Brazil

No Data

Immigration detainees

Not Available

Detained children

2017

11,327

Refugees

2018

212,600,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

19 May 2020

A Queue of People Forms at an MSF Clinic Where Staff Evaluate and Screen Homeless People for Covid-19 in Sao Paulo, (Médecins Sans Frontières,
A Queue of People Forms at an MSF Clinic Where Staff Evaluate and Screen Homeless People for Covid-19 in Sao Paulo, (Médecins Sans Frontières, "MSF Provides Care to Vulnerable People During Covid-19 Response in Brazil," 22 April 2020, https://www.msf.org/providing-care-vulnerable-people-during-covid-19-brazil)

Brazil has the most Covid-19 cases and deaths in South America, (241,080 cases and 16,122 deaths as of 18 May). However, the Bolsonaro government has been notoriously dismissive of the pandemic, with the president saying that “unemployment, hunger and misery will be the future of those who support the tyranny of total isolation.” On 23 April, when asked about the rapidly increasing numbers of Covid-19 cases by journalists, the President shrugged off the news by responding: “So what”?

On 31 March, Brazil suspended the entry of foreign nationals by air for 30 days in order to slow the spread of Covid-19. The ban does not apply to Brazilian nationals.

Médecins Sans Frontières (MSF) reports that it is working to assist migrants and asylum seekers in the country to respond to Covid-19 with teams working in São Paulo, Boa Vista and Rio de Janeiro. In Boa Vista, MSF is working with Venezuelan migrants and asylum seekers who live in precarious conditions, with little space and often without regular access to water. Ana de Lemos, executive director of MSF-Brazil said, “At times like this, it is crucial to have a clear orientation, but unfortunately we have witnessed the dissemination of contradictory guidelines that hinder compliance with the necessary measures.” In São Paulo, MSF began working with homeless people, migrants and refugees, drug users and the elderly given that these groups were already particularly vulnerable. MSF teams have been providing medical consultations for screening and detention of people with suspected cases of Covid-19 and referring patients in more serious conditions to hospitals.

UNHCR is also assisting Venezuelan refugees and migrants living in shelters in Manaus by distributing kits including thermometers, gloves and alcohol gel hand sanitiser. UNFPA also distributed 1,000 kits for migrant and refugee people in Roraima to help combat the spread of Covid-19. With these kits, UNFPA seeks to guarantee access to items such as soap, deodorant, toothbrushes, intimate pads and alcohol gel to vulnerable people.

On 11 May, it was reported that 35 percent of prisons in the state of Sao Paulo (62 out of 176 facilities) had confirmed or suspected Covid-19 cases. 79 detainees were placed in quarantine and 232 staff members were told to stay at home. There have been 13 confirmed deaths due to the virus (7 prisoners and 6 staff members). According to Prison Insider, no coordinated measures between the Ministry of Justice and prison authorities have been put in place to deal with the health crisis. Measures taken vary between facilities, especially depending on whether they are federal or local prisons. In federal prisons, the Ministry of Justice announced on 16 March, the suspension of visits for 15 days, while in state prisons, measures vary including the partial or total suspension of visits and informing prisoners of preventive measures to be adopted.

The GDP has nonetheless been unable to find reports indicating that authorities have adopted measures to assist any migrants in detention.


Last updated:

IMMIGRATION AND DETENTION-RELATED STATISTICS

Total number of detained minors
Not Available
2017
Criminal prison population
659,020
2017
548,003
2012
496,251
2010
422,590
2007
336,358
2004
233,859
2001
170,602
1997
148,760
1995
114,377
1992
Percentage of foreign prisoners
0.4
2014
0.7
2012
Prison population rate (per 100,000 of national population)
319
2017
274
2012
253
2010
220
2007
183
2005
133
2001
102
1997
92
1995
74
1992
Population
212,600,000
2020
207,848,000
2015
International migrants
713,600
2015
International migrants as a percentage of the population
0.3
2015
Refugees
11,327
2018
10,264
2017
9,634
2016
8,707
2015
7,490
2014
Ratio of refugees per 1000 inhabitants
0.05
2016
0.04
2014
Total number of new asylum applications
10,220
2016
8,950
2014
Stateless persons
0
2016
2
2015
Total number of immigration detainees by year
Number of immigration detainees on a given day
Top nationalities of detainees
Number of persons granted alternatives to immigration detention
Number of detained asylum seekers
Number of detained unaccompanied minors
Number of detained accompanied minors
Number of detained stateless persons
Number of apprehensions of non-citizens
Immigration detainees as a percentage of total international migrant population
Estimated total immigration detention capacity
Number of dedicated long-term immigration detention centres
Estimated capacity of dedicated long-term immigration detention centres
Number of dedicated medium-term immigration detention centres
Number of immigration offices
Number of transit facilities
Number of criminal facilities
Number of ad hoc facilities
Number of persons removed/returned (voluntary returns and deportations)
Number of deportations/forced returns only
Percentage of persons removed in relation to total number of people placed in removal procedures
Estimated number of undocumented migrants
Refugee recognition rate

SOCIO-ECONOMIC INDICATORS

Gross Domestic Product per capita (in USD)
11,384
2014
Remittances to the country
2,427,000
2015
Unemployment Rate
2014
Human Development Index Ranking (UNDP)
75 (High)
2015
Pew Global Attitudes Poll on Immigration
72
2007
Remittances from the country
Unemployment rate amongst migrants
Net official development assistance (ODA) (in millions USD)
Detention for deterrence
Immigration Index Score
World Bank Rule of Law Index
Domestic Opinion Polls on Immigration

DOMESTIC LAWS AND POLICIES

Legal tradition
Civil law
2017
Constitutional guarantees?
Core pieces of national legislation
Additional legislation
Regulations, standards, guidelines
Immigration-status-related grounds
Non-immigration-status-related grounds providing for administrative detention in immigration legislation.
Does the country provide specific criminal penalties for immigration-related violations?
Grounds for criminal immigration-related detention/incarceration and maximum potential duration of incarceration
Has the country decriminalized immigration-related violations?
Maximum length for administrative immigration detention in law.
Longest recorded instance of immigration detention.
Maximum length of time in custody prior to issuance of a detention order
Average length of detention
Maximum length of detention for asylum-seekers
Maximum length of detention for persons detained upon arrival at ports of entry
Provision of basic procedural standards
Types of non-custodial measures
Impact of alternatives
Is the detention of vulnerable persons provided in law? Are they detained in practice?
Mandatory detention
Expedited/fast track removal
Re-entry ban

INTERNATIONAL LAW

Individual complaints procedure
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 2009
2009
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2008
2008
CAT, declaration under article 22 of the Convention 2006
2006
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2002
2002
ICERD, declaration under article 14 of the Convention 2002
2002
Ratio of complaints procedures accepted
Observation Date
5/8
5/8
Regional legal instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
ACHR, American Convention on Human Rights 1992
1992
IACPPT, Inter-American Convention to Prevent and Punish Torture 1989
1989
APACHR, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights 1996
1996
CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1995
1995
IACFDP, Inter-American convention on Forced Disappearance of Persons 2013
2013
Visits by special procedures of the Human Rights Council
Year of Visit
Observation Date
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance 1995
1995
2015
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 2000
2000
2015
Special Rapporteur on the sale of children, child prostitution and child pornography 2003
2003
2015
Special Rapporteur on extrajudicial, summary or arbitrary executions 2003
2003
2015
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance 2005
2005
2015
Special Rapporteur on extrajudicial, summary or arbitrary executions 2007
2007
2015
Working Group on arbitrary detention 2013
2013
2015
Special Rapporteur on contemporary forms of slavery 2010
2010
2015
Relevant recommendations of the UN Universal Periodic Review
Observation Date
No 2008
2017
No 2017
2017
No 2012
Ratio of relevant international treaties ratified
International treaty reservations
Treaty bodies decisions on individual complaints
Relevant recommendations issued by treaty bodies
Regional treaty reservations
Regional judicial decisions on individual complaints
Recommendations issued by regional human rights mechanisms
Bilateral/multilateral agreements linked to readmission
Relevant recommendations by UN Special Procedures

INSTITUTIONAL INDICATORS

Federal or centralized governing system
Centralized or decentralized immigration authority
Custodial authority
Apprehending authorities
Detention Facility Management
Formally designated detention estate?
Types of detention facilities used in practice
Authorized monitoring institutions
Is the national human rights institution (NHRI) recognized as independent?
Does NHRI carry out visits?
Does NHRI have capacity to receive complaints?
Does NHRI publicly release reports on immigration detention?
Does national preventive mechanism (NPM) carry out visits?
Does NPM have capacity to receive complaints?
Does NPM publicly release reports on immigration detention?
Do NGOs carry out visits?
NGO capacity to receive complaints?
Do NGOs publish reports on immigration detention?
Do parliamentary organs carry out visits?
Do parliamentary organs have capacity to receive complaints?
Do parliamentary organs publicly report on their detention findings?
Do internal inspection agencies (IIAs) carry out visits?
Do IIAs have capacity to receive complaints?
Do IIAs publicly report their findings from detention inspections?
Do international and/or regional bodies (IRBs) visit immigration-related detention facilities?
Do IRBs publicly report their findings from inspections?
Types of privatisation/outsourcing
Detention contractors and other non-state entities
Estimated annual budget for detention operations
Estimated annual budgets for particular detention-related activities
Estimated cost per detainees day (in USD)
Estimated annual budget for non-custodial measures (in USD)
Estimated costs of non-custodial measures (in USD)
Does the country receive external sources of funding?
Description of foreign assistance