IMPORTANT NEW CHANGES FOR THOSE APPLYING FOR PERMANENT VISAS

Hi John,

Yes, you're correct anyone over the age of 60 or that has a disability, by law, does not need to renew the Cédula de Identidade Estrangeiro. Like everything else the Federal Police do here in Brazil not everybody seems to be on the same page of the songbook, so it might be a good idea to remind them when you apply for the CIE that you're over 60.

When I applied I was quite worried about that too so I made a point of telling them that I doesn't need renewal. My CIE came back clearly marked "Classificação:  Permanente   Validade:  Indeterminada", and so should yours. If it does not then you should not accept it, when they ask you to check it to make sure there are no errors (which BTW they are REQUIRED to do before they officially turn it over to you).

Art. 226.
A família, base da sociedade, tem especial proteção
Estado.
§ 1 O casamento é a celebração civil e gratuita.
§ 2 O casamento religioso tem efeito civil, nos termos da lei.
§ 3 Para efeito da proteção do Estado, a união é reconhecida
estável entre o homem ea mulher como entidade familiar, devendo
lei para facilitar sua conversão em casamento.
§ 4, também é considerada como entidade familiar a comunidade
formada por qualquer dos pais e seus descendentes.
§ 5 Os direitos e deveres referentes à sociedade conjugal são
exercidos igualmente por homens e mulheres.
§ 6 O casamento civil pode ser dissolvido pelo divórcio.
§ 7 Fundado nos princípios da dignidade humana e
paternidade responsável, o planejamento familiar é livre decisão do
casal, competindo ao Estado propiciar recursos educacionais e
científicos para o exercício desse direito, vedada qualquer forma coercitiva por parte de instituições oficiais ou privadas.
§ 8 O Estado assegurará a assistência à família na pessoa de cada
um dos membros, criando mecanismos para coibir a violência
dentro de suas relações

Para me impedir de se inscrever para o meu RNE e CIE, a Polícia Federal está violando o meu direito de ficar com a minha família, porque isso iria me forçar a deixar o Brasil e destruir a unidade familiar de mim e minha esposa, que são legalmente casados ​​no Brasil. Esta é uma forma de coerção por parte da Polícia Federal em Manaus para me negar a capacidade de obter um visto para permanecer legalmente emitido pelo Ministério da Justiça. O DPF estão em violação da Constituion. A primeira frase do artigo 226, e parágrafo 3 e 7 do mesmo artigo da Constituição do Brasil para garantir que o direito de me livre de coerção. Por isso, peço que uma regra juiz federal em que e proteger os direitos da minha família ao abrigo da Constituição sob esta seção. E pedir à Polícia Federal para me permitir registar-se para obter os documentos que preciso para proteger a minha família.

Art. 226.
The family, the basis of society, has special protection
of the State.
§ 1 The marriage is civil and free celebration.
§ 2 Religious marriage has civil effects, in accordance with law.
§ 3 For purposes of protection of the state, the union is recognized
stable between the man and the woman as a family unit and should
law to facilitate its conversion into marriage.
§ 4, is also considered as a family entity the community
formed by either of the parents and their offspring.
§ 5 The rights and duties of marital society are
exercised equally by men and women.
§ 6 The civil marriage may be dissolved by divorce.
§ 7 Founded on the principles of human dignity and
responsible parenthood, family planning is a free choice of
couple, competing at State to provide educational resources and
scientific to exercise this right, barring any coercion by official or private institutions.
§ 8 The State shall ensure assistance to the family in person at
one of the members, creating mechanisms to suppress violence
within their relationships

To prevent me from signing up for my RNE and CIE, the Federal Police are violating my right to keep my family, because that would force me to leave Brazil and destroy the family unit of me and my wife who are legally married in Brazil. This is a form of coercion by the Federal Police in Manaus to deny me the ability to get a visa to stay legally issued by the Ministry of Justice. The DPF are in violation of the Constituion. The first sentence of Article 226, and paragraph 3 & 7 of the same article of the Constitution of Brazil to ensure that right to me free of coercion. So I ask that a federal judge rule on that and protect the rights of my family under the Constitution under this section. And order the Federal Police to permit me to register to obtain the documents I need to protect my family.

Is this the way to interpret the law as stated in the Brazil Constitution

Exactly John but just the heading of the Article itself, not the subsections, and that is what a Mandado de Segurança is for. It's an application for a Federal Court judge to make an Order (injunction) which compels the Federal Police to register you and issue your Cédula de Identidade Estrangeiro without delay. The application does not require a trial or hearing, the lawyer presents the petition to the court, a judge issues a "desk order" (i.e. a judge just looks at the application and issues an order). The application sets out the grounds (constitutional rights being denied) and it is self sufficient, no other proof is required.

To deny your RNE and CIE once you've been published in the DOU is a clear violation of the "caput" of Art. 226.

The application for a Mandado de Segurança must be brought on the the Tribunal Regional Federal - TRF.

These are the guidelines in my case I will bring a notarized copy of my marriage document issued in Brazil as this is the basis for my permanency see first sentence below.   

General guidance on the registration and issuance / renewal of Identity Card for Foreigners.
Source - the official DPF website

I-Documents / Requirements needed
The documentation required depends on the type of legal protection that the foreigner has to stay in Brazil. However, in general, the documents required are:

1. Valid travel document (identity card can be for ARGENTINA, URUGUAY, PARAGUAY, Chile, Bolivia, Peru and Colombia), original and photocopy of passport pages used which may be authenticated by the Notary or employee of the DPF;

2.  Consular Visa and obtained the original visa application form or in the case of stay obtained in Brazil, a copy of the Official Gazette of União- DOU, where the deferral of residence was published
(in the case of stay must be submitted personal document stating membership, such as enrollment Consular);

(no caso de permanência deverá ser apresentado documento pessoal onde conste a filiação, como por exemplo,  inscrição Consular); - what document is this referring to?

3.  Two recent photos, 3x4 colored with white background;

4 Payment of the required fees (pay the corresponding fee at any bank, lottery shops, post offices and banking correspondents)

Rate Code 140120
FOREIGN PORTFOLIO OF FIRST VIA
R $ 124.23;

Rate Code 140082
REGISTRATION OF FOREIGNERS / RESET REGISTRATION
R $ 64.58.

II  REQUIREMENTS  registration and the issuance / renewal of Identity Card for Foreigners;

1 Fill in the electronic form available on the "Require Registration / Renewal" option. Then click the SAVE button and print the completed form, paying attention to the directions on the printer configuration.

  2 After completing and printing the electronic form, check for schedule available in the DPF unit and select date and time to meet. Will be necessary to inform the code printed in the request header formulário.ATENÇÃO! Do not miss the registration deadline, if no delivery schedule, the applicant shall immediately attend Unit of the Federal Police Department nearest your residence.

  3 Attend the Federal Police which held for scheduling unit, or in case of no schedule, go to the nearest unit of the Federal Police where the applicant will take up residence, with all required documents.

III Important Information:

•    The process for registration, issuance / renewal for Identity Foreigner (CIE) is only done in person at the nearest location of the jurisdiction of the Federal Police.

•    The registered foreigner is obliged to notify the Ministry of Justice to change its domicile or residence, and must do so within thirty (30) days immediately following his execution, according to art. 102 of Law 6815/80, subject to penalty.

•    Speaking to a unit of the Federal Police, bring all your personal documents and always try to present a proof of address. The mistaken filling out of the form, notably the CEP may delay your delivery.

•    The deadline for registration is 30 days from the date of entry into the national territory (Article 30 of Law No. 6815/1980);

•    The foreign child age should be presented accompanied by parent or legal guardian;

•    Applications for renewal of CIE must be made before the expiration of the document, under penalty of a fine.

•    Are exempt from the replacement of CIE, even after maturity, holders of permanent visas foreigners, who have participated in previous re-registration and are over 60 years old.at the maturity date of the card  or if the person is disabled

•    The permanent alien who is absent more than two years of uninterrupted national territory, loses permanence.

Information on fee waivers:

DECREE 6771 OF 16 FEBRUARY 2009: Provides that the citizens of the member countries of the CPLP - Community of Portuguese Language Countries (Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, Portugal, Sao Tome and Principe and Timor-Leste) are exempted from payment of fees and charges due on the issuance and renewal of residence permits, with the exception of the costs of issuance of documents. That means there is no need for the fee payment requests for an extension of stay, residence or alien registration, payment being due only to emission rate of foreign portfolio where applicable.

For questions, contact us at the following address: [email protected]

Hi John,

Don't worry about the Inscrição Consular, that is only for citizens of PORTUGAL. It just certifies their ID documents and that they are registered with the Consulado-Geral do Portugal in Brazil.

I requirement of registering within 30 days of arrival in Brazil is only for new arrivals, you have 90 days from the date of publication of your permanency in the DOU in which to register for the RNE and apply for the CIE, so again don't worry.

GRU Codes 140120 - actually that is Carteira de Identidade Estrangeiro de Primeira Via
and 140082 Registro de Estrangeiro/Renovação de Registro those are the documents that I told you first off that needed to be paid. That and the filled out (online form) and you're good to go!

Take your passport with you, and demand that they stamp it with their "Registrado como (they write in PERMANENTE" stamp on a visa page. Some airlines don't understand what the CIE is and may say it's not your visa because it's not in a passport as a "Consular Visa" is. Between the CIE and a stamp in the passport that eliminates any chance of future problems with airlines.

Cheers,
James

My name ain't on either. What a shame.

Hi sen5e,

If your name isn't on the list you should contact the DPF where you applied to find out what is happening with your process, or send an e-mail to the Ministry of Justice at:

[email protected]

Ask them if they can inform you about how your process will be handled, be it under the new rules or the old rules.

Thanks for the info. Why do I get the feeling I won't be part of neither old or new list. I'll just be stuck in limbo. What else is new in Brazil. 

Dears, contact DPF probably won't help, that was what happened to me, I sent mail to DPF, they ask me to head for the policia federal directly, however, policia federal did not find my parents' process and only asked me to check the website and wait for the updated list.

Well Enzo, your situation sort of confirms what I've been thinking since the new rules came into effect; that even the Federal Police don't know what they're doing yet! (As if they ever really did.  )

wjwoodward wrote:

Hi John,

Don't worry about the Inscrição Consular, that is only for citizens of PORTUGAL. It just certifies their ID documents and that they are registered with the Consulado-Geral do Portugal in Brazil.

I requirement of registering within 30 days of arrival in Brazil is only for new arrivals, you have 90 days from the date of publication of your permanency in the DOU in which to register for the RNE and apply for the CIE, so again don't worry.

GRU Codes 140120 - actually that is Carteira de Identidade Estrangeiro de Primeira Via
and 140082 Registro de Estrangeiro/Renovação de Registro those are the documents that I told you first off that needed to be paid. That and the filled out (online form) and you're good to go!

Take your passport with you, and demand that they stamp it with their "Registrado como (they write in PERMANENTE" stamp on a visa page. Some airlines don't understand what the CIE is and may say it's not your visa because it's not in a passport as a "Consular Visa" is. Between the CIE and a stamp in the passport that eliminates any chance of future problems with airlines.

Cheers,
James

Guess what James They do want the Inscrição Consular. Today I went without it and the refused to accept the paperwork AGAIN 2nd trip to the police ...so Now I must go to the embassy Monday and get it. and pay $50 US for it another wasted trip to the DPF and it took them an hour for me to wait for them to tell me this. If they told me sooner I could have gone to the embassy today and got it but know it has to wait for Monday so I will schedule an appointment

Does your Birth Certificate contain the full names of your parents? That is the only reason you should need an Inscription Letter from the US Consulate. See the following webpage:

http://portuguese.brazil.usembassy.gov/ … nscription

Translation:

Consular Registration (Inscription Letter)

This document is usually required in Brazil if his American birth certificate does not contain the full names of their parents. The Consular Registration will have your full name, date of birth, place of birth and the name of his parents.

To request the consular registration certificate, a person must appear in person at the scheduled day, bringing the American passport and a recent, size 3x4cm, color photo.

Please check the list of fees.

My Birth certificate has all full names on it and the original was submitted way back when I submitted all the paperwork originally. Its the Brazil mentality if it says they need something on the guidelines even if it does not relate then they want it. The web site said get counselor inscription letter on the guidelines doesn't matter they don't need it. It says to get one SO if you don't have it they can DENY your RNE application and CIE here in Manaus.  it is not Sao Paulo or Rio they make their own rules and they function like good little bureaucrats here there is no convincing them otherwise it's like beating a dead horse. So Monday I have the appointment have to take a cab there as there is no where to park the car usually all the spots are filled.  Shell out for the cab, shell out another R$120 for the letter and then go to the DPF after I return to the house and hope they don't find something else they want.

Yep, looks like the Delegado there in Manaus is trying out for the Pr*ck of the Year Award for sure!!! They sure aren't so hard nosed in other parts of Brazil. Maybe you were right in the first place, looks like he's got a real hate on for Americans.

JohnC wrote:

My Birth certificate has all full names on it and the original was submitted way back when I submitted all the paperwork originally. Its the Brazil mentality if it says they need something on the guidelines even if it does not relate then they want it. The web site said get counselor inscription letter on the guidelines doesn't matter they don't need it. It says to get one SO if you don't have it they can DENY your RNE application and CIE here in Manaus.  it is not Sao Paulo or Rio they make their own rules and they function like good little bureaucrats here there is no convincing them otherwise it's like beating a dead horse. So Monday I have the appointment have to take a cab there as there is no where to park the car usually all the spots are filled.  Shell out for the cab, shell out another R$120 for the letter and then go to the DPF after I return to the house and hope they don't find something else they want.

You can park your car right behind the plaza. There is plenty of parking for less than R$2,00. It is on a steep hill though. You do not have to park by the MTE because you will never find a spot.

Today Finally success and the stamps required in the passport (permanent) and also the notation that the CIE is indefinite based on my age (61) all in all a good day, They still advised me to check the protocol on the SINCRE as the official card will be mailed but this number tracks it. So they said. Is this true I always wonder when it comes to Brazil?  I made copies of them just in case,  In Brazil always have a copy of your documents seems to be a good policy not only a paper document but electronic ones

Congratulations John, you've survived the suffocating bureaucracy of Brazil!!!!

Congratulations, John!

Congrats! Have a good stay!

Congratulations John, I am waiting the update of the list desperately, I guess I should visit the office of policia federal again.

Hi Enzo,

Yes, sounds like a good idea to check with the Federal Police again to see what's happening with your process.

Also you should e-mail the Ministry of Justice to ask what is going on with it too.

[email protected]

Have you been checking on their new site for Consulta Processos?

http://www.justica.gov.br/acesso-a-sist … -processos

Hi James,

Your post on here has really helped me a lot, guiding me through, getting married and applying for my permanency. I got my CIE- RNE  card today. The new law is actually working. I applied last month on the 10th, the processing took 29 days. I'm so happy.

Thanks
Dennis

Thanks.
I will consider to send another Email after another visit to Police office. As I mentioned, I sent several mails to Ministry of Justice in the past to follow the process status, as I was never able to find the process by consulting on Internet, the last reply which was received around 7 of Sept. , I was told to head to Policia Federal office directly, I followed the instruction but the officer of Policia Federal told me to wait for the updated list.....
It's being almost 2 years of waiting already, should I expect a surprise soon? Hahaha.

Have you checked the Federal Police website? There has just been a new updated list posted of Permanency processes that have been granted it's dated Oct. 2/14. See if you're on it..... it's in alphabetical order by FIRST name.

www.dpf.gov.br/estrangeiros

Lucky me!
Yes, finally,the process is on the latest list!
What a big surprise! 2 years of waiting.....
Thanks God!
And
Thanks James.

Hi Enzo,

Great news my friend!

Now you have to fill out the online forms for the Cédula de Identidade Estrangeiro and Registro Nacional de Estrangeiros, round up the documents that requires and pay the two fees, schedule your visit online and then trot off to the DPF again. They say you should have your ID card in 60 day, but that remains to be seen since the changes are so new we don't know yet if they can keep up their end of the bargain. It would be great if you could let us know exactly how long from the time you apply it actually takes to get the card.

Cheers,
James

Thanks, sure I will keep everyone updated .

Don't forget you've got 90 days to apply for the RNE and ID card from the date of publication so you should do so BEFORE Christmas, I doubt the DPF is even open during the Christmas/New Year holiday period. You don't want to risk missing the deadline.

The second list of permanenies granted that has been posted on the Policia Federal website has exactly 26,396 names on it. The first list they came out with was around 6,500 names; so combined that is somewhere around 32,800 BACKLOGGED processes that have clogging the system that have been cleard in just two months. Since I have heard from other members with processes in progress that THEIR name has not yet appeared on the list it is obvious that the backlog has not yet been cleared completely and that a further list (or even lists) will be posted on the DPF site.

God only knows just how many processes are backlogged, but judging from the numbers it must be mind boggling. Given that fact that the Director of the Departmento de Estrangeiros - DEEST at the Ministry of Justice, himself, told me personally that they process around 2000 permanency applications per month, these first two lists represent somewhere around 16.5 months worth of applications. That's pretty scary, nearly a year and a half's worth of applications so far that have been languishing on some bureaucrat's desk in Brasília doing nothing! How many more are there to come, I wonder??? I think that it makes it quite obvious that the MoJ and DPF simply have not been able to handle the responsibility they were given under the old system, these number prove that.

Another scary thought,,, they say that they're going to get you your Cédula de Identidade Estrangeiro - CIE within 60 days of applying. Yeah right!!! I waited almost a year for mine from the time I applied for the ID card. It is impossible to believe that with 32,000 people showing up at DPF delegacias across the nation in a two month period that the Brazilian government (or more accurately the Casa de Moeda, who produces the cards) is going to be able to realistically get the job done in that timeframe. Once they've got this horrendous backlog cleared up, then, maybe then they will be able to. But, right now I just don't see how that is humanly possible.

Cheers,
William James Woodward, Expat-blog Experts Team

There is a new (updated) list of permanency processes granted posted to the DPF website as of 14/oct/2014. Check to see if your process is on it:

http://www.dpf.gov.br/servicos/estrange … definitiva

Do they mail it to you or must you pick it up at the DPF

Nobody has said anything yet. Didn't you ask them at the DPF John? You've always had to pick them up at the DPF in the past and sign for them.

All they said was 2 months but thats it. They didn't say come here for them or they would mail them or anything just 2 months...kkkkk .   I do assume because of past practice that it would be pick them up but you never know this is Manaus and it is Brazil

ABSOLUTELY GOOD CHANGE FOR SPEEDY PROCESSING.
Thank You Very Much WJWoodward for sharing this Important Change.
It is Very Good News for me too.

Hello AKS6226,

Sorry to be the one to burst your bubble, but the new system only applies to permanency applications made here in Brazil.

It will, however, probably speed up the processing of VIPER Permanent Visas done by Consulados abroad a little bit. Right now abroad is much faster than it used to be here anyway, on average 3 - 6 months in other countries.

Thank You wjwoodward for the clarification and information.

Hi Matt. So do I need to apply for my permanent visa before I move there ? I will be retiring like Oct 2015 and selling my home.I will have retirement net check for over the $2000 and I am over 50 years old. I understand this is the requirements of one type of permanent visa. I know on the tourist visa you can only stay 180 days.

Rick,

Check with the Consulado-Geral do Brasil in Houston, to make sure that you can even apply for the VIPER Permanent Visa based on retirement from within Brazil. It may be one that you can only apply for abroad. And actually the financial requirement is R$6000 so that's going to be closer to USD $2500/mo.

Other requirements:  http://www.cgbrasil.org/Templates/Insid … tingId=401

Cheers,
James

Hello,
I was able to go to Policia federal last thursday to get my paperwork finalized without them coming to visit me.
I paid my fees and they got my finger prints and photo's for the RNE which should arrive within 2 months.
I waited around 1 year for the whole process to take place and I visited the Policia federal three times which was a very arduouse experience which I hope will be better now after the changes.
Thanks for updating the latest information which I'm sure will benefit many other people in a similar situation as mine.
Regards.
Ewan Keane