Brazil changes rules for deportation of foreigners

The right to a fair hearing and to appeals have been preserved

Published in 14/10/2019 - 16:39 By Alex Rodrigues - Brasília

Brazil’s Ministry of Justice and Public Security today (Oct 14) published new rules for the deportation and repatriation of foreigners seen as dangerous, also applicable to individuals who perpetrated acts “contrary to the principles and objectives set forth in the Brazilian constitution.”

People regarded as dangerous are those suspected of involvement with terrorism; organized criminal groups, criminal associations that are either armed or have guns at the ready; traffic of drugs, people, or guns; pornography and sexual exploitation involving minors; and football supporters’ clubs with a history of violence in stadiums.

The new rules include the right to a fair hearing and legal security, with the observance of all procedures and terms under the law. Among the main changes are the extension of the term for people forced to leave the country to appeal against a ruling—from 48 hours after the notification is issued to five days.

The legal authorization for Brazilian authorities to use information from national or foreign intelligence agencies  is still required, but the intelligence must not be used to prevent people facing government persecution from entering Brazil or staying in Brazilian territory. The authorities in charge must also make all justifications for deportation public.

The new rules retain the principle according to which no one may be banned from the country, repatriated, or deported due to their race, religion, nationality, or for being part of a specific social group or expressing a certain political opinion. These guarantees also apply to people facing persecution in their country as a result of an accusation of a merely political crime or opinion.

Translation: Fabrício Ferreira -  Edition: Valéria Aguiar / Nira Foster

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