The Brazilian Refugee Law considers as a refugee every person who leaves his/her country of origin because of well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, or due to a situation of grave and widespread human rights violation in his/her country of origin. This can happen, for example, when the person’s life, liberty or physical integrity is at serious risk in his/her country. In Brazil, the refuge mechanism is regulated by Law 9.474 of 1997, which establishes the procedure for the determination, suspension or loss of refugee status, the rights and duties of asylum seekers and refugees, and durable solutions for that population.

In order to be recognized as a refugee by the Brazilian government, one needs to claim asylum, becoming an asylum seeker. Asylum seekers have the right to have an ID document (Provisional Protocol), to work (Carteira de Trabalho), and to remain in the country until a final decision on the asylum procedure is reached.