Over the course of the pandemic, a policy coordinated between the Chief of Staff and the Ministry of Justice and Public Security, the Ministry of Health and the Ministry of Infrastructure led to the publication of several decrees with identical content violating the right to migrate and seek asylum, in what was a veritable assault on national laws, the Constitution and international treaties signed by Brazil.
The decrees were also blatantly discriminatory against migrants from Venezuela. These migrants represent the largest inflow to Brazil, which recognizes them as victims of serious and widespread human rights violations.
One of these decrees is no. 225/2020. In a Public Civil Action submitted to the Federal Courts of Rio Grande do Sul, the Federal Public Defender’s Office demanded the suspension of specific provisions of the text published by the federal government. The goal was to guarantee the rights of tens of millions of people who want to enter the country, whether as tourists, migrants or asylum seekers.
Conectas and Caritas Archdiocese of São Paulo filed a request for amicus curiae status in the case, but it was not granted. In their request, the organizations stated that Decree 225 violates several fundamental principles, both formally (by overstepping the bounds of the federal government) and materially (by restricting fundamental rights guaranteed in hierarchically superior statutes, including the Constitution and international treaties signed by Brazil).
The case was dismissed in the trial court ruling. The Federal Public Defender’s Office appealed the decision and is awaiting the appeal to be judged by the Federal Appeals Court of the 4th Region (TRF-4).
- Case: ACP 5031124-06.2020.4.04.7100
- Court: 3rd Federal Court of Porto Alegre
- Status: The case was dismissed in the trial court ruling. The Public Defender’s Office appealed the decision and is awaiting judgment by the TRF-4.
- 5/27/20: Initial petition
- 5/31/20: Request for admission of the organizations as amicus curiae