In Brazil, the asylum mechanism is regulated by Law 9.474/1997, which establishes the procedures for the determination, cessation and loss of refugee status, the rights and duties of asylum seekers and refugees and the durable solutions for this population. The Brazilian Refugee Law considers a refugee as any individual that leaves his/her country of origin due to a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or due to a situation of grave and generalized human rights violation in his/her country of origin.

A person is considered to be persecuted when his/her human rights have been seriously violated or are at risk of violation. This might happen, for instance, when the person’s life, freedom and physical integrity is at serious risk in his/her country of origin.

All the asylum claims in Brazil are decided by the National Committee for Refugees (CONARE), a governmental body linked to the Ministry of Justice and constituted by representatives of the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Labor and Employment, Ministry of Health, Ministry of Education, Department of Federal Police and civil society organizations dedicated to the assistance, local integration and protection of refugees in Brazil. UNHCR and the Federal Public Defender’s Office have a seat at CONARE with the right to speak, but no right to vote.