If you've applied for a Permanent Visa based on marriage or child read

So, you may be asking yourself exactly what does all of this mean.

Well, I've received a number of reports from our members recently that they've been told by the Federal Police that they cannot work until the Permanent Visa is issued. In one case I've been advised that in Campinas they are telling people that they can't even get a copy of their SINCRE until then.

This is completely WRONG. Once you apply for a Permanent Visa based on having a Brazilian spouse or child you MUST be furnished with a copy of both the protocol (part of the application document that has your photo, information, RNE number and bears the Federal Police stamp) and your SINCRE (the computer printout) of all the information that the Federal Police have gathered from you. This is legally required of them, they cannot refuse them to you under any circumstances. Unfortunately, many of the people you will probably deal with at the Federal Police are not police officers, but rather civilian employees contracted through third party companies. THEY KNOW ABSOLUTELY NOTHING ABOUT THE LAW and very often very little about the function that they are supposed to be carrying out, so you can't trust any information they give you. The bureaucratic process is so complicated that even the Federal Police don't know what they're doing half of the time. Stand up for your rights.

The mere act of applying for a Permanent Visa based on a Brazilian spouse or child carries with it the automatic right to work. The protocol and SINCRE are the only two documents you need in order to obtain a work permit (Carteiro de Trabalho). The Federal Court has made it perfectly clear that you have this right under the Constitution, even before the permanency process is completed and you have the permanent document in your hands. The judge further states that denying your right to work constitutes an abuse of authority and that you are no longer considered a tourist, but rather a resident, once you've applied for the Permanent Visa in that you have either a Brazilian spouse or child.

If anybody at the Federal Police refuses to furnish you with either of these documents, ask to speak to a police officer. If you still have problems consult a lawyer immediately.

NOTE: THIS APPLIES ONLY IF YOU HAVE APPLIED FOR YOUR PERMANENT VISA HERE IN BRAZIL, NOT IN A FOREIGN COUNTRY.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Following is the jurisprudence in Portuguese should you need to print it off and show it to anyone at the Federal Police so they understand your rights.

*************************************************

Estrangeira pode trabalhar antes de ter visto permanente deferido

A 7.ª Turma do TRF/ 1.ª Região concedeu, por unanimidade, a uma estrangeira o direito de exercer atividade remunerada no Brasil. Embora a impetrante não possua ainda o visto de permanência, por ser casada com brasileiro e ter requerido visto permanente, a Turma julgou que a apelante não mais se enquadra no perfil de turista, pois já residia no País.

A ação foi iniciada após o Conselho Regional de Medicina do Estado de Mato Grosso (CRM/MT) cancelar a inscrição da impetrante sob a justificativa de tratar-se de profissional estrangeiro sem visto permanente e, consequentemente, impedida de exercer atividade remunerada.

O relator convocado, juiz federal Klaus Kushel, verificou nos autos que a apelante havia recebido da Delegacia de Polícia de Imigração da Superintendência Regional do Departamento de Polícia Federal de Mato Grosso declaração em que constava expressamente que a estrangeira poderia exercer atividade remunerada, assegurando que possui estada legal no país e encontra-se com pedido de permanência por cônjuge brasileiro.

Na visão do relator, a negativa do direito assegurado pelo mandato de segurança pode ser considerada prática ilegal ou abuso de poder contra a impetrante. Ressalta, ainda, que a publicação no Diário Oficial da União não é mais significante do que a constituição do direito, pois a impetrante detém residência permanente no País por motivo de ter celebrado casamento com cidadão brasileiro.

O relator apontou ainda jurisprudência da 4ª Região, segundo a qual: Conclui-se da interpretação do artigo 98, acima transcrito, que os estrangeiros com visto de permanência estão autorizados ao exercício de atividade remunerada, posto que a impetrante já possuía em 02.04.2002 visto de permanência por ser cônjuge de brasileiro.(AMS nº 2002.70.00.032025-0/PR Relator: Desembargador Federal Carlos Eduardo Thompson Flores Lenz Relatora para acórdão: Desembargadora Federal Silvia Goraieb TRF/4ª Região Terceira Turma Por maioria D.J. 14/01/2004 pág. 314.)

Processo: 0011856-16.2007.4.01.3600

FONTE: TRF-1ª Região

Hi Everybody,

The following is the reply from immigrations lawyer Dra. Regina Machado that I've just received.

******************************************

Mr. James, good morning,

The legal remedy for such arbitrary denial, is an injunction (mandado de segurança), where a federal judge will compel the Federal Police to deliver SINCRE and still ensure the permanence of the foreigner until his application considered by Immigrations.

It is worth clarifying that the Federal Police is not an organ of Immigrations it is only the registry of foreigners, the PF is only a federal agent for the collection of documents in all states, this function was given to the Federal Police to avoid the need for the Conselho Nacional de Imigração (CNIg)from setting up an office in each state so it uses the Federal Police, but the PF has neither the scope to manage nor the autonomy to make final decisions related to foreigners, it just does what you're told by Immigrations.

It is worth noting that injunctions can be also collective. (Class Action)

Yours

Dra. Regina Machado

********************************************

So there you have it folks. If you have any problems and the Federal Police still refuses to provide you with a SINCRE consult a lawyer and ask him/her to obtain a "Mandado de Segurança" in the Regional Federal Court compelling, the Federal Police, Ministry of Justice and National Immigration Consel (collectively) to provide your SINCRE immediately. You will get an Order without any difficulty.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hello
Thank you for such detailed explanation.
My query is related. Do we have an explanation on a scenario where a dependent gets right to work on application of permanent visa?
This is on account of primary holder (spouse) having filed for permanent visa(holder of VITEM-V)

Hi ruchikachopra,

In the circumstance you mention it is my understanding the dependent would not have the right to work until such time as the Permanent Visa was actually granted, since until the moment the visa is granted the holder of the primary visa has a VITEM - V visa which does not permit dependents to work.

You should check with the Federal Police to confirm that.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Good afternoon,

I am in the process of getting married to the cartorio with my Brazilian fiance. Once I have my marrigae certificate, can I go to the PF and deposit my file? Once I deposited my file they will give me the protocolo and the SINCRE? If yes, is it enough to be hired by a company? will I be considered legal to work?

PS: Do I need to have my RNE before I can apply for my permanent visa? or it is not necessary since I will be married to a Brazilian spouse?

Thank you for your help.

Johanna

Hi Johanna,

Once you get married in the cartório you enter the Policia Federal website www.dpf.gov.br and fill out all the necessary forms online, print them off including the GRU (Guia Receita de União) and pay the fee stipulated on the Guia at the Banco do Brasil. Go to the Federal Police on the date specified to submit all the paperwork. This is the process that gets you your RNE and Carteira de Identidade.

Once you've done that you will be given a protocol (part of the form bearing your photo and information) which is stamped by the Federal Police. It is supposed to indicate the nature of your petition (i.e. Permanência com base em cônjuge brasileiro/a). You are also supposed to be issued your SINCRE at the same time. These two documents (along with your CPF of course) are all you need to apply for your work permit (Carteira de Trabalho) and this gives you the right to work in Brazil.

I've heard that some Federal Police locations are refusing to issue the SINCRE immediately, which as you can read yourself is considered an illegal practice and abuse of power. Unfortunately you don't just argue with the Federal Police. (I think this is in a show of force to exert their feeling of being above the courts - which they are clearly not). If they refuse to issue you the SINCRE it will be necessary to obtain a lawyer and  make an application in the Federal Regional Court for an injunction (mandado de segurança) obligating them to produce it.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Hi all

Thanks to wjwoodward's advice I now have my workbook in my hand. I got it the day after I went to Policia Federal. I just wanted to post this as I didn't even need the SINCRE number. I am married to a Brazilian so all the ministerio do trabalho looked for was the protocol and marriage cert. Both copies authenticated and a 3x4 picture. The man filled up the paperwork and I signed a paper and then he handed me the little blue book!! Now when I was at Policia Federal, the delegado told me under no circumstances could I work. This has left me with some doubts. But the law says I can, so if they ''catch'' me working as far as I can see I am legally entitled to be working as I am married to a Brazilian. Some people have told me the Policia Federal try to scare you or put you off trying to apply for the permanent visa. So thanks again and I hope I never have to post on this section of the site ever again!!!! I will post on others

Conor

People,

I don't know what the hell is going on, but I want to make it perfectly clear...

THE FEDERAL POLICE DO NOT DECIDE WHO GETS A VISA AND WHO DOESN'T, THEY DO NOT HAVE THE AUTHORITY TO TELL YOU THAT YOU CAN OR CAN'T WORK ONCE YOU ARE MARRIED OR HAVE A BRAZILIAN CHILD. THIS IS NOT THEIR JURISDICTION.

The Federal Police are nothing more than a document collecting agent for the Conselho Nacional de Imigração (CNig) who is the final authority. Either way, they cannot refuse to provide you with your SINCRE under any circumstances.

There seems to be some kind of a power trip happening here, at least in the Marilia Superintendency of the PF. If you are married to a Brazilian or have a Brazilian child, it is your legal right under both the Brazilian Constitution and Decreto/Lei 6815 to work once you've applied for your Permanent Visa on those grounds.

I intend to get to the bottom of this crazy situation and find out what the heck is going on.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Good for you Conor, I'm glad you didn't just take no for an answer. If you had just accepted the BS that the delegado was dishing out you still wouldn't have your Carteira de Trabalho. The delegado is not only a jerk, but it's the Ministry of Labor that says you have the right to work, not him. Good on you brother! If I ever get to Marilia you can buy me a cold beer and tell me all about the job you end up getting.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

This was sent to me today by the Ministério da Justiça

A Central de Atendimento do Ministério da Justiça informa que enquanto o processo de permanência estiver em trâmite o estrangeiro poderá trabalhar. Entre em contato com o Ministério do Trabalho para saber como dar entrada na carteira de trabalho provisório.

Rough translation - A foreign person who is married to a Brazilian is allowed to work while waiting for the process of permanency. Go to the Ministério do Trabalho to find out what to do.

So thank you very much to the brilliant wjwoodward who from the start said I could work. I just wanted to have it on paper also

Also when someone does go to the Ministério do Trabalho you just have to have the protocol (from policia federal) your marriage certificate and a 3x4 picture. And of course everything photocopied and authenticated. Remember, if it moves in Brazil they stamp it

Have a good day - I know I will

Conor

Almost correct Conor, it's "if it moves in Brazil, stamp it TWICE!" LOL.

Thanks for the update, I'm sure your experience will help drive home the point that the Federal Police haven't got the first clue about what they're talking about. Good on you my friend! Now all you need is to land a super job. I'll be around one day for a cold beer on your tab.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear Willianm,

Today I went to the PF to deposit all my paperwork for my Permanencia. I will pick up the protocolo on monday. However, when I ask about the SINCRE they told me that it was the Ministerio de Trabalho who was going to issue it, is this true?

I am a bit confused.

Thank you for your help.

Johanna

The Ministério de Trabalho???? You applied for your Permanent Visa with whom? The Federal Police, didn't you? The Permanent Visa was based on marraige? The Federal Police should issue the SINCRE it's them the maintains the registry of the information. Are you sure that they didn't misunderstand you or think you asked about the Work Permit (Carteira de Trabalho)? You've got to understand that the people that work at the Federal Police, especially in São Paulo, don't know what they're doing. They are all contracted employees, not police officers. Go back and ask to talk to a police agent and ask for your SINCRE. That's the printout of the data that the Federal Police have in their computer system about you.

If you don't get the SINCRE then take the original and a photocopy of your marriage certificate to the Ministério de Trabalho and they will issue the work permit anyway. In São Paulo they are located on Rua Martins Fontes, No. 109, Centro - São Paulo.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Just so that everybody is clear on one thing....

YOU CAN NOT BE EXPELLED FROM BRAZIL FOR ANY REASON IF YOU ARE LEGALLY MARRIED TO A BRAZILIAN CITIZEN OR HAVE A BRAZILIAN CHILD. THIS IS AN EXCERPT FROM DECRETO/LEI 6815 - ESTATUTO DE ESTRANGEIRO

Decreto/Lei 6815

Art. 75. Não se procederá à expulsão:

I - se implicar extradição inadmitida pela lei brasileira; ou

Il - quando o estrangeiro tiver:

a) cônjuge brasileiro do qual não esteja divorciado ou separado, de fato ou de direito, e desde que o casamento tenha sido celebrado há mais de 5 (cinco) anos; ou

b) filho brasileiro que, comprovadamente, esteja sob sua guarda e dele dependa economicamente.

§ 1º Não constituem impedimento à expulsão a adoção ou reconhecimento de filho brasileiro supervenientes ao fato que motivar.

§ 2º Verificados o abandono do filho, o divórcio ou a separação, de fato ou de direito, a expulsão poderá efetivar-se a qualquer tempo.

TRANSLATION

Article 75. There shall be no expulsion:

I - if it involves extradition not permitted by Brazilian law, or

Il - when the alien has:

a) Brazilian spouse from which he is not divorced or separated, in fact or in law, provided that the marriage has been celebrated for more than five (5) years, or

b) Brazilian child that is proven to be under his care and is economically dependent.

§ 1 shall not constitute an impediment to expulsion if the adoption or recognition of the Brazilian child if expulsion was the supervening and motivating fact.

§ 2 Once verified the abandonment of a child, divorce or separation, in fact or in law, expulsion may be effected at any time.

So, regardless of your visa situation... if you have a Brazilian spouse or child you are LEGALLY in the country. You will need to carry a certified copy of the marriage/birth certificate with you at all times, but nobody can expel you even if your visa has expired.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Would you happen to know if this process would be similar even if someone were applying for permanência on the basis of marriage through a Brazilian Consulate (e.g. in the US)? Would I get enough information to still be able to apply for a Carteira de Trabalho before the permanent visa has been issued? My understanding is that it may only take a couple of months for that to be issued but I'd like to start working before then if possible or at least have the Carteira de Trabalho in case the processing time is much longer. Since I'm not applying through PF, I'm not sure if I'd get a SINCRE but my guess is that there'd be some kind of protocolo that is stamped at the consulate.

Any help would be greatly appreciated!

Regardin marriage to a Brazilian the procedure is the same with the eception that you must register the marriage at the Consulado-Geral do Brasil where the wedding took place, you will pay a fee and be issued a consular Cartório Marriage Certificate, that's the one that is valid in Brazil. You have then got two choices, apply for the Permanent Visa there, in which case you can't come to Brazil until it has been issued. You can gather up all the necessary documents for the visa and come here on a Tourist Visa and apply for permanency here in Brazil. In this case you are permitted to remain until the process is completed.

I've heard that the application for a Permanent Visa based on a Brazilian child will not be accepted by Consulates abroad. I've had several members inform me that they were told they could only apply in Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Dear William,

I would really appreciate your insights with regards to SINCRE and FP protocol.
I have been offered an assignment in Brazil by my company. My husband is Brazilian, and we are expecting a baby at this moment and would really like to deliver it in Brazil (otherwise the move will be delayed, which would bring a lot of unwanted uncertainty).
if I apply for a work or permanent spousal visa in my current country of residence - Switzerland , it might take 3-4 months, and by that time I might not be able to travel from Brazil to Switzerland to pick up my visa.
I suggested that we apply for a permanent residency in Brazil based on my marriage.
The company is not willing to proceed in this way motivating it by a fact that with just a SINCRE and  a FP protocol I will not be able to be remunerated and covered by medical insurance without holding RNE, which will be available only after residency approval - "as a big multinational, we need RNE for payroll and to open a bank account" - cite.

I wonder if FP protocol or SINCRE have some sort of provisional RNE number which my company could use?

Many thanks in advance.

Dina

Dina,

I've replied to your posting in the Private Message System.

One thing I might add, by coming here on a VITUR then you may have to tough it out as far as work goes for a couple of months until you get the RNE and CPF all settled, but I'm sure you're employer will either figure some way around that or at least speed the FP up. Don't worry about that.

Once you're here, with a Brazilian husband and baby born here even the President of the Republic couldn't send you back home. NEVER.

Cheers
William James Woodward - Brazil Animator, Expat-blog Team

William, I have the protocol under a civil union, but was refused a CTE. They said only a marriage protocol or the 2 year waiting period for my ID will work(its a new law). I'm now in the process of getting married and have already had my Federal Police house visit. He had mentioned something about having to look in the newspaper, but didn't say which paper. Would this be a local(rio das ostras) paper?

No, he's talking about the Diário Oficial da União (DOU) which is the Federal Gazette. Actually I don't even think you need to look. The Ministry of Justice is supposed to send you a letter once the Permanent Visa is granted, informing you about the publication in the DOU and instructing you to attend the Federal Police to register for your ID.

I've not heard anything about any "new" law.... the law that applies is very old Decreto/Lei 6815 and if I remember correctly it's from 1980. Were you given the information from the Federal Police or from the Ministry of Labor???? Sounds more like a new directive as opposed to a law.

If you're going to get married in the Cartório anyway I'd suggest doing that ASAP since there is no way they can refuse your Carteira de Trabalho once you're legally married.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

Okay, I was hoping i didn't have to go out and buy a paper everyday until I saw my name haha.

This is what I found about the Uniao Estavel:

Observação: Os casos de pedido de permanência por União Estável (Resolução nº 77 do Conselho Nacional de Imigração) e Reunião Familiar (Resolução nº 36 do Conselho Nacional de Imigração) não produzem direitos ao estrangeiro no País para obtenção da CTPS. O estrangeiro só poderá solicitar a CTPS após ter sido concedido sua permanência pela Policia Federal.

We've already sent in the paperwork for the marriage. We were told since its a conversion, it could take a min. of two months.

wjwoodward wrote:

Regardin marriage to a Brazilian the procedure is the same with the eception that you must register the marriage at the Consulado-Geral do Brasil where the wedding took place, you will pay a fee and be issued a consular Cartório Marriage Certificate, that's the one that is valid in Brazil. You have then got two choices, apply for the Permanent Visa there, in which case you can't come to Brazil until it has been issued. You can gather up all the necessary documents for the visa and come here on a Tourist Visa and apply for permanency here in Brazil. In this case you are permitted to remain until the process is completed.

I've heard that the application for a Permanent Visa based on a Brazilian child will not be accepted by Consulates abroad. I've had several members inform me that they were told they could only apply in Brazil.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

What will happen to the tourism visa after 90 days while waiting for the process to complete? will i be required to leave? will there be a fine? Is "permanent visa" the same thing as "permanency"?

Hi tatuadoG14,

When you apply for the Permanent Visa you are given back a part of the form called the protocolo, it has your photo, personal information and bears the stamp and signature of the Federal Police, this permits 180 days in Brazil, the process really takes longer, so you end up taking that protocolo back a couple of times and getting it renewed until you actually get the Permanent Visa issued. The protocolo is you visa in the interim. You are permitted to remain in Brazil until the process is completed.

Yes, Permanent Visa and Permanency are one and the same

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Does having a tourist visa cut down on any paperwork when applying for a permanent visa due to marriage?

No. In fact for heterosexual marriage it is best to get married in the United States in your case. The process is much easier. In my case I have to marry in Brazil and all the paperwork is the same UNLESS after you marry in Brazil you return home (in your case to the US) and apply for a permanent visa at the consulate serving your region. Chicago is pushing out visas based on marriage within 3-6 months. I am not sure if they take you passport for that amount of time or not... I would certainly hope not.

Matt-

Hi jland912,

No, the bureaucracy is not reduced on little bit... and you have no idea what bureaucracy is until you've experienced Brazilian bureaucracy! They may not have invented it, but they sure as Hell turned it into a SCIENCE here.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

Hi William,
Can you tell me what documentation I need to bring with me from my country to apply for permanencia based on marriage?
After travelling back and forth for sometime I am finally going to get permanent! Yeah!

Best regards,
Lise

Hi Lise,

You can find a complete explanation of the process of marriage and application for the Permanent Visa, including all documents needed by checking the following forum posting.

https://www.expat.com/forum/viewtopic.php?id=280525

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

wjwoodward wrote:

Hi ruchikachopra,

In the circumstance you mention it is my understanding the dependent would not have the right to work until such time as the Permanent Visa was actually granted, since until the moment the visa is granted the holder of the primary visa has a VITEM - V visa which does not permit dependents to work.

You should check with the Federal Police to confirm that.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

I hold a different opinion.

The constitution grants brazilians and foreigners legally within Brazil the same rights, limited only by the constitution (of 1988):
"Art. 5º Todos são iguais perante a lei, sem distinção de qualquer natureza, garantindo-se aos brasileiros e aos estrangeiros residentes no País a inviolabilidade do direito à vida, à liberdade, à igualdade, à segurança e à propriedade". The constitution grants everyone the right to work ONLY limited by the constitution:
Art. 6º São direitos sociais a educação, a saúde, a alimentação, o trabalho, a moradia, o lazer, a segurança, a previdência social, a proteção à maternidade e à infância, a assistência aos desamparados, na forma desta Constituição.

Hence, the right to work can not be denied by ordinary legislation.

wjwoodward wrote:

Just so that everybody is clear on one thing....

YOU CAN NOT BE EXPELLED FROM BRAZIL FOR ANY REASON IF YOU ARE LEGALLY MARRIED TO A BRAZILIAN CITIZEN OR HAVE A BRAZILIAN CHILD. THIS IS AN EXCERPT FROM DECRETO/LEI 6815 - ESTATUTO DE ESTRANGEIRO

Decreto/Lei 6815

Art. 75. Não se procederá à expulsão:


a) cônjuge brasileiro do qual não esteja divorciado ou separado, de fato ou de direito, e desde que o casamento tenha sido celebrado há mais de 5 (cinco) anos; ou

The correct quote would be from Sumula 1 of the Supreme court:
É VEDADA A EXPULSÃO DE ESTRANGEIRO CASADO COM BRASILEIRA, OU QUE TENHA FILHO BRASILEIRO, DEPENDENTE DA ECONOMIA PATERNA.

Also, a difference must be made between deportation and expulsion. Deportation can be done by the federal police for not having a valid visa, or for having entered the country illegally. Expulsion can only occur in case a crime was committed on Brazilian soil and can only occur by presidencial decree.

Hello all!

I was having problems about work visa here etc like everyone is having. I got married in January in Ireland to my Brazilian wife and then changed the marriage cert here for a Brazilian one. I then went off to Policia Federal with all my docs for them to tell me that I wasn't allowed to work until I had my full visa. But after talking to James on this site (thanks again man) I found out that I was allowed. So I went to the Ministerio do Trabalho with my protocolo, marriage cert, passport and passport sized picture and got my workbook there and then. So I thought no more of it. That was back in March and I have had no visit from the PF yet so I decided to go there and see what was happening. They told me it would be a minimum of 2 more months!! So i decided to tell them that I got my workbook and they said again I cannot work. I got the workbook in March and have been working and paying tax since April. So I decided to get the proper info myself so that I would have it on paper. I emailed the ministerio de justica and they answered me this morning;

Prezado Senhor Conor,

A Central de Atendimento do Ministério da Justiça informa que durante o trâmite processual com o protocolo em mãos o estrangeiro poderá trabalhar com a carteira de trabalho provisória.

My Portuguese isn't the best but I understand the part that says with your protocolo in your hands and your workbook you can work!

So I hope this helps anyone that may have needed some help.

Conor

Hello svenveer,

Sorry to tell you that you're a bit confused about the visa issue. The Federal Police CANNOT deport anyone, it is not within their jurisdiction. If a person is married to a Brazilian, even though one's visa is expired; firstly this is not a crime, it is an administrative infraction subject to a fine. The Federal Police can "invite" anyone whose visa stay has expired to leave the country voluntarily, they cannot force it. If the individual should refuse to do so then the Federal Police must initiate a legal proceeding. The judicial system decides on deportation or expulsion.

One who is legally married to a Brazilian national is clearly permitted to remain in Brazil according to Decreto Lei 6815, unless they are separated judicially or de facto. Again if there is any doubt or refusal, the Federal Police can only request a legal proceeding be brought on. THE FEDERAL POLICE, despite what THEY may think, are not Immigrations and they have no legal authority or jurisdiction in making decisions regarding the process. They are quite simply an agent of the Conselho Nacional de Imigração, CNig, who has been contracted as an agent to collect information/applications and to maintain the Sistema Nacional de Cadastro de Estrangeiros SINCRE.

The Federal Police sometimes, however, act as if they are more powerful that God himself. With regard to immigrations this is clearly NOT the case.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

wjwoodward wrote:

Hello svenveer,

Sorry to tell you that you're a bit confused about the visa issue. The Federal Police CANNOT deport anyone, it is not within their jurisdiction.

Deportation is a discrionary administrative act within the jurisdiction of the Federal Police (delegated by the ministery of justice)

Expulsion is not within the jurisdiction of the Federal Police, as that is within the jurisdcition of the President.

wjwoodward wrote:

If a person is married to a Brazilian, even though one's visa is expired; firstly this is not a crime, it is an administrative infraction subject to a fine.

I never said it's a crime. As a matter of fact, there is some jurisprudence that, if a person is married to a Brazilian, no fine can be charged.

wjwoodward wrote:

The Federal Police can "invite" anyone whose visa stay has expired to leave the country voluntarily, they cannot force it. If the individual should refuse to do so then the Federal Police must initiate a legal proceeding. The judicial system decides on deportation or expulsion.

Again, no, it is within their jurisdiction. They can actually hold you while you await expulsion. One can fight the expulsion with a writ of Habeas Corpus.

wjwoodward wrote:

Again if there is any doubt or refusal, the Federal Police can only request a legal proceeding be brought on.

Again, no they have the administrative power, delegated by the ministry of justice, to expell. The person to be expelled can get a judicial injunction of the administrative decision to expell.

wjwoodward wrote:

THE FEDERAL POLICE, despite what THEY may think, are not Immigrations and they have no legal authority or jurisdiction in making decisions regarding the process. They are quite simply an agent of the Conselho Nacional de Imigração, CNig, who has been contracted as an agent to collect information/applications and to maintain the Sistema Nacional de Cadastro de Estrangeiros SINCRE.

No they are not the agent of the CNIg, they are the agent for the Ministery of Justice, and have the legal capacity to expell.

Again, we are not speaking about immigration issues, we are talking about expulsion.

I beg to disagree with you. First of all Immigrations in Brazil is the sole jurisdiction of the Conselho Nacional de Imigração (CNig), all other agencies MTE, MJ, DPF are agents only. The final authority is and always will be CNig.

Even they are not all powerful, since over them is the Judicary. A Judge in the TRF can grant Permanência Definitiva via Judicial, and they make rulings against the practices and errors of all of the above agencies quite frequently.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team

wjwoodward wrote:

I beg to disagree with you. First of all Immigrations in Brazil is the sole jurisdiction of the Conselho Nacional de Imigração (CNig), all other agencies MTE, MJ, DPF are agents only. The final authority is and always will be CNig.

The question is not WHO is responsible for immigration. The question is who decides on deportation, and that is NOT the CNIg. It's and application on the combination of article 26 & 57 of Law 6815:

Art. 26. O visto concedido pela autoridade consular configura mera expectativa de direito, podendo a entrada, a estada ou o registro do estrangeiro ser obstado ocorrendo qualquer dos casos do artigo 7º, ou a inconveniência de sua presença no território nacional, a critério do Ministério da Justiça.

and:

Art. 57. Nos casos de entrada ou estada irregular de estrangeiro, se este não se retirar voluntariamente do território nacional no prazo fixado em Regulamento, será promovida sua deportação.

Since the power was delegated to the Federal Police, it is them who have jurisdiction for deportation.

wjwoodward wrote:

Even they are not all powerful, since over them is the Judicary. A Judge in the TRF can grant Permanência Definitiva via Judicial, and they make rulings against the practices and errors of all of the above agencies quite frequently.

No, the courts can't do that. The courts can order (and ONLY in the case of marriage and child) the CNIg to grant Permanencia Definitiva.

I don't disagree with you on WHO can grant visas, the question is WHO can execute deportation.

I will wholeheartedly agree with you that the Federal Polica and the CNIg very often do what they are not supposed to do. But in terms of making the administrative decision to deport, jurisdiction lies with the Federal Police. As for Expulsion, that can only be ordered by presidential decree.

Both in the case of possible deportation and expulsion, the defense would be a writ of Hebeas Corpus in federal court.

Dear William,

I wrote on this post a couples months ago. I got married on May 3rd of this year. On May 9th I went to the police federale dropped off all my documents and they put a stamp with the processo number on my passport. The PF came to my apartment 2 weeks later and talked to the doorman since we were not there. I do not have my protocolo yet is this normal? The only thing I have is this stamp on my passport which states that I applied for permanencia plus the processo number.

Do you have any information regarding the obtention of the protocolo?

Thank you for your help.

Johanna

Hi Johanna,

The Federal Police are supposed to return to you a portion of the application which bears your photo and a bar code with the Process No. this is the protocolo. Go back to them and ask why you weren't given one.

  Cheers, 
  William James Woodward – Brazil Animator, Expat-blog Team