Deportation in Brazil – The Brazil Business

Although it is not always in the headlines of the
newspapers, Brazil deports foreigners who, somehow, disobey local
laws. In this article you will learn more about this practice which
is very common around the world.

The Estatuto do Estrangeiro, portuguese for Foreigner
Statute was created in August 1980 to determine the rights and
duties of foreigners entering Brazilian territory.

Considering that the statute was created during the Brazilian
Military Dictatorship, it reflects the thought that foreigners were
seen as a threat, in a period when the national security and the
control were the main worries of the government. Having this in
mind, it’s possible to comprehend that it no longer fits with the
current situation. That’s why it was amended in 2009 by a law
which, among other measures, grants the reciprocity in principle
regarding the maximum
time foreigners can stay in Brazil^[1].

Deportation, expulsion and extradition

Brazil’s
Constitution^[2] determines that, when in
peacetime, foreigners from every nationality have the right to
arrive, stay and leave Brazil, as long as national interests are
safeguarded.

The Estatuto do Estrangeiro determines three different
established rules, of different characteristics and reasons to
control the compulsory departure of foreigners from Brazil:
deportation, expulsion and extradition.

The difference among them is that extradition is to force
someone to return to the country where they are being accused
guilty
of a crime^[3], in order to settle a
trial. Expulsion is when a foreigner is sent away from the country
and forbidden to come back. Deportation is to force foreigners to
leave the country, especially when they don’t have the legal right
to be there or when they have broken the law.

Deportation

Deportation consists of making foreigners who have clandestinely
come to Brazil or haven’t regularised their situation to leave the
country if they don’t do it voluntarily. In this case, the
foreigner will be notified by the Federal
Police Department^[4], known as Polícia
Federal, and will be granted a period from three to eight days
to leave the country before being forced to.

A foreigner can be deported, among others, for the following
reasons:

• Entering Brazil illegally
• Remaining in the country after a visa expiration
• Residing in Brazil without a valid ID card^[5]
• Transpassing inspection or passport control areas before their
  documents were verified
• Working
  in Brazil without holding the visa type^[6]
  which allows remunerated activity
• Working in an activity other than the one which has been
  authorised when the visa was requested
• In cases where the visa was granted as a work
  visa^[7], changing employer
  without the authorisation of the Ministério do Trabalho,
  Portuguese for Ministry of Labour
• Work in Brazil while entering with a student or tourist
  visas
• Opening
  a company^[8], becoming an administrator for a company^[9], being appointed as a
  manager,or director of an association without having the proper
  visa for this activity

The voluntary departure is what essentially distinguishes the
deportation from the other compulsory forms of leaving. Deportation
only occurs if the foreigner doesn’t depart voluntarily within the
time established.

Deported foreigners will be sent to the country of their
nationality, or any other country that agrees to receive them. If
neither the foreigner or a third party can carry the deporting
costs, the National Treasury of Brazil known as Tesouro
Nacional will cover the deporting costs. In this case should
the foreigner intend to return to Brazil in the future, the
entrance in the country will only be allowed if they reimburse the
National Treasury for all the expenses related to the
departure.

Cases of deportation in Brazil

It’s not very common to see in the Brazilian media that someone
has been deported from here, especially in comparison to the number
of deportations that happen in other countries from North America
and Europe.

However, there has been some specific cases of deportation. In
March of 2008, two Brazilian students from a university in Rio de
Janeiro were deported from Spain. After this case, there were
serious repercussions because of the way the students would’ve been
treated at the airport, there was a migratory crises with the
Spanish. In two weeks, Brazil deported 33 foreigners from countries
that were severe with Brazilian immigrants, and 24 of them were
from Spain. Brazilian authorities claimed that the actions were
part of the principle of reciprocity.

This principle was also used against the United States in 2004.
A Brazilian federal judge determined that every American who came
to Brazil should be photographed and have a file opened, just like
the USA was doing with Brazilian nationals. The American pilot Dale
Robbin Hersh showed his middle finger when he was to be
photographed and paid a BRL 36 000 fine before being deported.

The most recent case involving deportation that gained media
attention happened in July 2016 and involved an Argelian French
guest researcher at the Federal University of Rio de Janeiro^[10]. The professor, who was
working at the physics department, was deported to France after
being convicted in his home country for exchanging messages with
people involved in terror acts^[11].