Migration Law in Brazil Across Regime Change (1889–2023): Selective Liberalism Under Rule by Decree?

Abstract This article investigates empirically whether there is a tendency towards autocratization and illiberalism in Brazil’s migration policy. For the purposes of this study, autocratization is defined as the predominance or increase of the use of power-concentrating tools by the executive to implement policy changes. In turn, illiberalism refers to the content and scope of the measure, that is, the substance of the policy change. This study maps and analyses Brazilian legislation adopted at the federal level instituting changes in migration policies from the proclamation of the Republic in 1889 to 2023. Over this extensive period, Brazil has undergone significant political transformations and experienced different political regimes: de facto oligarchical rule in the first years of the Republic, two dictatorships, and the ongoing process of consolidation of its recent democracy. The article examines whether these political changes were met with substantive changes in the country’s immigration policies and the tools used for their implementation. It finds that, while there has been a predominance of “rule by decree” in migration policymaking, this has not resulted in the predominance of illiberal migration policy changes. Nonetheless, the use of this practice by the executive embodies risks, including the maintenance of relations of domination and marginalisation and even the perpetuation of ethnic selection in practice. By tracing the interplay between politics and migration lawmaking, the article highlights how the continuity in the use of power-concentrating tools reflects broader tensions between democratic ideals and authoritarian legacies.