According to data from the IBGE (Brazilian Institute of Geography and Statistics), about 500,000 Ukrainians and their descendants live in Brazilian lands, which represents the fourth largest community in the world.
In an official note sent to its sister city in Ukraine, Ternópil, the municipality of Prudentópolis (PR), which is home to one of the largest communities of Ukrainian descendants outside Ukraine, said that it is ready to provide help in whatever it takes: “Prudentópolis continues with the doors and with an open heart to the Ukrainian people”. In 2021, the Ukrainian language was made official as co-official in the territory of the municipality.
It is evident that, due to the distance, Brazil will hardly be the first reception option for Ukrainians fleeing the country, a displacement that occurs, today, exclusively through the land border, reaching an amount of 500 thousand refugees who crossed the borders with Poland, Hungary , Romania and Moldova in the last four days, according to the UNHCR (UN High Commissioner for Refugees).
It is still too early to make any statement about the consequences of the war initiated by Russia, but, in view of the large community residing in Brazil, there are considerable chances that the flow of forced displaced persons from Ukraine will establish some route to our country.
At first glance, there are some migratory possibilities for Ukrainians in Brazil, but it is urgent to open the debate on a new humanitarian reception visa for Ukrainians, both as a migration policy and as a reinforcement of the Brazilian diplomatic position in repudiation of the Russian onslaught.
The context of armed conflict is characteristic of the humanitarian reception visa, which makes this option a necessary and urgent initiative of the Brazilian government. The regulation of humanitarian reception visas, an innovation introduced by the Migration Law since November 2017, depends exclusively on an act of the Executive Branch, and so far they have been established for only three countries: Haiti, Syria and Afghanistan.
Documentary flexibilities, such as the possibility of boarding without a valid passport or even without a travel document, meet the demands of a situation of armed conflict, so that the humanitarian reception visa for people affected by the war in Ukraine would serve not only to meet to the demand for a visa with more flexibility, but also to firmly signal, in line with the Brazilian position in the UN Security Council, opposition to the war initiated by Russia and solidarity with the affected Ukrainians.
Despite the vote against Russia in the Security Council, so far there has been no strong position by the Brazilian Head of State condemning the war, in disagreement with other Latin American leaders. Thus, the question remains: what are the alternatives today for Ukrainians who wish to arrive in Brazil and find welcome from their community that lives here and from the Brazilian people?
At the outset, it is important to remember that the asylum request is only a possibility after arriving on Brazilian soil. Before that, the key question is: what kind of visa can Ukrainians use to embark on a trip to Brazil?
We can speak of three main types of visas for the coming of Ukrainians at the moment, two that already exist and another that depends on the regulation and political will of the Brazilian government. They are: 1) visiting visa; 2) family reunion visa; 3) humanitarian reception visa.
The visit visa has replaced the so-called tourist visa since the New Migration Law (Law 13.445/2017) came into force. According to the General Framework of Visa Regime for the Entry of Foreigners in Brazil released by the Ministry of Foreign Affairs, Ukrainians visiting the country are exempt from obtaining any visa in consular offices for stays of up to 90 days every 180 days.
That is, only with a valid passport could they travel to Brazil as visitors and, once in the national territory, request refuge.
From a practical point of view, it would be the best and fastest alternative, as there would be no need to wait for the visa to be processed in consular offices, which can take months. From a legal point of view, as a rule, if it is verified that the visit visa is being used for a purpose other than a short stay, it would be possible to prevent boarding or inadmission to Brazil.
However, the crucial issue is more related to the authorization for boarding by the airline than to the authorization to enter Brazil itself: once in Brazilian territory and after requesting refuge, which can be done at the Federal Police at the arrival airport. , there is no alternative for the Brazilian authorities but to receive the request and authorization for entry and provisional residence in the country until a final decision by Conare (National Committee for Refugees), with the possibility of enjoying all rights, on an equal basis with other regular migrants and Brazilians in the country until the decision.
The alternative of the family reunion visa is more specific and with a significantly smaller scope, and can be used for people who have direct family members in Brazil and do not have an urgent need to come to the country.
It is a procedure that involves more documentary requirements, which would also entail checking whether Ukrainian families were able to gather their documents before fleeing. As an advantage, family members who arrive in Brazil with this type of visa would be entitled to a permanent residence permit immediately, without having to wait for a decision by Conare, as in the case of asylum seekers.
Despite the practicality of using the visit visa to enter the country, which seems to be the best alternative at the moment, the need to present a valid travel document can represent an obstacle for people who did not have international travel plans or even who do not managed to take their travel document with them when they fled Ukraine.
Thus, we arrive at the third option, which still does not exist, but which can be created at any time by the Executive Branch from the publication of an infra-legal rule, regulating a new humanitarian reception visa aimed at people affected by the war in Ukraine, as recently it was done in response to the Taliban’s takeover of Afghanistan.
Upon arrival in Brazil, it would be possible to transform the visa into a temporary residence permit, which could be converted into an indefinite one, after a few years.
With the war escalating, there is no time for omissions or uncertainties in the Brazilian diplomatic position, which should also extend to the humanitarian reception of Ukrainians in Brazil.
