Brazil
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- No restrictions on entry or staying.
The types of restriction are:
- No restrictions.
Restrictions on entry to Brazil
We found no evidence of any official restrictions on entry to Brazil based on HIV status.
According to UNAIDS and the US Department of State, there is no evidence that Brazil has entry restrictions based on HIV status.
The website of the Government of Brazil has a list of general documents required for every visa application, and in none of these is there a requirement of HIV testing or disclosure.
Restrictions on short-term stay in Brazil
We found no evidence of any official restrictions on short-term stay in Brazil based on HIV status.
According to UNAIDS and the US Department of State, there is no evidence that Brazil has short-term stay restrictions based on HIV status.
The website of the Government of Brazil has a list of general documents required for every visa application, and in none of these is there a requirement of HIV testing or disclosure.
Restrictions on long-term stay in Brazil
We found no evidence of any official restrictions on long-term stay in Brazil based on HIV status.
According to UNAIDS and the US Department of State, there is no evidence that Brazil has long-term stay restrictions based on HIV status.
The website of the Government of Brazil has a list of general documents required for every visa application, and in none of these is there a requirement of HIV testing or disclosure.
An existing residence permit can’t be cancelled on the sole ground of HIV status.
Treatment access in Brazil
The following summarises available information on access to healthcare for people living with HIV in Brazil. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
Information provided by Scruff states that HIV treatment is accessible for non-nationals in the same way as nationals. In the Information Note nº 3/2018 (DIAHV/SVS/MS), issued on February 15, 2018 by the Brazilian Ministry of Health, it was clarified that the policy for universal access to HIV treatment in Brazil is also a right for non-national who are in Brazil, whether they are residents or not. Students, tourists, refugees, people with or without a visa have this right. The treatment and the medicines don’t cost anything for non-nationals.
In Brazil, the Federal Law nº 9.313, from November 13, 1996, ensures assistance to people living with HIV and free supply of antiretroviral medicines. The assistance is granted by the Unique Healthcare System (SUS), available in every region of the country, including small cities far from large metropolitan areas.
Antiretroviral medication is available with a doctor’s prescription through drug dispensing units, a governmental department that works as a drugstore. The antiretroviral drugs supply is controlled by the Medication Logistics Control System. All SUS patients undergoing antiretroviral therapy must be registered in the system through the Drug Dispensing Unit, including non-nationals.
A list of units that provide health services and government organisations that provide care, prevention, diagnosis and treatment actions to people living with HIV is available here.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV may be criminalised in Brazil. While there are no HIV-specific laws in force, we are aware of reported prosecutions of alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Brazil page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens | Yes |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
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