Foreigner’s Statute

Foreigner’s Statute

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It defines the legal situation of foreigners in Brazil, creates the National Immigration Council, and takes other measures.

 

Preamble

THE PRESIDENT OF THE REPUBLIC, I convey that the National Congress decrees and I sanction the following Law:

 

Article 1

In times of peace, any foreigner may, having satisfied the conditions of this Law, enter and remain in Brazil and leave it, safeguarding national interests.

Title I – Application

Article 2

In applying this Law, national security, institutional organization, political, socio-economic and cultural interests of Brazil will be taken into account, as well as the defense of national workers.

Article 3

The granting of the visa, its extension or transformation will always be conditioned to national interests.

Title II – Admission, Entry and Impediment

Chapter I – Admission

Article 4

Foreigners wishing to enter Brazilian territory may be granted visas:
I – transit;
II – tourist;
III – temporary;
IV – permanent;
V – courtesy;
VI – official; and
VII – diplomatic.
Single paragraph. The visa is individual and its granting may be extended to legal dependents, subject to the provisions of article 7.

Article 5

The requirements for obtaining entry visas provided for in this Law will be set out in regulations.

Article 6

The possession or ownership of goods in Brazil does not give foreigners the right to obtain a visa of any kind, or authorization to remain in Brazilian territory.

Article 7

The foreigner will not be granted a visa:
I – under 18 (eighteen) years old, unaccompanied by the legal guardian or without his express authorization;
II – considered harmful to public order or national interests;
III – previously expelled from the country, unless the expulsion has been revoked;
IV – convicted or prosecuted in another country for a felony, liable to extradition under Brazilian law; or
V – that does not satisfy the health conditions established by the Ministry of Health.

Article 8

The transit visa may be granted to foreigners who, in order to reach the destination country, must enter Brazilian territory.
§ 1 The transit visa is valid for a stay of up to 10 (ten) non-extendable days and a single entry.
§ 2 ° A transit visa will not be required for a foreigner on continuous travel, which is only interrupted for the mandatory stopovers of the means of transport used.

Article 9

The tourist visa may be granted to foreigners who come to Brazil for recreational or visiting purposes, thus considering those who do not have an immigration purpose or intend to engage in paid activity.

Article 10

The visa requirement, provided for in the previous article, may be waived for the national tourist of a country that does not provide the Brazilian with identical treatment.
Single paragraph. The reciprocity provided for in this article will, in all cases, be established by means of an international agreement, which will observe the tourist’s stay period established in this Law.

Article 11

The shipping company must verify, when boarding, abroad, the required documentation, being responsible, in the case of irregularity found at the time of entry, for the departure of the foreigner, without prejudice to the provisions of article 124, item VI.

Article 12

The period of validity of the tourist visa will be up to five years, fixed by the Ministry of Foreign Affairs, within reciprocity criteria, and will provide multiple entries into the country, with stays not exceeding ninety days, extendable for the same period, totaling the maximum one hundred and eighty days a year.

Article 13

The temporary visa may be granted to foreigners wishing to come to Brazil:
I – on a cultural trip or on a study mission;
II – on a business trip;
III – as an artist or sportsman;
IV – as a student;
V – as a scientist, teacher, technician or professional of another category, under a contract regime or at the service of the Brazilian Government; and
VI – as a correspondent for a newspaper, magazine, radio, television or foreign news agency.

Article 14

The term of stay in Brazil, in the cases of items II and III of article 13, will be up to 90 (ninety) days, and in the others, except for the provisions of the sole paragraph of this article, the one corresponding to the duration of the mission, of the contract , or the provision of services, proven before the consular authority, observing the provisions of the labor legislation.
Single paragraph. In the case of item IV of article 13, the term will be up to 1 (one) year, extendable, when applicable, upon proof of academic achievement and enrollment.

Article 15

The foreigner referred to in item III or V of article 13 will only be granted a visa if he meets the special requirements established by the National Immigration Council and is a party to an employment contract, endorsed by the Ministry of Labor, except in the case of proven service provision to the Brazilian government.

Article 16

The permanent visa may be granted to foreigners who intend to settle permanently in Brazil.
Single paragraph. Immigration will aim, primarily, to provide specialized labor to the various sectors of the national economy, aiming at increasing productivity, assimilation of technology and fundraising for specific sectors.

Article 17

In order to obtain a permanent visa, the foreigner must satisfy, in addition to the requirements referred to in article 5, the special requirements provided for in the rules for the selection of immigrants established by the National Immigration Council.

Article 18

The granting of a permanent visa may be conditioned, for a period not exceeding 5 (five) years, to the exercise of certain activity and to the establishment in a specific region of Brazilian territory.

Article 19

The Ministry of Foreign Affairs will define the cases in which diplomatic, official and courtesy visas are granted, extended or dispensed.

Article 20

For the granting of a visa, consular fees will be charged, except:
I – those regulated by agreements that grant gratuity;
II – courtesy visas, official or diplomatic;
III – transit, temporary or tourist visas, if granted to holders of diplomatic or service passports.
Single paragraph. The validity for the use of any of the visas is 90 (ninety) days, counted from the date of their granting, and can be extended by the consular authority only once, for the same period, collecting the fees due.

Article 21

If you are a native of a neighboring country, domiciled in a city adjacent to the Brazilian territory, respecting the interests of national security, you may be allowed to enter the municipalities bordering your respective country, provided you present proof of identity.
§ 1 To the foreigner, referred to in this article, who intends to exercise a paid activity or attend an educational establishment in those municipalities, a special document will be provided that identifies and characterizes their condition, and also a Work and Social Security Card, when applicable. .
§ 2 The documents referred to in the previous paragraph do not confer the right of residence in Brazil, nor do they authorize the removal of the territorial limits of those municipalities.

Chapter II – Entry

Article 22

Entry into Brazilian territory will only take place where there is inspection by the competent bodies of the Ministries of Health, Justice and Finance.

Article 23

The carrier or its agent will be responsible, at any time, for the maintenance and other expenses of the passenger on a continuous journey or of the crew member who is not present when leaving the means of transport, as well as for their removal from Brazilian territory.

Article 24

No foreigner from abroad will be able to leave the place of entry and inspection without having their travel document and entry and exit card stamped.

Article 25

The travel ticket of a foreigner who entered the Brazilian territory as a tourist or in transit cannot be redeemed in Brazil without prior authorization from the Ministry of Justice.

Chapter III – Impediment

Article 26

The visa granted by the consular authority constitutes a mere expectation of right, and the entry, stay or registration of the foreigner may be impeded if any of the cases of article 7 occur, or the inconvenience of their presence in Brazilian territory, at the discretion of the Ministry of Justice.
§ 1 The foreigner who has withdrawn from the country without collecting the fine due under this Law, will not be able to re-enter without making his payment, plus monetary correction.
§ 2 The impediment of any member of the family may extend to the entire family group.

Article 27

The transport company is responsible, at any time, for leaving the stowaway and the hindered.
Single paragraph. In the impossibility of the immediate departure of the person prevented or the clandestine, the Ministry of Justice may allow his conditional entry, by means of a term of responsibility signed by the representative of the transport company, which ensures maintenance, fixed the period of stay and the place where he should remain impeded, the clandestine being kept in custody for a maximum period of 30 (thirty) days, renewable for an equal period.

Title III – Asylum Condition

Article 28

The foreigner admitted to Brazilian territory as a political asylum will be subject, in addition to the duties imposed on him by International Law, to comply with the provisions of current legislation and those that the Brazilian Government establishes.

Article 29

The asylum cannot leave the country without prior authorization from the Brazilian government.
Single paragraph. Failure to comply with the provisions of this article will result in renunciation of asylum and will prevent reentry in that condition.

Title IV – Registration and Amendments

Chapter I – Registration

Article 30

The foreigner admitted on a permanent, temporary (article 13, items I, and IV to VI) condition, or asylum seeker is required to register with the Ministry of Justice, within 30 (thirty) days after entry or entry. granting asylum and identifying themselves by the typewriting system, in compliance with regulatory provisions.

Article 31

The foreigner’s name and nationality, for the purpose of registration, will be those contained in the travel document.

Article 32

The holder of a diplomatic, official or courtesy visa, accredited by the Brazilian Government or whose expected period of stay in the country is greater than 90 (ninety) days, must provide his registration with the Ministry of Foreign Affairs.
Single paragraph. The foreigner holding a service passport, official or diplomatic, who has entered Brazil under the visa waiver agreement, must also proceed with the registration mentioned in this article whenever his stay in Brazil must exceed 90 (ninety) days.

Article 33

The registered foreigner will be provided with an identity document.
Single paragraph. The issuance of an identity document, except in cases of asylum or holder of a courtesy visa, official or diplomatic, is subject to the payment of the fee provided for in the Table referred to in article 130.

Chapter II – Extension of the Term of Stay

Article 34

The foreigner who has entered the condition of tourist, temporary or asylum and holders of a courtesy visa, official or diplomatic, may be granted an extension of the period of stay in Brazil.

Article 35

The extension of the tourist’s stay period will not exceed 90 (ninety) days, and may be canceled at the discretion of the Ministry of Justice.

Chapter III – Visa Transformation

Article 36

The visa holder referred to in article 13, item V, may obtain transformation of the visa to permanent (article 16), fulfilling the conditions provided for in this Law and its Regulations.
Single paragraph. In the transformation of the visa, the provisions of article 18 may apply.

Article 37

The legalization of illegal and illegal stays, and the transformation into permanent, transit, tourist, temporary (Article 13, items I to IV and VI) and courtesy visas are prohibited.

Article 38

The holder of a diplomatic or official visa may obtain the transformation of these visas to temporary (article 13, items I to VI) or to permanent (article 16), after hearing the Ministry of Foreign Affairs, and the requirements provided for in this Law and in its Regulations are satisfied.
Single paragraph. The transformation of an official or diplomatic visa into a temporary or permanent one will result in the termination of all prerogatives, privileges and immunities arising from those visas.

Article 39

The request for a visa transformation does not prevent the application of the provisions of article 56, if the foreigner exceeds the legal term of stay in Brazilian territory.
Single paragraph. From the order that denies the transformation of the visa, a reconsideration request may be made in the manner defined in the Regulation.

Article 40

The transformation of visas referred to in articles 36 and 38 will be ineffective if the registration is not made within 90 (ninety) days, counted from the publication, in the Official Gazette, of the granting of the request.

Article 41

The holder of any of the visas defined in articles 8, 9, 10, 13 and 16 may have them transformed into an official or diplomatic visa.

Chapter IV – Alteration of Settlements

Article 42

The foreigner’s name, included in the registration (article 30), may be changed:
I – if it is proven wrong;
II – if it has a pejorative meaning or exposes the holder to ridicule; or
III – if it is difficult to pronounce and understand and can be translated or adapted to the prosody of the Portuguese language.
§ 1 ° The name change request must be accompanied by the documentation provided for in the Regulation and will always be the subject of an investigation into the applicant’s behavior.
§ 2 ° The material errors in the registration will be corrected by letter.
§ 3 ° The alteration resulting from a divorce or divorce obtained in a foreign country will depend on the approval, in Brazil, of the respective sentence.
§ 4 The abbreviated name used by the foreigner as a registered commercial firm or in any professional activity may be registered in the registry.

Article 43

It is incumbent upon the Minister of Justice to authorize the alteration of settlements included in the alien registration.

Chapter V – Updating the Registry

Article 44

The Junta Comercial, when registering a firm in which a foreign participant participates, will send the identification data of the foreigner and those of his identity document issued in Brazil to the Ministry of Justice.
Single paragraph. In the case of a corporation, provision is mandatory in relation to the foreigner who appears in the condition of administrator, manager or director.

Article 45

The Civil Registry Offices will send a copy of the foreigner’s marriage and death records to the Ministry of Justice on a monthly basis.

Article 46

The hotel establishment, the real estate company, the owner, lessor, sublet or tenant of the property and the building superintendent shall send the identification data of the foreigner admitted as a guest, tenant, sublease or resident to the Ministry of Justice.

Article 47

Except as provided in § 1 of article 21, the admission of a foreigner to the service of a public or private entity, or enrollment in an educational establishment of any degree, will only be effective if the same is duly registered (article 30).
Single paragraph. The entities referred to in this article will send to the Ministry of Justice, which will inform the Ministry of Labor, when applicable, the identification data of the foreigner admitted or registered and will communicate, as it occurs, the termination of the employment contract. work, termination or extension, as well as suspension or cancellation of enrollment and completion of the course.

Chapter VI – Cancellation and Reinstatement of Registration

Article 48

Foreigners will have their registration canceled:
I – if they obtain Brazilian naturalization;
II – if expulsion has been ordered;
III – if the Brazilian territory is permanently requested to leave, expressly waiving the right of return provided for in article 50;
IV – if he remains absent from Brazil for a period longer than that provided for in article 50;
V – if the visa transformation referred to in article 41 occurs;
VI – if there is a violation of article 18, article 36, single paragraph, or 98 to 100; and
VII – if temporary or asylum seeker, at the end of the term of his stay in Brazilian territory.
§ 1 The registration may be reestablished, in the cases of item I or II, if the cause of the cancellation ceases, and, in other cases, if the foreigner returns to Brazilian territory with a visa referred to in article 13 or 16, or obtains the transformation provided for in article 38.
§ 2 In the event provided for in item III of this article, the foreigner must deliver the identity document to a foreigner and leave Brazilian territory within 30 (thirty) days.
§ 3 If the request referred to in item III of this article results in exemption from tax or financial burden, the reestablishment of registration will always depend on the prior satisfaction of said charges.

Title V – Departure and Return

Article 49

Exit visas will not be required from foreigners who intend to leave Brazilian territory.
§ 1 ° The Minister of Justice may, at any time, establish the requirement for an exit visa, when internal security reasons advise the measure.
§ 2 ° In the event of the previous paragraph, the act that establishes the requirement will provide for the validity of the visa and the conditions for granting it.
§ 3 The asylum seeker must observe the provisions of article 29.

Article 50

The foreigner registered as permanent, who leaves Brazil, may return regardless of visa if he does so within 2 (two) years.
Single paragraph. The proof of the date of departure, for the purposes of this article, will be made by the annotation affixed, by the competent body of the Ministry of Justice, on the foreigner’s travel document, at the moment the same leaves Brazilian territory.

Article 51

The foreigner registered as temporary, who is absent from Brazil, can return regardless of new visa, if he does so within the validity period of his stay in Brazilian territory.

Article 52

The foreigner holding a tourist consular visa, who is absent from Brazil, may return independently of a new visa, if he does so within the period of stay, in Brazilian territory, fixed in the visa.

Title VI – Travel Document for Foreigners

Article 53

REVOKED BY LAW No. 9,076, OF JULY 10, 1995

Article 54

Passports for foreigners may be granted:
I – in Brazil:
a) stateless persons and those of indefinite nationality;
b) a national of a country that does not have diplomatic or consular representation in Brazil, nor a representative of another country in charge of protecting it;
c) asylum seeker or refugee, as admitted in Brazil.
II – in Brazil and abroad, to the spouse or widow of a Brazilian who has lost his original nationality due to marriage.
Single paragraph. The granting of a passport, in the case of letter b, of item I, of this article, will depend on prior consultation with the Ministry of Foreign Affairs.

Article 55

The laissez-passer may be granted, in Brazil or abroad, to a foreigner with a travel document issued by a government not recognized by the Brazilian Government, or not valid for Brazil.
Single paragraph. The granting, abroad, of a laissez-passer to a foreigner registered in Brazil as permanent, temporary or asylum, will depend on a prior hearing of the Ministry of Justice.

Title VII – Deportation

Article 56

In cases of irregular entry or stay of a foreigner, if the foreigner does not voluntarily withdraw from Brazilian territory within the period established in the Regulation, his deportation will be promoted.
§ 1 The foreigner who violates the provisions of articles 21, § 2, 24, 36, sole paragraph, 97 to 100, § 1 or 2 of article 103 or article 104 will also be deported.
§ 2 As long as it is convenient to national interests, the deportation shall take place regardless of the fixing of the term referred to in the caput of this article.

Article 57

Deportation will consist of the compulsory departure of the foreigner.
Single paragraph. Deportation will take place to the country of the foreigner’s nationality or origin, or to another that consents to receive it.

Article 58

If the carrier is not responsible for the expenses with the withdrawal of the foreigner, nor can the third party be responsible for it, they will be borne by the National Treasury.

Article 59

The foreigner may be exempt from any penalties related to irregular entry or stay in Brazil or formalities whose compliance may make deportation difficult.

Article 60

The foreigner, pending deportation, may be taken to prison by order of the Minister of Justice, for a period of 60 (sixty) days.
Single paragraph. Whenever it is not possible, within the period provided for in this article, to determine the identity of the deportee or obtain a travel document to promote his withdrawal, the prison may be extended for an equal period, after which he will be released , applying the provisions of article 72.

Article 61

If deportation is not feasible or when there are serious signs of dangerousness or undesirability of the foreigner, he will be expelled.

Article 62

Deportation will not be carried out if it implies extradition inadmissible under Brazilian law.

Article 63

The deportee will only be able to re-enter Brazilian territory if he reimburses the National Treasury, with monetary correction, for the expenses with his deportation and makes, if applicable, the payment of the fine due at the time, also corrected.

Title VIII – Expulsion

Article 64

Any foreigner who, in any case, violates national security, political or social order, public tranquility or morality and the popular economy, or whose procedure makes it harmful to national convenience and interests, is liable to expulsion.
Single paragraph. Foreigners may also be expelled if they:
a) commit fraud in order to obtain their entry or stay in Brazil;
b) having entered Brazilian territory in breach of the law, not to withdraw from it within the period determined to do so, deportation being not advisable;
c) indulging in vagrancy or begging; or
d) disrespect the prohibition specially provided by law for foreigners.

Article 65

It will be exclusively up to the President of the Republic to decide on the convenience and the opportunity of the expulsion or its revocation.
Single paragraph. The expulsion order or its revocation will be made by decree.

Article 66

As long as it is convenient to the national interest, the expulsion of the foreigner may take place, even if there is a process or a conviction has occurred.

Article 67

The organs of the Public Prosecution Service will send the Ministry of Justice, by letter, up to 30 (thirty) days after the final decision, a copy of the condemnatory sentence of a foreign author of a willful crime or any crime against national security, the political or social order , the popular economy, morality or public health, as well as the criminal record sheet in the case file.
Single paragraph. The Minister of Justice, having received the documents mentioned in this article, will determine the initiation of an investigation for the expulsion of the foreigner.

Article 68

The Minister of Justice may, at any time, determine the imprisonment, for 90 (ninety) days, of the foreigner submitted to the expulsion process and, to conclude the investigation or ensure the execution of the measure, extend it for an equal period.
Single paragraph. In the event of a measure brought before the Judiciary that temporarily suspends the execution of the expulsion act, the term of imprisonment referred to in the final part of the caput of this article will be interrupted, until the final decision of the Court to which the deed is submitted.

Article 69

It is incumbent upon the Minister of Justice, ex officio or accepting a reasoned request, to determine the initiation of an investigation for the expulsion of the foreigner.

Article 70

In cases of violations against national security, the political or social order and the popular economy, as well as in cases of trade, possession or facilitation of the misuse of a narcotic substance or that determines physical or psychological dependence, or disrespect to the prohibition specially provided for in law for foreigners, the investigation will be summary and will not exceed the period of 15 (fifteen) days, within which it is ensured when expelling the right of defense.

Article 71

Except for the cases provided for in the previous article, a reconsideration request may be made within 10 (ten) days, counting from the publication of the expulsion decree, in the Federal Official Gazette.

Article 72

The foreigner, whose imprisonment does not become necessary, or whose term has expired, will remain under probation, in a place designated by the Ministry of Justice, and will keep the rules of behavior that are established.
Single paragraph. Failure to comply with any of the rules established in accordance with the provisions of this article or the following, the Minister of Justice, at any time, may determine the administrative arrest of the foreigner, whose term shall not exceed 90 (ninety) days.

Article 73

The Minister of Justice may modify, on his own or on request, the rules of conduct imposed on the foreigner and designate another place for his residence.

Article 74

Expulsion will not proceed if it involves extradition that is not permitted under Brazilian law.

Title IX – Extradition

Article 75

Extradition may be granted when the requesting government is based on a convention, treaty or when it promises reciprocity to Brazil.

Article 76

Extradition will not be granted when:
I – it is a Brazilian, unless the acquisition of that nationality occurs after the fact that motivates the request;
II – the fact that motivating the request is not considered a crime in Brazil or in the requesting State;
III – Brazil is competent, according to its laws, to judge the crime attributed to the extradited person;
IV – Brazilian law imposes a prison sentence of 1 (one) year or less on crime;
V – the extradited person is responding to proceedings or has already been convicted or acquitted in Brazil for the same fact as the request is founded;
VI – the punishment for the prescription under Brazilian law or that of the requesting State is extinguished;
VII – the fact constitutes a political crime; and
VIII – the extradited person will have to answer, in the requesting State, before an exceptional Court or Court.
§ 1 ° The exception of item VII will not prevent extradition when the fact constitutes, mainly, an infraction of the common criminal law, or when the common crime, related to the political crime, constitutes the main fact.
Paragraph 2 – The Supreme Federal Court will be exclusively responsible for assessing the nature of the infraction.
§ 3 ° The Supreme Federal Court may refrain from considering attacks on Heads of State or any authorities as political crimes, as well as acts of anarchism, terrorism, sabotage, kidnapping, or that imply war propaganda or violent processes to subvert the political or social order.

Article 77

The conditions for granting extradition are:
I – it was a crime committed in the territory of the requesting State or be applicable to the extradition of the criminal laws of that State; and
II – there is a final sentence of deprivation of liberty, or the arrest of the extradited person is authorized by a judge, court or competent authority of the requesting State, except as provided in article 81.

Article 78

When more than one State requests the extradition of the same person, for the same fact, preference will be given to the request of the one in whose territory the offense was committed.
§ 1 In the case of various crimes, the following will be preferred:
I – the requesting State in whose territory the most serious crime has been committed, according to Brazilian law;
II – the person who first requested the delivery of the extradited person, if the gravity of the crimes is identical; and
III – the State of origin, or, failing that, the domicile of the extradited person, if the requests are simultaneous.
§ 2 In the unforeseen cases, the Brazilian Government will decide on the preference.
§ 3. If there is a treaty or convention with any of the requesting States, its rules will prevail with respect to the preference referred to in this article.

Article 79

Extradition will be requested through diplomatic channels or, in the absence of a diplomatic agent from the State requesting it, directly from Government to Government, and the request must be accompanied by an authentic copy or a certificate of the condemnatory sentence, of the indictment or of the decree. preventive detention, issued by a judge or competent authority. This document or any other that joins the request will contain precise indications about the place, date, nature and circumstances of the criminal act, the identity of the extradited person, as well as a copy of the legal texts on the crime, the penalty and its prescription.
§ 1 The forwarding of the request through diplomatic channels confers authenticity to the documents.
Paragraph 2. If there is no treaty or convention that provides otherwise, the documents indicated in this article will be accompanied by a version officially made for the Portuguese language in the requesting State.

Article 80

Extradition will be requested through diplomatic channels or, when provided for in a treaty, directly to the Ministry of Justice, and the request must be accompanied by an authentic copy or certificate of the condemnatory sentence or criminal decision issued by a competent judge or authority.

  • 1 The request must be accompanied by precise indications about the place, date, nature and circumstances of the criminal fact, the identity of the extradited person and, also, a copy of the legal texts on the crime, jurisdiction, penalty and prescription .

Paragraph 2. The forwarding of the request by the Ministry of Justice or through diplomatic channels confers authenticity to the documents.

  • 3 The documents indicated in this article will be accompanied by a version made officially for the Portuguese language. ” (NR)

Article 81

The request, after examining the presence of the formal assumptions of admissibility required in this Law or in a treaty, will be forwarded by the Ministry of Justice to the Supreme Federal Court.

Single paragraph. If the assumptions referred to in the caput are not fulfilled, the request will be filed through a reasoned decision by the Minister of State for Justice, without prejudice to the renewal of the request, duly instructed, once the identified obstacle is overcome. ” (NR)

Article 82

The State interested in extradition may, in an emergency and before formalizing the extradition request, or jointly with the extradition request, request the precautionary arrest of the extradited through diplomatic channels or, when provided for in a treaty, the Ministry of Justice, which, after examination the presence of the formal admissibility presuppositions required in this Law or in a treaty, it will represent the Supreme Federal Court.

Paragraph 1. The request for provisional arrest shall notify the crime committed and must be substantiated, and may be submitted by mail, fax, electronic message or any other means that ensures written communication.

Paragraph 2. The request for precautionary detention may be submitted to the Ministry of Justice through the International Criminal Police Organization (Interpol), duly instructed with supporting documentation for the existence of an arrest order issued by a foreign State.

Paragraph 3. The foreign State must, within 90 (ninety) days from the date on which the extradite’s arrest has been notified, formalize the request for extradition.

  • 4 If the request is not formalized within the period provided for in § 3, the extradited person must be released, and a new request for a provisional arrest for the same fact is not allowed without the extradition having been duly requested. ” (NR)

Article 83

After the arrest of the extradited (Article 80), the request will be forwarded to the Supreme Federal Court.
Single paragraph. The prison will last until the final judgment of the Supreme Federal Court, with probation, house arrest, or hostel-prison being not allowed.

Article 84

Upon receipt of the request, the Rapporteur will designate the date and time for the interrogation of the extradited person and, as the case may be, will give him a curator or lawyer, if he does not have it, running the interrogation within 10 (ten) days for the defense .
§ 1 The defense will deal with the identity of the person claimed, the defect in the form of the documents presented or the illegality of the extradition.
Paragraph 2. If the process is not properly investigated, the Court, at the request of the Attorney General of the Republic, may convert the judgment into a diligence to remedy the fault within the non-extendable period of 60 (sixty) days, after which the request will be judged regardless of diligence.
§ 3 The term referred to in the previous paragraph shall run from the date of the notification that the Ministry of Foreign Affairs makes to the Diplomatic Mission of the requesting State.

Article 85

Once extradition is granted, the fact communicated through the Ministry of Foreign Affairs to the Diplomatic Mission of the requesting State, which, within 60 (sixty) days of the communication, must remove the extradite from Brazilian territory.

Article 86

If the requesting State does not remove the extradited person from Brazilian territory within the term of the previous article, he will be released, without prejudice to responding to the expulsion process, if the reason for the extradition recommends it.

Article 87

If extradition is denied, a new request based on the same fact will not be admitted.

Article 88

When the extradited person is being prosecuted, or has been convicted, in Brazil, for a crime punishable by deprivation of liberty, extradition will be carried out only after the conclusion of the process or the completion of the sentence, except, however, the provisions of article 66.
Single paragraph. The delivery of the extradited person will also be postponed if the implementation of the measure endangers his life because of a serious illness confirmed by an official medical report.

Article 89

The Government may deliver the extradited person even if he responds to the process or is convicted of a misdemeanor.

Article 90

Delivery will not take place without the requesting State making a commitment:
I – that the extradite will not be arrested or prosecuted for facts prior to the request;
II – to compute the prison time that, in Brazil, was imposed due to extradition;
III – commuting from corporal punishment to death or corporal punishment, except for the latter, in cases where Brazilian law allows its application;
IV – that the extradite is not handed over, without Brazil’s consent, to another State that claims it; and
V – not to consider any political reason, to aggravate the penalty.

Article 91

The delivery of the extradited person, in accordance with Brazilian law and respecting the right of a third party, will be made with the objects and instruments of crime found in his possession.
Single paragraph. The objects and instruments referred to in this article may be delivered regardless of the extradited person’s delivery.

Article 92

The extradited person who, after being surrendered to the requesting State, escapes the action of the Justice and becomes a resident in Brazil, or transits through it, will be detained upon request made directly through diplomatic channels, and again delivered without further formalities.

Article 93

Except for reasons of public order, the Minister of Justice may allow persons extradited by foreign states to transit Brazilian territory, as well as the respective guard, upon presentation of supporting documents for granting the measure.

Title X – Foreigner Rights and Duties

Article 94

Foreigners residing in Brazil enjoy all the rights recognized to Brazilians, under the terms of the Constitution and the laws.

Article 95

Whenever required by any authority or its agent, the foreigner must show proof of his legal stay in Brazilian territory.
Single paragraph. For the purposes of this article and articles 42, 44, 46 and 47, the document must be presented in the original.

Article 96

The exercise of paid activity and enrollment in an educational establishment are allowed to the foreigner with the restrictions established in this Law and in its Regulation.

Article 97

The foreigner who is in Brazil under the protection of a tourist, transit or temporary visa referred to in article 13, item IV, as well as dependents of holders of any temporary visas are prohibited from engaging in paid activity. The holder of a temporary visa referred to in article 13, item VI, is prohibited from engaging in paid activity by a Brazilian source.

Article 98

Foreigners holding temporary visas and those who are in Brazil under the condition of article 21, paragraph 1, are prohibited from establishing themselves with an individual firm, or exercising the position or function of administrator, manager or director of a commercial or civil society, as well as how to enroll in an entity that supervises the exercise of a regulated profession.

Article 99

The foreigner admitted on a temporary basis, under a contract regime, can only exercise activity with the entity for which he was hired, in the opportunity of granting the visa, unless expressly authorized by the Ministry of Justice, after hearing the Ministry of Labor.

Article 100

The foreigner admitted under the terms of article 18, or of article 36, sole paragraph, for the performance of a certain professional activity, and the establishment in a specific region, cannot, within the period established in the opportunity of granting or transforming the visa, change of address or professional activity, or exercise it outside that region, except in exceptional cases, with prior authorization from the Ministry of Justice, after hearing the Ministry of Labor, when necessary.

Article 101

The registered foreigner is obliged to inform the Ministry of Justice of the change in his domicile or residence, and must do so within 30 (thirty) days immediately following its completion.

Article 102

The foreigner who acquires a nationality different from the one in the registration (article 30), must, within the next 90 (ninety) days, request the registration of the new nationality in their settlements.

Article 103

The holder of a courtesy, official or diplomatic visa may only exercise remunerated activity in favor of the foreign State, international organization or agency of an intergovernmental character whose service is in the country, or the Brazilian Government or entity, by means of an international instrument signed with another Government that ends specific clause on the subject.
§ 1 The employee with a courtesy visa may only exercise paid activity for the private service of a holder of a courtesy, official or diplomatic visa.
§ 2 The mission, organization or person, whose service the servant is in, is responsible for his / her departure from Brazilian territory, within 30 (thirty) days, counting from the date on which the employment relationship ceases, under penalty of deportation. the same.
§ 3. The holder of any of the visas referred to in this article does not apply the provisions of Brazilian labor law.

Article 104

A foreigner who has entered Brazil as a tourist or in transit is prohibited from engaging as a crew member in a Brazilian port, except in a ship flying his country, for a non-round trip, at the request of the carrier or his agent, upon authorization Ministry of Justice.

Article 105

Foreigners are prohibited from:
I – being the owner, shipowner or commander of a national vessel, including in river and lake navigation services;
II – be the owner of a journalistic company of any kind, and of television and broadcasting companies, a partner or shareholder of a company that owns these companies;
III – be responsible, intellectual or administrative advisor to the companies mentioned in the previous item;
IV – obtain a concession or authorization for research, prospecting, exploration and use of deposits, mines and other mineral resources and hydraulic energy potentials;
V – be the owner or operator of a Brazilian aircraft, except as provided for in specific legislation;
VI – be a broker for ships, public funds, auctioneer and customs broker;
VII – participate in the administration or representation of a trade union or professional association, as well as an inspection body for the exercise of a regulated profession;
VIII – be practical in bars, ports, rivers, lakes and channels;
IX – to own, maintain or operate, even as an amateur, a radio broadcasting, radio-telegraphy and similar apparatus, except for reciprocity of treatment; and
X – provide religious assistance to the Armed and auxiliary forces, as well as to collective detention facilities.
§ 1 The provision in item I of this article does not apply to national fishing vessels.
§ 2º To the Portuguese, in the enjoyment of the rights and obligations provided for in the Equality Statute, he is only defended:
a) to assume the responsibility and the intellectual and administrative guidance of the companies mentioned in item II of this article;
b) be the owner, shipowner or commander of a national vessel, including river and lake navigation, except as provided in the previous paragraph; and
c) provide religious assistance to the Armed Forces and auxiliaries.

Article 106

The foreigner admitted to the Brazilian territory cannot exercise political activity, nor interfere, directly or indirectly, in the public affairs of Brazil, being especially forbidden to him:
I – to organize, create or maintain society or any political entities, even that have as their end only the propaganda or the diffusion, exclusively among compatriots, of ideas, programs or norms of action of political parties of the country of origin;
II – exercise individual action, with or without compatriots, in order to obtain, through coercion or constraint of any nature, adherence to ideas, programs or rules of action of political parties or factions of any country;
III – organize parades, marches, rallies and meetings of any nature, or participate in them, for the purposes referred to in items I and II of this article.
Single paragraph. The provision in the caput of this article does not apply to the Portuguese beneficiary of the Equality Statute to whom the enjoyment of political rights has been recognized.

Article 107

Foreigners are permitted to associate for cultural, religious, recreational, charitable or assistance purposes, affiliate with social and sports clubs, and any other entities with the same purpose, as well as participate in commemorative meetings of national dates or events of patriotic significance.
Single paragraph. The entities mentioned in this article, if constituted by more than half of foreign associates, can only operate with authorization from the Minister of Justice.

Article 108

The entity that has obtained registration through a false declaration of its purposes, or that starts, after registering, to exercise prohibited activities, will have summarily canceled its registration by the Minister of Justice, and its operation will be suspended until it is judicially dissolved.

Article 109

The Minister of Justice may, whenever he considers it convenient to national interests, prevent the holding, by foreigners, of conferences, congresses and artistic or folkloric exhibitions.

Title XI – Naturalization

Chapter I – Conditions

Article 110

The granting of naturalization in the cases provided for in article 145, item II, paragraph b, of the Constitution, is the exclusive power of the Executive Branch and will be made by order of the Minister of Justice.

Article 111

The conditions for granting naturalization are:
I – civil capacity, according to Brazilian law;
II – be registered as permanent in Brazil;
III – continuous residency in Brazilian territory, for a minimum period of 4 (four) years, immediately prior to the application for naturalization;
IV – read and write the Portuguese language, considering the conditions of naturalizing;
V – exercise of profession or possession of goods sufficient to maintain one’s own and family;
VI – good procedure;
VII – inexistence of denunciation, pronouncement or condemnation in Brazil or abroad for intentional crime to which the minimum sentence of imprisonment, abstractly considered, exceeds 1 (one) year; and
VIII – good health.
Paragraph 1. At any time, the ideological or material falsity of any of the requirements required in this article or in articles 112 and 113 of this Law is verified, the naturalization act will be declared null without prejudice to the appropriate criminal action for the infraction committed.
Paragraph 2. The declaration of nullity referred to in the previous paragraph shall be processed administratively, in the Ministry of Justice, by letter or by reasoned representation, granted to the naturalized, for defense, the term of 15 (fifteen) days, counted from the notification.

Article 112

The residence period established in article 111, item III, may be reduced if the naturalized person fulfills any of the following conditions:
I – having a Brazilian child or spouse;
II – be the son of a Brazilian;
III – having provided or may provide relevant services to Brazil, at the discretion of the Minister of Justice;
IV – recommend yourself for your professional, scientific or artistic ability; or
V – be the owner, in Brazil, of immovable property, the value of which is at least 1,000 (thousand) times the Highest Reference Value; or be an industrialist with funds of equal value; or hold a quota or paid-in shares of at least the same amount, in commercial or civil society, destined, principally and permanently, for the exploitation of industrial or agricultural activity.
Single paragraph. The residency will be, at least, 1 (one) year, in the cases of items I to III; 2 (two) years, in the case of item IV; and 3 (three) years, in item V.

Article 113

The residency requirement will be waived, requiring only a stay in Brazil for 30 (thirty) days, when dealing with:
I – foreign spouse who has been married for more than 5 (five) years with an active Brazilian diplomat; or
II – from a foreigner who, employed in a Diplomatic Mission or in a Consular Office in Brazil, has more than 10 (ten) years of uninterrupted services.

Article 114

The foreigner who intends naturalization must apply to the Minister of Justice, declaring: full name, naturalness, nationality, affiliation, sex, marital status, day, month and year of birth, profession, places where he has previously resided in Brazil and abroad, it satisfies the requirement referred to in article 111, item VII and whether or not it wishes to translate or adapt its name to the Portuguese language.
Single paragraph. Any change of name or first name, after naturalization, only by exception and motivated will be allowed, with the authorization of the Minister of Justice.

Article 115

The foreigner admitted to Brazil during the first 5 (five) years of life, permanently established in Brazilian territory, may, as a minor, request the Minister of Justice, through his legal representative, to issue a provisional naturalization certificate, which will be valid as proof of Brazilian nationality until 2 (two) years after reaching the age of majority.
Single paragraph. Naturalization will become final if the holder of the provisional certificate, up to 2 (two) years after reaching the age of majority, expressly confirms his intention to remain Brazilian, in an application addressed to the Minister of Justice.

Article 116

The request referred to in article 114, addressed to the Minister of Justice, will be submitted, in the Federal District, States and Territories, to the competent body of the Ministry of Justice, which will proceed with the inquiry into the previous life of the naturalized person and give an opinion on the convenience of naturalization.

Article 117

Once the file has been received by the director of the competent body of the Ministry of Justice, he may determine, if necessary, other measures. In any event, the process must be submitted, with opinion, to the Minister of Justice.
Single paragraph. The head of the competent body of the Ministry of Justice will determine the filing of the request, if naturalizing it does not satisfy, as the case may be, any of the conditions provided for in article 111 or 115, with reconsideration of that order being in order; if the filing is maintained, the naturalizer may appeal to the Minister of Justice; in both cases, the term is 30 (thirty) days from the publication of the act.

Article 118

Published in the Official Gazette the naturalization ordinance, it will be filed with the competent body of the Ministry of Justice, which will issue a certificate related to each naturalization, which will be delivered in the form established in the Regulation.
Single paragraph. Naturalization will be ineffective if the certificate is not requested by the naturalizing person, within 12 (twelve) months, counted from the date of publication of the act, except for duly proven reasons of force majeure.

Article 119

In the course of the naturalization process, any of the people may challenge it, provided that it does so reasonably.

Article 120

The satisfaction of the conditions provided for in this Law does not guarantee foreigners the right to naturalization.

Chapter II – Effects of Naturalization

Article 121

Naturalization, except in the case of article 115, will only take effect after the certificate is delivered and gives naturalized citizens the enjoyment of all civil and political rights, except those that the Federal Constitution attributes exclusively to the born Brazilian.

Article 122

Naturalization does not imply the acquisition of Brazilian nationality by the spouse and children of the naturalized person, nor does it authorize them to enter or settle in Brazil without meeting the requirements of this Law.

Article 123

Naturalization does not extinguish the civil or criminal liability to which naturalization was previously subject in any other country.

Title XII – Infractions, Penalties and their Procedure

Chapter I – Infractions and Penalties

Article 124

It constitutes an infraction, subjecting the offender to the penalties set forth here:
I – entering Brazilian territory without being authorized (clandestine):
Penalty: deportation.
II – linger in Brazilian territory after the legal stay period has expired:
Penalty: fine of one tenth of the Highest Reference Value, per excess day, up to a maximum of 10 (ten) times the Highest Reference Value, and deportation , if it does not come out within the deadline.
III – fail to register with the competent body, within the period established in this Law (article 30):
Penalty: fine of one tenth of the Greatest Reference Value, per day of excess, up to a maximum of 10 (ten) times the Greatest Reference value.
IV – fail to comply with the provisions of articles 95, 101 and 102:
Penalty: fine of 2 (two) to 10 (ten) times the Highest Reference Value.
V – leave the transport company to attend maintenance or promote the removal of the illegal territory or the impeded from Brazilian territory (article 27):
Penalty: fine of 30 (thirty) times the Highest Reference Value, per foreigner.
VI – transport to foreign Brazil without documentation in order:
Penalty: fine of 10 (ten) times the Highest Reference Value, for foreigners and their withdrawal from Brazilian territory.
VII – employ or maintain in your foreign service in an irregular situation or prevented from exercising remunerated activity:
Penalty: fine of 30 (thirty) times the Highest Reference Value, per foreigner.
VIII – infringe the provisions of articles 21, § 2, 24, 97, 103, § 1 or 2 and 104:
Penalty: deportation.
IX – infringe the provisions of article 25:
Penalty: fine of 5 (five) times the Highest Reference Value for the rescuer and deportation abroad.
X – breach the provisions of articles 18, 36, single paragraph, or 98 to 100:
Penalty: cancellation of registration and deportation.
XI – violate the provisions of article 105 or 106:
Penalty: imprisonment from 1 (one) to 3 (three) years and expulsion.
XII – introducing a clandestine foreigner or concealing clandestine or irregular:
Penalty: imprisonment from 1 (one) to 3 (three) years and, if the offender is a foreigner, expulsion.
XIII – make a false declaration in the process of visa transformation, registration, alteration of settlements, naturalization, or to obtain a passport for a foreigner, laissez-passer, or, when required, exit visa:
Penalty: imprisonment of 1 (one) to 5 (five) years and, if the offender is a foreigner, expulsion.
XIV – breach the provisions of articles 44 to 47:
Penalty: fine of 5 (five) to 10 (ten) times the Highest Reference Value.
XV – infringe the provisions of article 26, § 1 or 63:
Penalty: deportation and, in the case of recidivism, expulsion.
XVI – breach or fail to observe any provision of this Law or its Regulation for which no special sanction is
imposed : Penalty: fine of 2 (two) to 5 (five) times the Highest Reference Value.
Single paragraph. The penalties provided for in item XI, also apply to the directors of the entities referred to in item I of article 106.

Article 125

The fines provided for in this Chapter, in cases of recurrence, may have the respective values ​​increased from double to five times.

Chapter II – The Procedure for Investigating Infringements

Article 126

The infraction punished with a fine will be determined in an administrative proceeding, which will be based on the respective record, as provided in the Regulations.

Article 127

In the case of article 124, items XI to XIII, the Code of Criminal Procedure will be observed and, in cases of deportation and expulsion, the provisions of Titles VII and VIII of this Law, respectively.

Title XIII – General and Transitional Provisions

Article 128

The National Immigration Council is created, linked to the Ministry of Labor, which will be responsible, in addition to the duties contained in this Law, to guide, coordinate and supervise immigration activities.
§ 1 The National Immigration Council will be composed of a representative from the Ministry of Labor, who will preside over it, one from the Ministry of Justice, one from the Ministry of Foreign Affairs, one from the Ministry of Agriculture and one from the Ministry of Health, appointed by the President of the Republic, by indication of the respective Ministers of State.
§ 2 The General Secretariat of the National Security Council will maintain an observer with the National Immigration Council.
§ 3 The Executive Branch will provide for the structure and functioning of the National Immigration Council.
Single paragraph. (Vetoed).

Article 129

The Executive Branch is authorized to sign international agreements by which, observing the principle of reciprocity of treatment for Brazilians and respecting national convenience and interests, the conditions for granting, gratuitous, exempt or exempting visas provided for in this Law are established.

Article 130

The Table of Consular Fees and Fees that make up this Law is hereby approved.
§ 1 The amounts of fees included in the table will have an annual adjustment in the same proportion as the reference value coefficient.
§ 2 The Minister of Foreign Affairs is authorized to approve, by means of an Ordinance, the revision of the values ​​of the consular fees, taking into account the exchange rate of the gold cruise with the main freely convertible currencies.

Article 131

The Minister of Justice is authorized to institute a single model of Identity Card for foreigners, with temporary or permanent visa, which will be valid throughout the Brazilian territory and replace the identity cards in force.
Single paragraph. As long as the ballot referred to in this article is not created, the following will remain valid:
I – the Identity Cards issued based on article 135 of Decree no. 3,010, of August 20, 1938, as well as the certificates referred to in § 2, of article 149, of the same Decree; and
II – those issued and those that are, based on Decree-Law no. 670, of July 3, 1969, and in articles 57, § 1, and 60, § 2, of Decree no. 66,689, of June 11, 1970.

Article 132

The Executive Branch is authorized to sign, with the States of which foreigners who are in an illegal situation in Brazil are nationals, bilateral agreements by virtue of which such situation is regularized, provided that:
I – the regularization is adjusted to the conditions listed in article 18; and
II – the benefited foreigners:
a) have entered Brazil before December 31, 1978;
b) satisfy the conditions listed in article 7; and
c) request the regularization of their situation within the non-extendable period of 90 (ninety) days from the entry into force of the agreement.
Single paragraph. The agreements referred to in this article must necessarily include consideration for which the State of which the foreigners who benefit are nationals undertakes to:
I – strictly control emigration to Brazil;
II – to bear, under conditions to be adjusted, with the transportation costs arising from the deportation of its nationals;
III – provide financial and technical cooperation to the settlement, pursuant to Article 18, of its nationals who, by virtue of the agreement, have regularized their stay in Brazil.

Article 133

The foreigner who is residing in Brazil in the condition provided for in article 26 of Decree-Law no. 941, of October 13, 1969, must, to continue to reside in Brazilian territory, request permanence to the competent body of the Ministry of Justice within the period of 90 (ninety) non-extendable days, counting from the date of entry into force of this Law.
Single paragraph. The authorization mentioned in article 17 of this Law will be independent from the satisfaction of the special requirements referred to in article 17 of this Law.

Article 134

If the foreigner entered Brazil until August 20, 1938, the date of Decree no. 3,010, as long as he has maintained continuous residency in Brazilian territory, as of that date, and proves his qualification, including nationality, he may request permanence from the competent body of the Ministry of Justice, observing the provisions of the sole paragraph of the previous article.

Article 135

The provisions of this Law apply to naturalization requirements in progress at the Ministry of Justice.
Single paragraph. Naturalization certificates issued up to the date of publication of this Law will be delivered in the manner provided for in Decree-Law no. 941, of October 13, 1969, and in its Regulation, in Decree no. 66,689, of June 11, 1970, with the changes introduced by Law no. 6,262, of November 18, 1975.

Article 136

This Law will come into force on the date of its publication, the provisions to the contrary being revoked, especially Decree-Law no. 406, of May 4, 1938; Article 69 of Decree-Law no. 3,688, of October 3, 1941; Decree-Law no. 5,101, of December 17, 1942; Decree-Law no. 7,967, of September 18, 1945; Decree-Law no. 417, of January 10, 1969; Decree-Law no. 941, of October 13, 1969; Article 2 of Law no. 5,709, of October 7, 1971, and Law no. 6,262, of November 18, 1975.

Decree XIV – DECREE No. 86,715 – OF DECEMBER 10, 1981

Article 1

This Decree regulates the legal status of foreigners in Brazil, as defined in Law No. 6,815, of August 19, 1980, and provides for the composition and powers of the National Immigration Council.

Title I – Admission, Entry and Impediment

Chapter I – Admission

Section I – Consular Visa

Article 2

The foreigner’s admission to the national territory will be made through the granting of a visa:
I – transit;
II – tourist;
III – temporary;
IV – permanent;
V – courtesy;
VI – official; and
VII – diplomatic.
§ 1 Visas will be granted abroad, by Diplomatic Missions, Consular Career Offices, Vice-Consulates and, when authorized by the Secretary of State for Foreign Affairs, by Honorary Consulates.
§ 2 The Consular Career Office, the Vice-Consulate and the Honorary Consulate can only grant courtesy, official and diplomatic visas, when authorized by the Secretary of State for Foreign Affairs.
§ 3 In the event of suspension of diplomatic and consular relations, visas for entry into Brazil may be granted by Diplomatic Mission or Consular Office of the country in charge of Brazilian interests.

Article 3

The granting of a visa may be extended to a legal dependent of the foreigner, provided the requirements of article 5 are met and the dependency is proven.
Single paragraph. Proof of dependency will be made through the respective official certificate or, in the impossibility of presenting it, by suitable document, at the discretion of the consular authority.

Article 4

The stateless person, in order to obtain a visa, must present, in addition to the documents required in this Regulation, official proof that he / she may return to the country of residence or origin, or enter another country, unless impediment assessed by the Ministry of Foreign Affairs.

Article 5

The foreigner will not be granted a visa:
I – under 18 (eighteen) years old, unaccompanied by the legal guardian or without his express authorization;
II – considered harmful to public order or national interests;
III – previously expelled from the country, unless the expulsion has been revoked;
IV – convicted or prosecuted in another country for a felony, liable to extradition under Brazilian law, or
V – that does not satisfy the health conditions established by the Ministry of Health.
Single paragraph. In the event of a visa refusal, in the cases provided for in items II and V of this article, the consular authority shall note the qualification data available to it and communicate the reason for the refusal to the Secretariat of State for Foreign Affairs, which, in this regard, will circulate the all Brazilian consular authorities abroad and will inform the Federal Police Department of the Ministry of Justice and the Immigration Secretariat of the Ministry of Labor.

Article 6

The consular authority, when granting a visa, will state, in the travel document of the interested party, the validity period for its use.

Article 7

The consular authority shall examine, by all means at its disposal, the authenticity and legality of the documents submitted to it.
Single paragraph. The documents that instruct the visa applications must be submitted in Portuguese, also admitted in English, French and Spanish.

Article 8

The visa is individual and as many visas as the beneficiaries will be affixed to the travel document.
§ 1 The visa application will be made by the interested party in a specific form.
§ 2 The request will concern only one person, admitting the inclusion of minors under 18 (eighteen) years of age in the form of one of the parents, when traveling in their company.

Article 9

When granting a visa, the consular authority will note, in the travel document, its classification and the period of stay of the foreigner in Brazil.
Single paragraph. In cases of granting a temporary or permanent visa, the said authority shall deliver a certified copy of the respective application form to the foreigner, for the purposes provided for in § 7 of article 23, § 2 of article 27 and § 1 of article 58.

Article 10

The foreigner, born in a neighboring country, may be admitted to Brazil, subject to the provisions of article 37.

Article 11

The passport, or equivalent document, cannot be issued if it is not valid for Brazil.
Single paragraph. Laissez passer, safe-conduct, re-entry permit and other travel documents issued by a foreign government or international body recognized by the Brazilian government are considered equivalent to a passport.

Article 12

The type of foreign passport, the position or function of its holder do not necessarily determine the type of visa to be granted by the Brazilian authority, abroad or in Brazil.

Article 13

The Ministry of Foreign Affairs will carry out the investigations necessary for the investigation of frauds practiced abroad in relation to the consular visa and will inform the Ministry of Justice of its conclusions.

Subsection I – Transit Visa

Article 14

The transit visa may be granted to foreigners who, in order to reach the destination country, must enter National Territory.

Article 15

To obtain a transit visa, the foreigner must present:
I – passport or equivalent document;
II – international certificate of immunization, when necessary; and
III – travel ticket to the destination country.
§ 1 The travel document must contain, if necessary, the visa affixed by the representative of the country of destination.
§ 2 The documents required in this article must be presented by the foreigner to the competent federal bodies, at the time of entry into the National Territory.

Article 16

In the event of interruption of continuous travel by a foreigner in transit, the provisions of article 42 shall apply.

Subsection II – Tourist Visa

Article 17

The tourist visa may be granted to foreigners who come to Brazil for recreational or visiting purposes, thus considering those who do not have an immigration purpose or intend to engage in paid activity.

Article 18

To obtain a tourist visa, the foreigner must present:
I – passport or equivalent document;
II – international certificate of immunization, when necessary; and
III – proof of means of subsistence or travel ticket that qualifies you to enter and leave the National Territory.
§ 1 For the purposes of this article, as proof of means of subsistence, bank account statements, letters of credit or other documents that certify the possession of financial resources are permitted, in the judgment of the consular authority.
§ 2 The foreigner, holder of a tourist visa, must present the documents provided for in this article to the competent federal bodies, upon entering the National Territory.

Article 19

It is up to the Ministry of Foreign Affairs to indicate the countries whose nationals are exempt from tourist visas.
Single paragraph. The Consular and Legal Department of the Ministry of Foreign Affairs will send an updated list of countries whose nationals are exempt from tourist visas to the Federal Police Department of the Ministry of Justice.

Article 20

The visa-free tourist, under the terms of the previous article, must present to the competent federal agencies, at the time of entry into the National Territory:
I – passport, equivalent document or identity card, this when admitted;
II – international certificate of immunization, when necessary.
§ 1 In case of doubt as to the legitimacy of the condition of tourist, the Federal Police Department may require proof of means of subsistence and travel ticket that qualifies you to leave the country.
§ 2 For the purposes of the preceding paragraph, you understand possession of cash or letter of credit as proof of means of subsistence.

Article 21

The tourist’s stay period may be reduced, in each case, at the discretion of the Federal Police Department.

Subsection III – Temporary Visa

Article 22

The temporary visa may be granted to foreigners wishing to come to Brazil:
I – on a cultural trip or on a study mission;
II – on a business trip;
III – as an artist or sportsman;
IV – as a student;
V – as a scientist, professor, technician or professional of another category, under a contract regime or at the service of the Brazilian Government;
VI – as a correspondent for a newspaper, magazine, radio, television or foreign news agency; and
VII – as a minister of religious confession or a member of an institute of consecrated life and of a congregation or religious order.

Article 23

To obtain a temporary visa, the foreigner must present:
I – passport or equivalent document;
II – international certificate of immunization, when necessary;
III – health certificate;
IV – proof of means of subsistence; and
V – certificate of criminal record or equivalent document, this at the discretion of the consular authority.
§ 1 Temporary visas, referred to in items I, II, IV, V and VII of the previous article, can only be obtained, except in cases of force majeure, in the consular jurisdiction in which the interested party has resided for the minimum period of 1 (one) year immediately prior to the request.
§ 2 In the cases referred to in items III and V of the previous article, a visa will only be granted, by the respective Consulate abroad, if the foreigner is a party to a labor contract envisaged by the Immigration Secretariat of the Ministry of Labor, except in the case of proven service to the Brazilian Government.
§ 3 The Ministry of Foreign Affairs may authorize the exemption from the proof referred to in item III of this article in relation to foreigners under the conditions of items I to IV of article 22, in the case of a stay of up to 90 (ninety) days.
§ 4 The proof of means of subsistence referred to in item IV of this article, shall be made:
I – in the case of a cultural trip or study mission, by presenting an invitation or indication of a cultural or scientific entity, official or private, or by displaying a suitable document that, at the discretion of the consular authority, justifies the travel of the interested party and specifies the length of stay and the nature of the function;
II – in the case of business travel, by means of a declaration by the company or entity to which the foreigner is linked, or by a suitable person, at the discretion of the consular authority;
III – in the case of a student, by means of a document that accredits the foreigner as a beneficiary of a scholarship or cultural agreement signed by Brazil; if the candidate is not in one of these conditions, the competent consular authority will require proof that he has sufficient resources to remain in Brazil;
IV – in the case of a minister of religious confession, a member of an institute of consecrated life or of a congregation or religious order, upon the commitment of the entity in Brazil, responsible for maintaining and leaving the National Territory.
§ 5 The Immigration Secretariat of the Ministry of Labor will forward a copy of the contracts, which are intended, to the Consular and Legal Departments of the Ministry of Foreign Affairs and Federal Justice of the Ministry of Justice.
§ 6 Regardless of the presentation of the document referred to in § 2 of this article, the consular authority may be required, in the cases of items III and V of article 22, proof of the professional status attributed to the interested party, except in the case of service provision to the Brazilian Government.
§ 7 Upon entering the National Territory, the foreigner, who holds a temporary visa, must submit to the competent federal bodies the documents provided for in items I, II and III of this article, in the sole paragraph of article 9, as well as the complementary exams of health.

Article 24

The Consular and Legal Department of the Ministry of Foreign Affairs shall inform the Immigration Secretariat of the Ministry of Labor of the granting of visas referred to in paragraph 2 of the previous article.

Article 25

The terms of stay in Brazil for holders of temporary visas will be as follows:
I – in the case of a cultural trip or study mission, up to 2 (two) years;
II – in the case of business travel, up to 90 (ninety) days;
III – for artist or sportsman, up to 90 (ninety) days;
IV – for students, up to 1 (one) year;
V – for scientist, professor, technician or professional of another category, under a contract regime or at the service of the Brazilian Government, up to 2 (two) years;
VI – for correspondent of newspaper, magazine, radio, television, or foreign news agency, up to 4 (four) years;
VII – for minister of religious confession, member of an institute of consecrated life or of a congregation or religious order, up to 1 (one) year.

Subsection IV – Permanent Visa

Article 26

The permanent visa may be granted to foreigners who intend to settle permanently in Brazil.

Article 27

To obtain a permanent visa, the foreigner must satisfy the special requirements set forth in the rules for the selection of immigrants, established by the National Immigration Council, and present:
I – passport or equivalent document;
II – international certificate of immunization, when necessary;
III – health certificate;
IV – certificate of criminal record or equivalent document, at the discretion of the consular authority;
V – proof of residence;
VI – birth or marriage certificate; and
VII – employment contract sought by the Immigration Secretariat of the Ministry of Labor, when applicable.
§ 1 The permanent visa can only be obtained, except in cases of force majeure, in the consular jurisdiction in which the interested party has resided for a minimum period of 1 (one) year immediately prior to the application.
§ 2 The foreigner, holder of the permanent visa, must present to the competent federal agencies, upon entering the National Territory, the documents referred to in items I to III of this article, in the sole paragraph of article 9, as well as the complementary health examinations contained in the special technical norms established by the Ministry of Health.
§ 3 With the exception of the interests of national security and the health conditions referred to in item V of article 5, the requirements of special character provided for in the rules for the selection of immigrants, nor the provisions of the following article.

Article 28

The granting of a permanent visa may be conditioned, for a period not exceeding 5 (five) years, to the exercise of a certain activity and to the establishment in a specific region of the National Territory.
Single paragraph. The consular authority shall note the activity to be carried out by the foreigner and the region in which he / she is to establish in the visa margin.

Section II – Health Check

Article 29

It is up to the Ministry of Health, through the National Division of Sanitary Surveillance of Ports, Airports and Borders, to examine and inspect the health conditions of foreigners who are candidates for entry or stay in Brazil.
Single paragraph. The health examination will consider the correlation between the foreigner’s physical capacity and the profession for which it is intended.

Article 30

The health examination abroad, to grant a consular visa to a foreigner who intends to enter Brazil, must be carried out by a doctor trusted by the Brazilian Consular Office.

Article 31

The health examination of candidates for a permanent visa abroad, or the transformation of a visa in Brazil, must be extended to the entire family group, duly proven, even if only the head of the family is a candidate for immigration.
§ 1 The proof referred to in this article will be made upon presentation of the family register, consular declaration or suitable document at the discretion of the health authority.
§ 2 When only the head of the family is a candidate for permanence, he must also present medical examinations of his legal dependents carried out by a trusted doctor of the Brazilian Consular Office or, failing that, by official agencies of the country of origin.

Article 32

In order to comply with the provisions of the previous article, the following criteria will also be observed:
I – for married couples: medical examination of the spouse, minor children and legal dependents;
II – for minor children: medical examination of the parents; and
III – for older singles: individual medical examination.

Article 33

The disqualification of a component of the family group by any of the restrictions contained in items I to III and V to VIII of article 52, will result in the rejection of the entire group.
Single paragraph. The restrictions of this article do not apply to those over 60 (sixty) years of age, dependent on a qualified immigrant, as long as their condition does not constitute a risk to public health.

Article 34

In the case of national interest, the restrictions contained in the special technical rules, established by the Ministry of Health, shall not constitute a reason for impeding the granting of a permanent or temporary visa, as referred to in item V of article 22, provided that the health conditions abroad do not represent a risk to public health.

Article 35

Health certificates and forms will obey their own models established by the Ministry of Health.

Chapter II – Entry

Article 36

For the foreigner’s entry into the National Territory, a visa granted under the terms of this Regulation will be required, except for legal exceptions.
Single paragraph. In the case of duly proven force majeure, the Federal Police Department may authorize the foreigner’s entry into the National Territory, even if the visa has expired.

Article 37

If you are a native of a neighboring country, domiciled in a city adjacent to the National Territory, respecting the interests of national security, you may allow yourself to enter the municipalities bordering your respective country, provided that you present a valid identity card, issued by the competent authority of the country. your country.

Article 38

The foreigner, when entering the National Territory, whatever the means of transport used, will be supervised by the National Division of Sanitary Vigilance of Ports, Airports and Borders, of the Ministry of Health, by the Federal Police Department of the Ministry of Justice and by the Secretariat of the Federal Revenue of the Ministry of Finance, at the place of entry, under the terms of the respective legislation, and must present the documents provided for in this Regulation.
§ 1 In the case of entry by land, the inspection will take place at the place reserved, for that purpose, by the bodies referred to in this article.
§ 2 In the case of entry by sea, the inspection will be carried out on board, at the port of disembarkation.
§ 3 When the entry is made by air, the inspection will be made at the airport of the passenger’s destination, or the international flight will be transformed into a domestic flight, in the place where it occurs, at the discretion of the Federal Police Department of the Ministry of Justice after hearing the National Division of Sanitary Surveillance of Ports, Airports and Borders of the Ministry of Health and the Federal Revenue Secretariat of the Ministry of Finance.

Article 39

When the consular visa omits its classification or there is a mistake, the Federal Police Department may allow the foreigner to enter, retaining his travel document and providing proof.
Single paragraph. The Federal Police Department will forward the travel document to the Ministry of Foreign Affairs for classification or correction.

Article 40

If there is any doubt about the visa waiver, in the case of a diplomatic, official or service passport holder, the Federal Police Department will consult the Ministry of Foreign Affairs to decide on the foreigner’s entry.

Article 41

The Federal Police Department of the Ministry of Justice may allow conditional entry of a foreigner who is prevented under the terms of article 53, with written authorization from the National Division of Sanitary Surveillance of Ports, Airports and Borders, of the Ministry of Health.

Article 42

When the foreigner’s continuous travel has to be interrupted due to the impossibility of immediate transhipment or for imperative reasons, the carrier, or his agent, will inform the Federal Police Department in writing of the fact.
Single paragraph. The Federal Police Department, if it considers the alleged reasons to be valid, will determine the place where it should remain and the conditions to be observed by it and by the carrier, and the period of stay should not exceed what is strictly necessary for the continuation of the trip.

Article 43

The Federal Police Department may allow the transhipment or disembarkation of a crew member who, for imperative reasons, is obliged to interrupt the trip in the National Territory.
Single paragraph. The carrier, or his agent, for the purposes of this article, will give prior knowledge of the fact to the Federal Police Department, in good reason and in writing, assuming responsibility for the expenses resulting from the transhipment or disembarkation.

Article 44

Clandestine transhipment may be permitted, if required by the carrier, or its agent, who will assume responsibility for the expenses arising therefrom.

Article 45

In the cases provided for in articles 42 and 43, when the transhipment or disembarkation is requested due to illness, this must be proven by the health authority.

Article 46

In the case of air transport, with regard to passenger and crew transhipment and disembarkation, the rules and recommendations contained in the annex to the International Civil Aviation Convention will apply.

Article 47

The carrier or his agent will be responsible, at any time, for the maintenance and other expenses of the passenger on a continuous journey or of the crew member who is not present when leaving the means of transport, as well as for their removal from the National Territory.
Single paragraph. For the purposes of this article, the Federal Police Department will require a term of commitment, signed by the carrier or his agent.

Article 48

No foreigner from abroad will be able to leave the place of entry and inspection without having their travel document and entry and exit card endorsed by the Federal Police Department.

Article 49

No foreign crew member, of a maritime vessel of international course, may disembark in the National Territory, or descend to land, while the vessel remains in port, without the presentation of the Maritime Identity Card provided for in the Convention of the International Labor Organization.
Single paragraph. The Identity Card, referred to in this article, may be replaced by a travel document that gives the holder the status of seafarer.

Article 50

The travel ticket of a foreigner who entered the National Territory as a tourist or in transit cannot be redeemed in Brazil without prior authorization from the Federal Police Department.

Chapter III – Impediment

Article 51

In addition to the provisions of article 26 of Law no. 6,815, of August 19, 1980, those who:
I – do not present a travel document or identity card, when admitted;
II – present a travel document:
a) that is not valid for Brazil;
b) that has expired;
c) with erasure or evidence of forgery;
d) with a consular visa granted without observing the conditions provided for in Law no. 6,815, of August 19, 1980, and in these Regulations.
Single paragraph. The impediment will be noted by the Federal Police Department of the Ministry of Justice in the foreigner’s travel document, after hearing the National Division of Sanitary Surveillance of Ports, Airports and Borders of the Ministry of Health, when applicable.

Article 52

Subject to the provisions of paragraph 3 of article 23, sole paragraph of article 33 and article 34, foreigners with:
i – mental illness, of any nature , will be prevented from entering the National Territory and degree;
II – hereditary or family diseases;
III – diseases or injuries that permanently disable the exercise of the profession for which it is intended;
IV – physical defect, severe mutilation, diseases of the blood and circulatory, respiratory, digestive, genitourinary, locomotor and nervous systems that cause incapacity greater than 40% (forty percent);
V – chronic alcoholism and drug addiction;
VI – malignant neoplasm;
VII – disability;
VIII – communicable diseases:
– tuberculosis;
– leprosy;
– trachoma;
– syphilis;
– leishmaniasis;
– blastomycosis;
– trypanosomiasis;
– and others, at the discretion of the health authority.

Article 53

The impediment for health reasons will be opposed or suspended by the health authority.
§ 1 The health authority shall communicate to the Federal Police Department the need for the conditional entry of the foreigner, holder of a temporary or permanent visa, in the case of insufficient medical documentation or when it deems it necessary to supplement medical examinations to clarify the diagnosis.
Paragraph 2. The foreigner, in the cases provided for in the previous paragraph, cannot leave the place of entry without completing the medical exams to which he is subject, and the Federal Police Department must retain his travel document and fix the place where he must stay.
§ 3 The health authority shall inform the Federal Police Department of its decision in writing for the appropriate measures.

Article 54

The Federal Police Department will write down the reasons for the permanent impediment in the travel document and affix the impeded stamp to the consular visa.

Article 55

The transport company is responsible, at any time, for leaving the stowaway and the hindered.
§ 1 If it is impossible for the impeded person to leave immediately, the Federal Police Department may allow his conditional entry, establishing the period of stay and the place where he must remain.
§ 2 – If it is impossible for the clandestine to leave immediately, the Federal Police Department will keep him in custody for a maximum period of 30 (thirty) days, renewable for an equal period.
§ 3 The carrier company, or its agent, in the cases of the previous paragraphs, will sign a term of responsibility, before the Federal Police Department, which ensures the maintenance of the foreigner.

Title II – Asylum Condition

Article 56

Once the asylum has been granted, the Federal Department of Justice will issue a term in which the term of residence of the asylum in Brazil will be fixed and, if applicable, the additional conditions to the duties imposed by international law and current legislation, to which it will be subject. .
Single paragraph. The Federal Department of Justice will forward a copy of the term referred to in this article to the Federal Police Department for registration purposes.

Article 57

Asylum seekers who wish to leave the country and re-enter it without renouncing their condition, must obtain prior authorization from the Minister of Justice, through the Federal Department of Justice.

Title III – Registration and Amendments

Chapter I – Registration

Article 58

The foreigner admitted as permanent, temporary (article 22, I and IV to VII), or asylum seeker, is required to register with the Federal Police Department, within 30 (thirty) days after entry or entry. granting asylum and identifying themselves by the typewriting system, subject to the provisions of this Regulation.
§ 1 The registration will be processed upon presentation of the travel document that identifies the registrant, as well as a copy of the Brazilian consular visa application form, or of a consular certificate from the country of nationality, this when a visa transformation occurs.
§ 2 The following information will appear on the registration form: name, affiliation, city and country of birth, nationality, date of birth, sex, marital status, profession, education level, place and date of entry into Brazil, species and number of travel document, number and classification of consular visa, date and place of granting, means of transport used, as well as data related to minor children, and places of residence, work and study.
§ 3 The registration will only be effective if the foreigner’s legal entry into the country is proven, after the granting of the respective consular visa.
§ 4 When the submitted documentation omits any data of its civil qualification, the registrant must present birth or marriage registration certificates, consular certificate or judicial justification.
§ 5 The alien registration, who obtained transformation of official or diplomatic visa for temporary or permanent, will only be effected after such measure in the sole paragraph of Article 73
§ 6 The student, cultural agreement beneficiary must also register at the Ministry of Foreign Affairs, upon presentation of the identity document provided by the Federal Police Department.

Article 59

The foreigner’s name and nationality, for the purpose of registration, will be those contained in the travel document.
§ 1 If the travel document contains the name in an abbreviated form, the foreigner must prove its spelling in full, with a suitable document.
§ 2 If the nationality was consigned by an international organization or by a third country authority, it will only be recorded in the register in the face of the presentation of a suitable document or confirmation by the competent diplomatic or consular authority.
§ 3 If the travel document omits the nationality of the holder, it will be registered:
I – as a stateless person, in case of absence of nationality;
II – as of indefinite nationality, if it cannot be proven in the form of the previous paragraph.

Article 60

Registered foreigners, including schoolchildren, will be provided with an identity document.
Single paragraph. In the case of articles 18, 37, § 2 and 97 of Law no. 6,815, of August 19, 1980, their identity document must mention.

Article 61

The holder of a diplomatic, official or courtesy visa, whose period of stay in the country is greater than 90 (ninety) days, must provide his registration with the Ministry of Foreign Affairs.
§ 1 The foreigner, holder of a diplomatic, official or service passport who has entered Brazil under the visa waiver agreement, must also proceed with the registration mentioned in this article, whenever his stay in Brazil must be greater than 90 (ninety) days.
§ 2 The registration will be carried out in a specific form instituted by the Ministry of Foreign Affairs.
§ 3 To the foreigner referred to in this article, the Ministry of Foreign Affairs will provide his own identity document.

Article 62

The foreigner, born in a neighboring country, domiciled in a locality contiguous to the National Territory, whose entry has been permitted through the presentation of an Identity Card and who intends to exercise paid activity or attend a teaching establishment in a municipality bordering the place of his residence, respecting the national security interests, will be registered by the Federal Police Department and will receive a special document that identifies and characterizes your condition.
Single paragraph. Registration will be done using the following documents:
I – Official identity card issued by your country;
II – proof of naturalness;
III – proof of residence in a location in your country adjacent to the National Territory;
IV – promise of employment, or registration, as the case may be;
V – proof that you have no criminal record in your country.

Article 63

The Regional Labor Office, when providing the Work and Social Security Card, in the cases provided for in the sole paragraph of Article 60, when applicable, and in Article 62, shall affix the stamp that characterizes its validity restrictions to the Municipality, where the foreigner has been registered by the Federal Police Department.

Chapter II – Extension of the Term of Stay

Article 64

It is incumbent on the Ministry of Justice to extend the tourist, temporary and asylum seekers’ stay periods, and the Ministry of Foreign Affairs, that of the courtesy, official or diplomatic visa holder.

Section I – Extension of the Tourist’s Stay

Article 65

The extension of the tourist’s stay period will not exceed 90 (ninety) days, and may be canceled at the discretion of the Federal Police Department.
§ 1 The extension may be granted by the Federal Police Department, when requested before the period initially authorized has expired, upon proof of:
I – payment of the respective fee;
II – possession of cash to stay in the country.
§ 2 ° The extension will be noted on the travel document or, if the Identity Card is admitted, on the entry and exit card.

Section II – Extension of Temporary Stay

Article 66

The period of stay of the holder of the temporary visa may be extended:
I – by the Federal Police Department, in the cases of items II and III of article 22;
II – by the Federal Department of Justice, in other cases, observing the provisions of the labor legislation, after consultation with the Immigration Secretariat of the Ministry of Labor, when applicable.
§ 1 ° The extension will be granted in the same category in which the foreigner is classified and cannot exceed the limits provided for in article 25.
§ 2 ° The presentation of the application does not necessarily prevent the measures in charge of the Federal Police Department aimed at promote the withdrawal of the foreigner who exceeds the period of stay.

Article 67

The request for an extension of the temporary stay must be made before the end of the period previously granted and will be accompanied by:
I – authentic copy of the travel document;
II – evidence:
a) temporary registration;
b) own means of subsistence;
c) the reason for the requested extension.
§ 1 The proof of means of subsistence in the cases of article 22 will be made:
I – in the case of item I, upon the renewal of an invitation or indication of a cultural or scientific entity, official or private, or the display of a suitable document that justifies the request and specify the term of stay and the nature of the function;
II – in the case of item II, with a document attesting the financial standing;
III – in the case of items III and V, with the instrument of extension of the initial contract or with a new employment contract, stating that the employer assumes the responsibility of providing for his return;
IV – in the case of item IV, upon presentation of a deed of assumption of maintenance commitment, except in the event of an agreement student;
V – in the case of item VI, by means of a declaration from the entity to which the foreigner is linked and which justifies the need and the term of the extension;
VI – in the case of item VII, upon commitment to maintain the entity to which it is linked.
§ 2 ° In the case of a student, the application must also be accompanied by proof of academic achievement and guarantee of enrollment.
§ 3 ° The request for extension referred to in item II of the previous article must be submitted up to 30 (thirty) days before the end of the granted stay period.
Paragraph 4. In the case provided for in the preceding paragraph, the request may be submitted directly to the Federal Department of Justice or to the local body of the Federal Police Department, which shall forward it to the Ministry of Justice within 5 (five) non-extendable days under penalty of liability of the employee.
§ 5 In the hypotheses of item III, the body that grants the extension will inform the Ministry of Labor’s Immigration Secretariat of the fact.

Section III – Extension of the Asylum’s Stay

Article 68

The extension of the asylum’s stay will be granted by the Federal Department of Justice.

Chapter III – Visa Transformation

Article 69

The holders of the visas referred to in items V and VII of article 22, may obtain their transformation into permanent, provided that they fulfill the conditions for their concession.
Single paragraph. Subject to the interests of national security and the health conditions referred to in item V of article 5, the foreigner of Portuguese nationality, holder of a tourist or temporary visa, may also obtain the transformation of them to permanent.

Article 70

The Federal Department of Justice is responsible for granting the transformation:
I – permanently, of the visas referred to in article 69;
II – the diplomatic or official visa in:
a) temporary referred to in items I to VI of article 22;
b) permanent.
§ 1 The request must be submitted at least 30 (thirty) days before the end of the period of stay, before the organ of the Federal Police Department of the domicile or residence of the interested party, which body must send it to the Federal Department of Justice within 5 (five) non-extendable days, under penalty of employee liability.
§ 2 The transformation will only be granted if the applicant satisfies the conditions for granting the permanent visa.
§ 3 The Ministry of Health, through the National Division of Sanitary Surveillance of Ports, Airports and Borders, will transmit to the Federal Department of Justice of the Ministry of Justice the list of foreigners refused in health examinations to stay in the country.
§ 4 The Department Federal de Justiça will communicate the transformation granted:
I – to the Federal Police Department of the Ministry of Justice and to the Immigration Secretariat of the Ministry of Labor, in the case of item I of this article;
II – to the Consular and Legal Department of the Ministry of Foreign Affairs, in the case of item II of this article.

Article 71

The foreigner’s departure from the National Territory, for a period not exceeding 90 (ninety) days, will not affect the processing or approval of the stay request.
Single paragraph. The provisions of this article do not guarantee the return of the foreigner to Brazil without obtaining a consular visa, when required.

Article 72

From the order denying the transformation of the visa, a request for reconsideration may be filed with the Federal Department of Justice.
§ 1 The request must contain the factual and legal grounds and the respective evidence, and will be presented to the Federal Police Department body, where the initial one has been assessed, within 15 (fifteen) days, counted from the publication, in the Federal Official Gazette, of the denial order.
§ 2 The Federal Police Department will provide the applicant with proof of the filing of the reconsideration request.

Article 73

Once the visa has been transformed, the foreigner must register with the Federal Police Department within 90 (ninety) days from the date of publication, in the Federal Official Gazette, of the granting of the application, under penalty of forfeiture.
Single paragraph. The registration of the foreigner who obtained the transformation under the hypothesis of item II of article 70, will only be made upon presentation to the Federal Police Department of the travel document with the diplomatic or official visa canceled by the Ministry of Foreign Affairs.

Article 74

It is incumbent upon the Consular and Legal Department of the Ministry of Foreign Affairs to grant the transformation, for official or diplomatic, of the transit, tourist, temporary or permanent visa.
§ 1 The provisions of this article also apply to foreigners who enter the National Territory exempt from tourist visas.
§ 2 The Consular and Legal Department of the Ministry of Foreign Affairs shall communicate to the Federal Police Department of the Ministry of Justice the transformation granted, providing the qualification data of the foreigner, including the number and date of registration referred to in article 58.

Article 75

The request for visa transformation does not prevent the application, by the Federal Police Department, of the provisions of article 98, if the foreigner exceeds the legal term of stay in the National Territory.

Chapter IV – Alteration of Settlements

Article 76

It is incumbent upon the Minister of Justice to authorize the alteration of settlements included in the alien registration.

Article 77

The name change request, addressed to the Minister of Justice, will be accompanied by certificates obtained in the Federation Units where the foreigner has resided:
I – from the corregifying bodies of the Federal and State Police;
II – Titles Protest Notaries;
III – the Stock Distribution Notaries in the Federal and State Courts;
IV – Federal, State and Municipal Farms.
§ 1 ° The request will be submitted to the Federal Police Department’s organ of the interested party’s place of residence, and the receiving organ must attach a copy of the registration, and proceed with the investigation on the applicant’s behavior.
§ 2 In compliance with the provisions of the preceding paragraph, the Federal Police Department will forward the case to the Federal Department of Justice, which will issue an opinion, forwarding it to the Minister of Justice.

Article 78

The expression “name”, for the purposes of altering the settlement of the registry, includes the first name and family surnames.
§ 1 ° The abbreviated name used by the foreigner as a registered commercial firm or in any professional activity may be registered in the registry.
§ 2 Material errors will be corrected on the spot.

Article 79

Regardless of the authorization referred to in article 76, changes in the settlement of the foreigner’s name resulting from:
I – marriage carried out before a Brazilian authority;
II – judgment of annulment and nullity of marriage, divorce, legal separation, issued by a Brazilian authority;
III – legitimation by subsequent marriage;
IV – decree of divorce or divorce issued by a foreign authority, provided they are ratified by the Federal Supreme Court.

Article 80

The foreigner who acquires a nationality different from the one on the registration must, within the next 90 (ninety) days, request registration of the new nationality in their settlements.
§ 1 ° The registration request will be accompanied by a travel document, certificate provided by the diplomatic or consular authority, or a document that attributes the alleged nationality to the foreigner and, when applicable, with proof of loss of nationality included in the registration.
Paragraph 2. The provisions of §§ 1 and 2 of article 77 will be observed, regarding the request for registration, excluding the investigation of the applicant’s behavior.
Paragraph 3. The provisions of this article shall apply to the stateless person who acquires nationality and to the foreigner who loses his registration.

Chapter V – Updating the Registry

Article 81

The registered foreigner is obliged to communicate to the Federal Police Department the change of his domicile or residence, within 30 (thirty) days immediately following its effectiveness.
§ 1 ° The communication may be made in person or by mail, with acknowledgment of receipt, and it must include the name of the foreigner, the number of the identity document and the place where it was issued, accompanied by proof of the new residence or domicile.
§ 2 When the change of residence or address is made from one to another Unit of the Federation, the communication will be made in person to the organ of the Federal Police Department, of the location of the new residence or new address.
§ 3 In the event provided for in the preceding paragraph, the agency that receives the communication will request a copy of the respective registration, for processing the foreigner’s registration and inform the subsequent facts that proceeded with the registration.

Article 82

The entities referred to in articles 45 to 47 of Law no. 6,815, of August 19, 1980, will send the data referred to there to the Federal Police Department.

Article 83

The admission of a foreigner to the service of a public or private entity, or enrollment in an educational institution of any degree, will only be effective if the same is duly registered or registered.
§ 1 ° The protocol provided by the Federal Police Department replaces, for the purposes of this article, for a period of up to 60 (sixty) days, counted from its issue, the identity documents provided for in articles 60 and 62.
§ 2º The entities, referred to in this article, will send to the Federal Police Department, the foreigner’s identification data, as the employment contract ends, its termination or extension, as well as the suspension or cancellation of enrollment and the conclusion of the course .
§ 3 The Federal Police Department, when applicable, will inform the Ministry of Labor’s Immigration Secretariat of the data referred to in the previous paragraph.

Article 84

The data referred to in articles 82 and 83 will be provided in a specific form to be instituted by the Federal Police Department.

Chapter VI – Cancellation and Reinstatement of Registration

Section I – Cancellation of Registration

Article 85

Foreigners will have their registration canceled by the Federal Police Department:
I – if they obtain Brazilian naturalization;
II – if expulsion has been ordered;
III – if they request their permanent departure from the National Territory, expressly renouncing the right of return referred to in article 90;
IV – if he remains absent from Brazil, for a period of more than 2 (two) years;
V – if the holder of a temporary or permanent visa obtains the transformation of them to an official or diplomatic one;
VI – if there is a violation of articles 18, 37, § 2 or 99 to 101 of Law no. 6,815, of August 19, 1980;
VII – if temporary or asylum, at the end of the period of stay in the National Territory.

Article 86

In the event provided for in item III of the previous article, the foreigner must instruct the request with the documentation provided for in article 77 and attach the identity document issued by the Federal Police Department.
Single paragraph. Once the request is granted and the cancellation is effected, the foreigner will be notified to leave the National Territory within 30 (thirty) days.

Article 87

The Federal Police Department will communicate the cancellation of registration to the Immigration Secretariat of the Ministry of Labor, when applicable.

Section II – Restoring the Registry

Article 88

The registration may be reestablished by the Federal Police Department, if the foreigner:
I – has canceled or annulled the naturalization granted, provided that his expulsion has not been decreed;
II – has the expulsion revoked;
III – return to the National Territory with a temporary or permanent visa.
§ 1 In case of return to the National Territory, the request for re-registration must be made within 30 (thirty) days, counting from the date of re-entry.
§ 2 In the event of item III of article 85, if the cancellation of the registration has imported in exemption from tax or financial burden, the order must be accompanied by proof of satisfaction of these charges.
§ 3 The reinstatement will imply the issuance of a new identity document which also contains, when applicable, the date of the foreigner’s reentry into the National Territory.
§ 4 If, upon returning to the National Territory, the foreigner establishes residence in a Federation Unit other than that in which he was previously registered, the issuance of the new identity document will be preceded by the request for a copy of the registration registration.
Paragraph 5. In the case of a foreigner who returns to Brazil with another name or nationality, the reestablishment of registration will only proceed after compliance with the provisions of articles 77 and 80.

Title IV – Departure and Return

Article 89

When leaving the National Territory, the foreigner must present the travel document and the entry and exit card to the Federal Police Department.
Single paragraph. The Federal Police Department shall record in the documents referred to in this article the date on which the foreigner leaves the National Territory.

Article 90

The foreigner registered as permanent, who leaves Brazil, can return regardless of visa if he does so within 2 (two) years from the date he left the National Territory, observing the provisions of the sole paragraph of the previous article.
Single paragraph. At the end of the period referred to in this article, re-entry into the country, as permanent, will depend on the granting of a new visa.

Article 91

The foreigner registered as temporary, in the cases of items I and IV to VII of article 22, who is absent from Brazil, may return independently of a new visa, if he does so within the period established in the identity document issued by the Federal Police Department.

Article 92

The foreigner holding a tourist or temporary consular visa (article 22, II and III), who is absent from Brazil, may return independently of a new visa, if he does so within the period of stay in the National Territory, fixed in the visa.

Article 93

In the hypotheses of the previous article, the period of stay will flow, without interruption, from the date of the first entry into the National Territory, observing the provisions of the sole paragraph of article 89.

Title V – Travel Document for Foreigners

Article 94

The Federal Police Department may grant a passport to a foreigner in the following cases:
I – to the stateless person and to those of indefinite nationality;
II – to the national of a country that does not have diplomatic or consular representation in Brazil, nor a representative of another country in charge of protecting it;
III – the asylum seeker or the refugee, as admitted in Brazil;
IV – the spouse or widow of a Brazilian who has lost his original nationality due to the marriage.
§ 1 The granting of a passport will depend on prior consultation:
a) to the Ministry of Foreign Affairs, in the case of item II;
b) the Federal Department of Justice, in the case of item III.
§ 2 The Brazilian consular authorities may grant a passport, abroad, to the foreigner mentioned in item IV.

Article 95

The laissez-passer may be granted in Brazil by the Federal Police Department, and abroad, by Brazilian Diplomatic Missions or Consular Departments.
Single paragraph. The granting, abroad, of a laissez-passer to a foreigner registered in Brazil will depend on previous hearing:
I – from the Federal Police Department, in the case of permanent or temporary;
II – the Federal Department of Justice, in the case of an asylum seeker.

Article 96

The validity period of the foreign passport and the laisser-passer will be fixed by the agency that grants it.
Single paragraph. The passport’s validity period may exceptionally be extended by the Brazilian consular authority, with authorization from the State Secretariat of Foreign Affairs, after hearing the Federal Police Department of the Ministry of Justice.

Article 97

On the occasion of the foreigner’s reentry into the National Territory, the passport for foreigner, or the laissez-passer, will be collected by the Federal Police Department.
Single paragraph. In the case of a laissez-passer granted to tourists or temporary workers (article 22, I and II) by the Brazilian consular authority abroad, payment will be made when the holder leaves the National Territory.

Title VI – Deportation

Article 98

In cases of irregular entry or stay, the foreigner, notified by the Federal Police Department, must withdraw from the National Territory:
I – within the non-extendable period of 8 (eight) days, for violation of the provisions of articles 18, 21, § 2 °, 24, 26, § 1 °, 37, § 2 °, 64, 98 to 101, § 1 or 2 of article 104 or articles 105 and 125, II, of Law no. 6,815, of August 19, 1980;
II – within the non-extendable period of 3 (three) days, in the case of irregular entry, when the fraud is not configured.
§ 1 Once the deadlines set in this article are not complied with, the Federal Police Department will promote the immediate deportation of the foreigner.
§ 2 As long as it is convenient to national interests, deportation will take place regardless of the setting of the periods referred to in items I and II of this article.

Article 99

When promoting deportation, the Federal Police Department will draw up a term, forwarding a copy to the Federal Department of Justice.

Title VII – Expulsion

Article 100

The procedure for expelling a foreigner from the National Territory will obey the rules set forth in this Title.

Article 101

The organs of the Public Prosecution Service will send the Ministry of Justice, by letter, up to 30 (thirty) days after the final decision, copy of the foreigner’s condemnatory sentence, author of a willful crime or any crime against national security, political order social, popular economy, morality or public health, as well as the criminal record sheet in the file.
Single paragraph. The Minister of Justice, having received the documents mentioned in this article, will determine the initiation of an investigation to expel the foreigner.

Article 102

It is incumbent upon the Minister of Justice, ex officio or accepting a reasoned request, to order the Federal Police Department to initiate an investigation for the expulsion of foreigners.

Article 103

The initiation of an investigation for the expulsion of the foreigner will be initiated through an ordinance.
§ 1 ° The expelled person will be notified of the initiation of the investigation and the date and time set for the interrogation, at least 2 (two) business days in advance.
§ 2 If the expelled person is not found, he will be notified by public notice, with a period of 10 (ten) days, published twice, in the Official Gazette of the Union, validating the notification for all the acts of the investigation.
§ 3 If the expelled person is serving a judicial prison, his appearance will be requested to the competent authority.
§ 4 Appearing, the expelled person will be qualified, interrogated, identified and photographed, being able on this occasion to appoint a defender and specify the evidence he wishes to produce.
§ 5 ° If the expelled person does not appear, his indirect qualification will proceed.
§ 6º A dative defender will be appointed, except when expelling the faculty to replace him, with another of his confidence:
I – if the expelled person does not appoint a defender;
II – if the nominee does not assume the defense of the cause;
III – if notified, personally or by edict, the expelled person does not appear for the purposes set forth in § 4 °.
Paragraph 7. Once the provisions of the preceding paragraphs have been complied with, the expelled person and his defender will be given a view of the records, in a notary public, for the presentation of the defense within a single period of 6 (six) days, counted from the knowledge of the respective order.
§ 8 The investigation instruction is closed, it must be sent to the Federal Department of Justice, within 12 (twelve) days, accompanied by a conclusive report.

Article 104

In cases of violations against national security, the political or social order and the popular economy, as well as in cases of trade, possession or facilitation of the misuse of a narcotic substance or that determines physical or psychological dependence, or disrespect to the prohibition specially provided for in law for foreigners, the investigation will be summary and will not exceed the period of 15 (fifteen) days, guaranteed by expelling the procedure provided for in the previous article, reducing the terms in half.

Article 105

Once the inquiry has been received, it will be attached to the respective file, and the Federal Department of Justice should forward it with an opinion to the Minister of Justice, who will submit it to the decision of the President of the Republic, when applicable.

Article 106

Once the expulsion decree has been published, the Federal Police Department of the Ministry of Justice will send the expulsion qualification data to the Consular and Legal Department of the Ministry of Foreign Affairs.

Article 107

Except in the cases provided for in Article 104, it will be a request for reconsideration of expulsório act, within ten (10) days from the date of its publication in the Official Gazette.
§ 1. The request addressed to the President of the Republic shall contain the factual and legal grounds with the respective evidence and will be processed with the Federal Department of Justice of the Ministry of Justice.
§ 2 Upon receiving the request, the Federal Department of Justice will issue an opinion on its suitability and origin, forwarding the process to the Minister of Justice, who will submit it to the President of the Republic.

Article 108

When effecting the expulsion act, the Federal Police Department will draw up the respective term, forwarding a copy to the Federal Department of Justice.

Article 109

The foreigner who remains on probation, in the place determined by an act of the Minister of Justice, will be subject to the rules of behavior established by the Federal Police Department.

Title VIII – Extradition

Article 110

It is incumbent upon the Federal Police Department, as determined by the Minister of Justice:
I – to effect the arrest of the extradited person;
II – to hand it over to the State to which the extradition has been granted.
Single paragraph. The delivery of the extradited person will be drawn up, with a copy of the copy sent to the Federal Department of Justice.

Title IX – Foreigner’s Rights and Duties

Article 111

The foreigner admitted on a temporary basis, under a contract regime, will only be able to work with the entity for which he was hired when the visa is granted.
§ 1 ° If the foreigner intends to exercise activity with an entity other than that for which he was hired, he must request authorization from the Federal Department of Justice, upon reasoned request and instructed with:
I – proof of registration as temporary;
II – copy of the contract that generated the granting of the consular visa;
III – the express consent of the entity, by which it was initially hired, for the candidate to provide services to another company; and
IV – service lease agreement with the new entity, stating that the employer assumes responsibility for providing the contractor’s return.
§ 2 The Immigration Secretariat of the Ministry of Labor will be heard on the authorization request.
§ 3 The authorization referred to in this article only by exception and motivated will be granted.

Article 112

The foreigner admitted to the National Territory as a permanent resident, for the performance of a certain professional activity, and the establishment in a specific region, may not, within the period established in the opportunity of granting or transforming the visa, change address or professional activity, or exercise it outside that region.
§ 1 The conditions referred to in this article can only be modified exceptionally, with authorization from the Federal Department of Justice of the Ministry of Justice, after consultation with the Immigration Secretariat of the Ministry of Labor, when necessary.
§ 2 ° The foreigner’s request, in the case of the preceding paragraph, must be accompanied by evidence of the alleged reasons.

Article 113

In examining the appropriateness of the exceptionalities referred to in the previous articles, the Immigration Secretariat of the Ministry of Labor will consider the conditions of the labor market in the location where the foreigner is located and from where he / she must transfer.

Article 114

The registered foreigner is obliged to communicate to the Federal Police Department the change of his domicile or residence, observing the provisions of article 81.

Article 115

The foreigner, who loses the nationality on the register due to having acquired another one, must request rectification or registration of the new nationality in the disciplined form in article 80.

Article 116

A foreigner who has entered Brazil as a tourist or in transit is prohibited from engaging as a crew member in a Brazilian port, except in a ship flying his country, for a non-round trip, at the request of the carrier or his agent, with authorization from the Federal Police Department.
Single paragraph. The embarkation of the foreigner as a crew member will be impeded if:
I – he is hired to engage in a ship of another flag than that of his country;
II – there is a clause in the employment contract that establishes its termination in a Brazilian port;
III – the vessel in which he is engaged has to call at another port, before leaving Brazilian waters.

Article 117

Foreigners are permitted to join for cultural, religious, recreational, charitable or assistance purposes, to join social and sports clubs, and any other entities with the same purpose, as well as to participate in commemorative meetings of national dates or events of patriotic significance.
§ 1 The entities mentioned in this article, if constituted of more than half of foreign associates, can only operate with authorization from the Minister of Justice.
§ 2 The request for authorization, provided for in the previous paragraph, will be addressed to the Minister of Justice, through the Federal Department of Justice, and will contain:
I – authentic copy of the statutes;
II – indication of the social fund;
III – name, place of birth, nationality, age and marital status of the members of the administration, and form of their judicial and extrajudicial representation;
IV – designation of the registered office and the usual places for meeting or providing services;
V – nominal list of members and respective nationalities;
VI – proof of registration, referred to in Article 58, in the event of a foreign associate and officer;
VII – relationship with the name, headquarters, Directors or persons responsible for a newspaper, magazine, bulletin or other advertising agency.
§ 3 Any changes to the statutes or administration, as well as the headquarters and domiciles, referred to in the previous paragraph, must be communicated to the Federal Department of Justice, within 30 (thirty) days.

Article 118

The Federal Department of Justice will maintain a special book, for the registration of entities authorized to operate and in which subsequent changes will be recorded.

Title X – Naturalization

Article 119

Foreigners who intend to become naturalized must submit a petition to the Minister of Justice, declaring the name in full, naturalness, nationality, affiliation, sex, marital status, day, month and year of birth, profession, places where he has previously resided in Brazil and abroad, the requirement referred to in item VII, of article 112, of Law no. 6,815, of August 19, 1980, and whether or not you want to translate or adapt your name to the Portuguese language, and must instruct it with the following documents:
I – authentic copy of the Identity Card for permanent foreigners;
II – Police certificate of continuous residency in Brazil, for a minimum term of 4 (four) years;
III – Police certificate of antecedents issued by the competent body of the place of residence in Brazil;
IV – proof of exercise of profession or skillful document that proves possession of goods sufficient to maintain one’s own and family;
V – official certificate of physical and mental health;
VI – certificates or certificates that prove, when applicable, the conditions of article 113 of Law no. 6,815, of August 19, 1980;
VII – negative certificate of income tax, except if it is in the conditions provided for in paragraphs b and c, of paragraph 2, of this article.
§ 1 If the Identity Card omits any data related to the qualification of the naturalized person, another official document that proves it must be presented.
§ 2 The requirement of item IV will be satisfied, if naturalizing it:
a) perceive retirement benefits;
b) being a student, up to 25 (twenty-five) years of age, living in the dependence of an ascendant, brother or guardian;
c) if you are the spouse of a Brazilian or have your subsistence provided by an ascendant or descendant with sufficient resources to satisfy the legal duty to provide maintenance.
§ 3 When continuous residency is required for 4 (four) years for naturalization, it will not prevent your granting the naturalized person’s travel abroad, if determined by a relevant reason, at the discretion of the Minister of Justice, and if the sum of the periods not exceed 18 (eighteen) months.
§ 4º The residency requirement, referred to in item II of this article, will be waived, requiring only a stay in Brazil for 30 (thirty) days, in the case of:
a) foreign spouse married for more than 5 (five) years with an active Brazilian diplomat; or
b) a foreigner who, employed in a Diplomatic Mission or in a Consular Office in Brazil, has more than 10 (ten) years of uninterrupted services.
§ 5 ° The requirement referred to in item V of this article will be waived if the foreigner has resided in the country for more than 2 (two) years.
§ 6º Portuguese nationals will not be required to fulfill the requirement of item IV of this article, and, in relation to item II, uninterrupted residence for 1 (one) year will suffice.
§ 7 The application for naturalization will be signed by the naturalized person, but if it is of Portuguese nationality, it can be done by an agent with special powers.

Article 120

The foreigner admitted to Brazil until the age of 5 (five) years, permanently living in the National Territory, may, until 2 (two) years after reaching the age of majority, apply for naturalization, by means of a petition, instructed with:
I – Identity Card for permanent foreigner;
II – Police certificate of continuous residence in Brazil, since entry; and
III – Police certificate of antecedents, passed by the competent service of the place of residence in Brazil.

Article 121

The foreigner admitted to Brazil during the first 5 (five) years of life, definitively established in the National Territory, may, as a minor, request, through his legal representative, the issuance of a provisional naturalization certificate, instructing the request with:
I – proof of the day of entry into the National Territory;
II – proof of permanent status;
III – birth certificate or equivalent document;
IV – proof of nationality; and
V – Police certificate of antecedents, passed by the competent service of the place of residence in Brazil, if over 18 (eighteen) years.

Article 122

Those naturalized in the form of the previous article who intend to confirm their intention to remain Brazilian, must manifest it to the Minister of Justice, up to 2 (two) years after reaching the age of majority, by means of a petition, instructed with:
I – the authentic copy of the Certificate of Identity; and
II – the original of the provisional naturalization certificate.

Article 123

The foreigner who has come to reside in Brazil, before reaching the age of majority and has completed a higher education course at a national educational institution, may, up to 1 (one) year after graduation, apply for naturalization, upon request accompanied by the following documents:
I – Identity card for permanent foreigners;
II – Police certificate of continuous residence in Brazil since entry; and
III – Police certificate of antecedents issued by the competent service of the place of residence in Brazil.

Article 124

Foreigners referred to in paragraphs a and b, of § 4, of article 119, must instruct the request for naturalization:
I – in the case of paragraph a, with proof of marriage, duly authorized by the Brazilian Government;
II – in the case of paragraph b, with documents provided by the Ministry of Foreign Affairs that prove that naturalization is in effect, count more than 10 (ten) years of uninterrupted services and recommend naturalization;
III – in both cases, with the candidate abroad, still with:
a) identity document in an authentic or public photocopy – translated form, if not written in Portuguese;
b) document proving the stay in Brazil for 30 (thirty) days;
c) certificate of physical and mental health, issued by a doctor accredited by the Brazilian consular authority, when it is impossible to perform a health examination in Brazil;
d) 3 (three) fingerprint worksheets taken at the competent body of the place of residence or at the Brazilian consular office, when there is no registration of the foreigner in Brazil, or cannot prove to have been registered as a foreigner in the National Territory.
Single paragraph. The authorization referred to in item I will not be required if the marriage took place before the Brazilian spouse entered the diplomatic career.

Article 125

The petition referred to in articles 119, 120, 122 and 123, addressed to the Minister of Justice, will be submitted to the local body of the Federal Police Department.
§ 1 ° In the case of article 121, the petition may be submitted directly to the Federal Department of Justice, dispensing with the measures referred to in § 3 of this article.
Paragraph 2. In the cases of article 124, the petition may be submitted to the Brazilian consular authority, which shall forward it, through the Ministry of Foreign Affairs, to the Federal Department of Justice, for the purposes of this article.
§ 3 ° The Federal Police Department organ, when processing the request:
I – will send the typing sheet of the naturalized to the National Identification Institute, requesting the shipment of its background sheet;
II – investigate your conduct;
III – give an opinion on the convenience of naturalization;
IV – certify that the applicant reads and writes the Portuguese language, considering his condition;
V – attach to the investigation report a separate form.
§ 4 The request, referred to in item I of the previous paragraph, must be answered within 30 (thirty) days.
§ 5 ° The process, with the background sheet, or without it, must be completed in 90 (ninety) days, after which it will be forwarded to the Federal Department of Justice, under penalty of determining the responsibility of the servant responsible for the delay.

Article 126

After receiving the file, the Director-General of the Federal Department of Justice will determine the filing of the request, if the naturalized one does not satisfy, as the case may be, any of the conditions provided for in articles 112 and 116 of Law no. 6815 of 19 August 1980.
§ 1 The order to determine the filing of the proceedings, it will request for reconsideration within thirty (30) days from the act of publication in the Official Gazette.
§ 2 Maintained filing , the Minister of Justice may appeal within the same period as the previous paragraph.

Article 127

If the hypothesis foreseen in the previous article does not occur, or if the appeal is granted without a final decision granting naturalization, the Director-General of the Federal Department of Justice, if he deems necessary, may determine other measures.
§ 1 ° The Federal Department of Justice will inform the naturalized of the requirements to be fulfilled by him, within the term established.
§ 2º If the naturalized person does not comply with the order within the established period, or does not justify the omission, the request will be filed and can only be renewed with the fulfillment of all the requirements of article 119.
§ 3º If the diligence is independent of the interested party, the body the one that is requested must comply with it within 30 (thirty) days, under penalty of verification of the responsibility of the server.

Article 128

Once the naturalization decree was published in the Federal Official Gazette, the Federal Department of Justice will issue a certificate for each naturalization.
§ 1 ° The certificate will be sent to the Federal Judge of the city where the interested party is domiciled, for solemn delivery in a public, individual or collective hearing, in which the Magistrate will say the meaning of the act and the duties and rights resulting from it.
§ 2 Where there is more than one Federal Judge, delivery will be made by the First Court.
§ 3 ° When there is no Federal Judge in the city where the interested parties are domiciled, delivery will be made through the ordinary Judge of the district and, failing that, by the nearest district.
§ 4 If the interested party, in the course of the process, changes his address, he may request that the certificate be delivered by the competent Judge of the city where he started to reside.

Article 129

The delivery of the certificate will consist of a term drawn up in the hearing book, signed by the Judge and the naturalized person, who must:
I – demonstrate that he / she knows the Portuguese language, according to his / her condition, by reading excerpts from the Constitution;
II – expressly declare that he renounces his previous nationality;
III – take on the commitment to properly fulfill the duties of a Brazilian.
§ 1 ° The national of Portuguese nationality does not apply the provisions of item I of this article.
§ 2 The date on which the naturalized person made a commitment will be noted on the certificate, as well as the fact that the respective term has been drawn up.
§ 3 The Judge will communicate to the Federal Department of Justice the date of delivery of the certificate.
§ 4 ° The Federal Department of Justice will inform the body in charge of military enlistment and the Federal Police Department of the naturalizations granted, as soon as the respective certificates are delivered in the appropriate book.

Article 130

The delivery of the naturalization certificate, in the cases of articles 121 and 122, will be made to the interested party or their legal representative, as the case may be, upon receipt, directly by the Federal Department of Justice or through the regional bodies of the Federal Police Department.

Article 131

The delivery of the certificate to the naturalized persons referred to in article 124, may be made by the Head of the Brazilian Diplomatic Mission or Consular Office in the country where he is residing, subject to the formalities provided for in the previous article.

Article 132

The act of naturalization will have no effect if the certificate is not requested by the naturalized person, within 12 (twelve) months, counted from the date of its publication, except for reasons of force majeure duly proven before the Minister of Justice.
Single paragraph. After the term referred to in this article has elapsed, the certificate must be returned to the Director-General of the Federal Department of Justice, for filing, noting the circumstance in the respective record.

Article 133

The process, initiated with the request for naturalization, will end with the solemn delivery of the certificate, as provided for in articles 129 to 131.
§ 1 ° In the course of the naturalization process, any of the people may challenge it, as long as they do so reasonably.
§ 2 ° The challenge, in writing, will be addressed to the Minister of Justice and suspend the course of the process until its final assessment.

Article 134

The delivery of the certificate will be suspended when verified by the federal or state authorities a change in the conditions that authorized naturalization.

Title XI – Procedure for Investigating Infractions

Article 135

The infractions provided for in article 125 of Law no. 6,815, of August 19, 1980, punished with a fine, will be determined in an administrative proceeding, which will be based on the respective record.

Article 136

The agency responsible for applying this Regulation is competent to draw up the Notice of Infraction.
§ 1 The notice must report, in detail, the infraction and its classification.
§ 2 After signed by the agent who draws it, the record will be submitted for signature by the infringer, or by his legal representative who attends the drawing.
§ 3 If the infringer, or his legal representative, cannot or does not want to sign the record, the fact will be certified in it.

Article 137

After the infraction notice is drawn up, the infringer will be notified to present a written defense, within 5 (five) business days, counting from the notification.
Single paragraph. After the deadline and the presentation of the defense is certified or not, the case will be judged, and the infringer will be notified of the decision rendered.

Article 138

From the decision imposing a penalty, the infringer may appeal to the immediately higher court within 5 (five) business days, counting from the notification.
§ 1 The appeal will only be admitted if the applicant deposits the amount of the fine applied, in local currency, or provides a suitable bond or surety.
§ 2º Once the appeal has been received and the information provided by the defendant, the case will be sent to the immediately higher court within 3 (three) business days.
§ 3 Once the final decision has been made, the case will be returned within 3 (three) business days to the original office for:
I – the appeal being provided, authorizing the withdrawal of the deposited amount, the security or the bail;
II – the appeal is denied, authorize the payment of the fine to the National Treasury.

Article 139

In the event of non-filing or non-admission of an appeal, the process will be forwarded to the National Treasury Attorney’s Office for the calculation and registration of the debt.

Article 140

The offender’s departure from the National Territory will not interrupt the process.

Article 141

As verified by the Ministry of Labor that the employer keeps his foreign service in an irregular situation, or is prevented from exercising remunerated activity, the fact will be communicated to the Federal Police Department of the Ministry of Justice, for the appropriate measures.

Title XII – The National Immigration Council

Article 142

The National Immigration Council, a collective deliberation body, linked to the Ministry of Labor, will have its headquarters in the Federal Capital.

Article 143

The National Immigration Council is made up of a representative from the Ministry of Labor, who will preside over it, one from the Ministry of Justice, one from the Ministry of Foreign Affairs, one from the Ministry of Agriculture, one from the Ministry of Health, one from the Ministry of Industry and of Commerce and one from the National Council for Scientific and Technological Development, all appointed by the President of the Republic, as appointed by the respective Ministers of State.
Single paragraph. The General Secretariat of the National Security Council will maintain an observer with the National Immigration Council.

Article 144

The National Immigration Council will have the following duties:
I – guide and coordinate immigration activities;
II – formulate objectives for the elaboration of the immigration policy;
III – establish rules for the selection of immigrants, aiming to provide specialized labor to the various sectors of the national economy and to raise funds for specific sectors;
IV – to promote or promote the study of problems related to immigration;
V – define the regions referred to in article 18 of Law no. 6,815, of August 19, 1980, and prepare the respective immigration plans;
VI – carry out a periodic survey of the needs of qualified foreign labor, for admission on a permanent or temporary basis;
VII – resolve doubts and resolve omitted cases, with regard to the admission of immigrants;
VIII – opine on changes to immigration legislation, proposed by a federal agency;
IX – prepare its Internal Regulations, to be submitted to the approval of the Minister of Labor.
Single paragraph. The decisions of the National Immigration Council will be determined by means of resolutions.

Article 145

This Decree takes effect on the date of its publication.

 

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