By Arkady Petrov
RIO DE JANEIRO, BRAZIL – The number of foreigners expelled from Brazil increased 82 percent last year.
The sanction, applied by the Ministry of Justice and Public Security, has increased from 375 people in 2017 to 683 in 2018.
This upward trend continues in 2019 as until April 30th of this year the federal government has already kicked out 254 people, which represents 37 percent of all registrations made in 2018.
The expulsions were mostly the result of crimes committed by foreigners in Brazil, such as drug trafficking, theft, robbery, and forgery, in addition to the use of a false document.
Most of the decisions concerned African and South American citizens. Drug trafficking represents 90 percent of cases. The Federal Police make requests for deportation.
André de Carvalho Ramos, professor of international law at the University of São Paulo (USP), explains that there has been a change in Brazilian legislation with the coming into force of the Immigration Law, in 2017.
Clearer Rules on Deportation
The measure provides more explicit rules on the deportation of foreigners and a precise definition of crimes that were previously treated as actions noxious to the national interest.
“The law speaks of the deportation of foreigners who commit serious or common crimes, a felony, which is liable to imprisonment,” he commented.
But that does not mean that all those convicted must leave the country. “We must consider the severity and the possible re-socialization of these foreigners,” he added.
Finally, the current legislation enables those who are deported to return to Brazil after the deadline set by the Ministry of Justice.
“Before the expelled foreigner could never return, now the period of duration of the measure is linked to the total penalty applied. And it can never be twice as long,” concluded the expert.
Behind the scenes, it is said that after the former judge of Lava Jato in Curitiba (PR), Sergio Moro, took over the Ministry of Justice and Public Security, there was a tightening in the application of penalties. The minister has expedited the processing of cases.
The deportation of foreigners may occur in cases of willful felonies punishable by imprisonment such as genocide, acts against humanity, war or aggression.
The Brazilian rule also provides for four situations that prevent foreigners from being expelled.
Even if the foreigner commits a crime, his/her stay is guaranteed if he/she has a Brazilian child or a Brazilian person under his/her guardianship; if he/she has a spouse or partner residing in Brazil; or if he/she has entered the country before the age of 12.