Workshop on Immigration Laws

Political Rights

Statute of Foreigners

Article 95. A foreigner living in Brazil has all the rights granted to Brazilians under the Constitution and laws.

Article 107. A foreigner admitted into the country cannot exercise activity of a political nature or interfere in the public affairs of Brazil, with the following especially prohibited:

I – organizing, creating, or being a member of any group of a political nature, even with the intention of propaganda or advertising exclusively among compatriots, of ideas, programs, or regulations of political parties of his or her country of origin.

II – exercising individual action, together with compatriots or non-compatriots, to obtain, through coercion, adherance to ideas, programs, or regulations of political parties of any country.

III – organizing parades, marches, elections or meetings of any nature, or participating in any of the former with the intentions referred to in items I and II of this article.

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Article 8. – A foreigner admitted into the country cannot be active in any political party, and is forbidden from organizing, creating, or being a member of an association or any political organization, with the exception of Portuguese citizens, as provided in the Treaty of Friendship, Cooperation and Consultation.

Public Policy

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Article 5. To the foreigner living in Brazil, permanent or temporary, the following rights and fundamental guarantees laid out in the Constitution are assured, especially:

I – The inviolability of the rights to life, liberty, equality, security and property;

II – The civil and social rights granted to Brazilians

III – Freedom of movement within the country.

IV – The right to assemble peacefully, without weapons, in places that are freely open to the public, as long as another meeting has not previously been disallowed in the same site, and given the necessary prior notice to the competent authority;

V – The right to assemble for lawful purposes, under the law.

VI – The right to education

VII – The right to public health

VIII – The rights to work and to unionization, under the law; and

IX – Access to Justice; even free: sole paragraph. These rights are extended to foreigners, regardless of their immigration status, observed in accordance with article 5, caput, of the Constitution:

I – Access to health and education

II – The benefits derived from compliance with legal and contractual obligations relating to employment, by the employer, and

III – Protective measures for victims and witnesses of human trafficking and all trafficking of immigrants.

Article 15. Visas for entrance and stay in the country are the following:

I – Tourism and business;

II – Temporary;

III – Permanent;

IV – Diplomatic;

V – Official;

VI – Courtesy;

Sole paragraph. The requirements for attaining the visas will be laid out in regulations.

To understand the difference:
Article 102. Repatriation consists of the impediment to the entry of an unauthorized foreigner into the country, who is still in the area of the airport, or port.

Article 103. Deportation consists of compulsory withdrawal of the foreigner from the country.

Article 111. Expulsion consists of compulsory withdrawal of the foreigner who commits crimes in Brazil, or, in any way, acts against national interests.

Article 122. Extradition can be granted if formally requested by the foreign state for instructive or enforceable purposes, if the application is justified under a treaty or reciprocal commitment.

Criminalization

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Article 6. Foreigners must verify their legal residence in the country whenever required to do so by the police authority.

Article 107. While deportation is not fulfilled, the deportee must appear weekly to the competent organ of the Ministry of Justice to report on his or her address, activities and compliance with the imposed conditions.

§1° The deportee may be committed to interim prison by the police authority in the event of breach of the above provisions or whenever necessary to ensure completion of the exit process.

Article 149. The following constitute administrative infractions:

I – Entry without authorization into the country by a foreigner who is still in the area of the airport, port, or border.

Penalty fine and repatriation

II – Entry or illegal stay inside the country:

Penalty fine and deportation, if the foreigner does not leave within the proscribed time period.

Penal Code

Article 452. The use by the foreigner of any false name, qualification, or document of origin or any false document in order to enter or remain in the country:

Prison – from two to five years

Prison term from one to three years and fine (actual)

Sole paragraph. The same penalty is incurred by the foreigner who omits information, uses false documents or makes false statements in order to be recognized as a refugee in the country.

Article 453. Attributing to the foreigner qualification or information known to be false, to promote entry or stay in the country or to assure refugee status.

Prison from two to five years

Prison term from one to four years and fine (actual)

Article 454. Bringing a foreigner in clandestinely or hiding an undocumented immigrant:

Prison term from two to five years

Prison term from one to three years and fine (actual)

Article 457. Having the intention to own property, media of communication, business, action, title, or value belonging to a foreigner, in cases where the ownership or possession of goods is forbidden.

Prison – from two to four years.

Prison term from six months to three years and fine (actual)

Communication

Statute of Foreigners

Article 106. Foreigners are forbidden from:

II – Owning a journalistic venture of any kind, or television or broadcast radio companies, being a partner or shareholder of any of these companies;

III – Being responsible, or being an intellectual or administrative consultant for any of the companies mentioned in the previous item.

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Article 7.

Foreigners are prohibited from the following, except as provided in specific legislation, from:

II – Owning a venture that is journalistic, radio broadcast, or sound and images;

III – Being responsible for the editorial content and the activities of selection and management of the transmitted programming.

Produced (in Spanish) by “Educar para o Mundo” (Education for the World)

**** Traducción libre: Rachel Parks