Brazilian Desk: Brazil’s New Immigration Law (2017)

New philosophy

Brazil has profoundly changed the conditions for granting residence visas with its new immigration law, Law 13445, of May 24, 2017. This law replaces a 1980 law, with a very different philosophy. Until 2017, the principles that guided immigration regulations were those of national security. The philosophy of the 2017 law is that of humanitarian principles. Thus, concretely, since 2017 the regulations facilitate the obtaining of the residence visa in Brazil. In the first place, new grounds for granting visas have been created, such as the visa through the acquisition of real estate; and the Digital Nomad visa. Moreover, the new law allows the obtaining of residence visa to any foreigner who is already physically present in Brazil, even in an illegal situation. Before the new law, it was necessary to collect the visa at the Brazilian Consulate in the country of origin of the immigrant.

The Visa of Nomad Digital

The latest regulation on residence visas in Brazil is Normative Resolution n. 45 of 24.01.2022, of the National Immigration Council of Brazil, which organizes the granting of residence visas in Brazil for digital nomads.

Digital Nomad means “any immigrant who, remotely and with the use of information and communication technology, is able to carry out his professional activities in Brazil for an employer located outside Brazil” (Art. 1 §º 1).

The maximum duration of the visa is one year, renewable, knowing that it is possible to apply already on the territory of Brazil.

To obtain the visa, several documents and information must be provided, including (i) the employment contract attesting the employment relationship with a foreign employer; (ii) the demonstration that services can be provided remotely using information and communication technology; (iii) a minimum monthly income of the equivalent to 1,800.00USD, earned abroad, or a minimum bank deposit abroad of the equivalent to 18,000.00USD.

Law 14.460 of 25.10.22 transforms the Brazilian National Data Protection Agency – ANPD into an independent authority.

The Brazilian National Data Protection Agency – ANPD was created by Law 13.709 of 14.08.2018, known as the General Data Protection Law – LGPD, as an organ of direct public administration, attached to the Presidency of the Republic.

With Law 14.460 of 25.10.22, the ANPD becomes a decentralized administration, autonomous from the direct administration.

However, the law is not very clear on its patrimonial autonomy, indicating only that its assets will come from property and rights transferred by the Presidency of the Republic or acquired or incorporated by the ANPD itself, knowing that the fines applying to any transgressor will not be part of it.

With this transformation, we can hope that the European data protection authorities will recognize Brazil as a suitable country, which is not yet the case.