MTE/MJSP Ordinance updates residence rules for migrants who are victims of human trafficking and slave labor

Summary:

The Ministry of Labor and Employment (MTE) and the Ministry of Justice and Public Security (MJSP) have jointly issued a new Portaria, number 46, which authorizes residence for victims of human trafficking, forced labor, or violation of rights exacerbated by their migratory condition. The new norm aims to provide more protection and rights to migrant victims of severe violations. The Portaria, which took effect on February 8, replaces Portaria number 87 of 2020 and brings greater legal security and clarity to the rights of migrants. The reformulation was proposed to further strengthen the protection of migrant victims of severe violations. The new norm includes changes such as flexible documentation requirements, extended residence effects to indirect victims, prioritization in processing these requests, and exclusion of the possibility of a victim's collaboration with the criminal process. The new measure aims to guarantee non-discrimination of workers based on their origin, prioritizing the protection of human and labor rights.