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ATTENTION TO THE RULES FOR IMPEDIMENT FOR ENTRANCE, REPATRIATION AND SUMMARY DEPORTATION

The Ministry of Justice and Public Safety has published the Ordinance No. 666 of July 25th, 2019, which deals with the impediment for entrance, repatriation and summary deportation of a dangerous person or who has performed an act contrary to the principles and objectives set forth in the Federal Constitution.
 
The impediment for entrance, repatriation and summary deportation shall be attributed to those suspected of involvement or who have committed acts related to terrorism; an organized criminal group or armed criminal association; trafficking in drugs, persons or firearms; child pornography or sexual exploitation; as well as the crowd of sports events with a history of stadium violence.
 
With regard to summary deportation, the police authority shall report the arrest of the deportee to the diplomatic mission of his country of nationality or, failing that, to the Ministry of Foreign Affairs, within a maximum of 48 (forty-eight) hours.
 
The deportee will be notified to present a defense or voluntarily leave the country within 48 (forty-eight) hours from the notification. The decision of deportation may be appealed, with suspensive effect, within 24 (twenty-four) hours, from the notification of the deportee or his defender. An appeal decision shall not be subject to any further administrative appeal.
 
On the same day, the Federal Public Defender's Office (DPU) published the  Technical Note No. 06/2019, promoting the legal analysis of Ordinance No. 666/19, pointing to the unconstitutionality of the new normative text, as well as its opposition to the immigration legislation in force since 21 November 2019.
 
According to the DPU, Ordinance No. 666/19 infringes the following legal provisions:
 
Principle of the Presumption of Innocence or Non-Guilt, provided for in Article 5, LVII, of the Federal Constitution of 1988 - for providing in its legal text “suspicious dangerous persons”, without due legal bases defining the degree of dangerousness and criminal liability of the person subject to the effects of the Ordinance;
 
Principle of Due Process of Law and Principle of Contradictory and Principle of Broad Defense, respectively predicted in Article 5, items LIV and LV, of the Federal Constitution of 1988 - for instituting Summary Deportation, not provided by the current migratory legislation, having the person who was notified 48 (forty-eight) hours to produce evidence and present its defense; and 24 (twenty-four) hours to present its appeal, in case of approval of the Summary Deportation by the judging authority. It is noteworthy that Law No. 13.445 / 17 (Migration Law) establishes in its articles 50 to 53 the rule for Deportation, not mentioning the arrest or other precautionary measure concerning to the procedure of compulsory removal of immigrants from Brazil; and
 
Prohibition of Deprivation of Freedom by Migration Issues, provided for in Article 123 of the Migration Law -  when the Ordinance has established that the federal police authority may represent before the federal court for arrest or other precautionary measure at any stage of the deportation process.
 
Do you want to know more? Access the link and read the full text of the Decree.
 
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