness contacts. Detailed and consistent testimony is very important, and country information about risks in your home region can support your claim.

Can I work while my case is pending

Yes. With your asylum protocol and CPF tax number, you can work legally. The labor card is digital and linked to your CPF. You can also open a bank account and access worker protections under Brazilian labor law.

How long does the asylum process take

Timeframes vary based on case complexity and workload. Many cases take months or longer. While you wait, renew your protocol on time, respond to messages in SISCONARE, and attend your interview when scheduled.

What if I entered Brazil irregularly or overstayed my visa

Brazilian law does not penalize asylum seekers solely for irregular entry or overstay when they present themselves to authorities. You should express your intention to seek asylum as soon as possible and follow all instructions. If you receive a fine or removal notice, seek legal help immediately.

Can my family be included in my case

Spouses, partners, minor children, and other dependents may be included or may qualify for family reunification. Procedures differ depending on whether they are in Brazil or abroad. It is best to seek guidance to avoid delays and to ensure each person receives proper documentation.

What happens at the asylum interview

You will be asked detailed questions about your identity, travel route, reasons you fled, and any harm suffered or feared. The interview is confidential. You can present evidence and explain inconsistencies. If you need language interpretation, request it. If you have experienced trauma, you can ask for reasonable accommodations.

Can I travel outside Brazil while my case is pending

International travel is restricted while your application is under analysis. If you leave Brazil on a passport from your country of origin or seek that country’s protection, it may harm your case. After recognition as a refugee, you can request a refugee travel document and follow the applicable rules.

What if my claim is denied

You generally have a short deadline to appeal to the Minister of Justice. During the appeal, you may keep rights linked to your protocol. If the denial becomes final, consult a lawyer about other options, such as humanitarian residence, complementary protection, or other migration categories.

Additional Resources

Comitê Nacional para os Refugiados CONARE at the Ministry of Justice and Public Security handles refugee status decisions and manages SISCONARE.

Polícia Federal Immigration Units receive asylum requests, issue and renew protocols, and later issue CRNM and travel documents.

Defensoria Pública da União DPU provides free legal assistance in migration and refugee matters, including representation in appeals and protection of rights.

ACNUR Brasil the UN Refugee Agency supports the asylum system, offers information for applicants, and coordinates with government and civil society.

Organização Internacional para as Migrações OIM offers orientation, documentation support projects, and assistance to vulnerable migrants and asylum seekers.

Cáritas Arquidiocesana de São Paulo and other civil society organizations in the São Paulo region provide legal orientation, social assistance, Portuguese classes, and job placement support.

Prefeitura de Santa Isabel Social Assistance Network CRAS and CREAS units can provide social services, referrals, and support for vulnerable families, including migrants and asylum seekers.

Conselho Tutelar child protection authorities can assist unaccompanied or separated children and ensure access to services.

Next Steps

Write a short timeline of your story and collect any documents that support your identity and your fear of return. Create your SISCONARE account and complete the forms carefully, then schedule and attend your Federal Police appointment in the Greater São Paulo area. Ask for your protocol and keep multiple copies. Apply for your CPF and set up your digital labor card so you can work. Enroll in the SUS health system and, if needed, contact the municipal social assistance network in Santa Isabel for support.

Check SISCONARE regularly and keep your phone, email, and address up to date. Renew your protocol before it expires. Prepare for your interview by reviewing your narrative and organizing evidence. If you receive any notice that you do not understand, or if you face urgent risks such as detention or a removal order, contact the Defensoria Pública da União or a qualified lawyer immediately. If you prefer to proceed with nonprofit assistance, reach out to organizations in the São Paulo region experienced in refugee support.

Laws and procedures can change. Before each step, confirm current requirements with the Federal Police, CONARE, or a legal professional. With timely action and the right guidance, you can protect your rights and move your case forward in Santa Isabel and throughout Brazil.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.