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Governo brasileiro concede anistia a estrangeiros que vivem ilegalmente no Brasil

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Brazilian government grants to amnesty the foreigners who live illegally in Brazil
Automatically translated into English thanks to WorldLingo
Fabiana Uchinaka
Of the UOL Notice, In São Paulo

About 50 a thousand foreigners who live irregularally in Brazil has some years could be amnestied from this thursday (2). The Project of Law 1664, that it was approved in the Congress in June and sancionado today for president Luiz Inácio Lula Da Silva, benefits the immigrants who had entered in the country until 1º of February of 2009 and valley in such a way for who arrived legally, but it was for bigger period that the granted one in the entrance visa, how much for who it crossed the border in clandestinity.

During the ceremony, the president also signed the guiding to the Congress of the project for a new law of foreigners, that must substitute the current law, of 1980. The Ministry of Justice still launched the eCertidão, that the expedition will allow saw negative certificate Internet of naturalization and will speed the consultations, that before took years.

According to national secretary of Justice, Romeu Tuma Júnior, the objective of the regularization is to bring it legality and to guarantee citizenship for these people, who live in precarious conditions, they are victims of human traffic e, many times, finish in enslaved or degradante work, without any assistance.

The resolution, pled has years for on groups to the Human Rights and to the affected segments, it contributes so that the immigrants have access to the market of work with the same legal guarantees of the Brazilians: signed wallet, public health, gratuitous education, access to the banking system and the credit and the right to go and to come inside of the territory.

“The amnesty means to have document of identity, wallet of work, labor laws -- work of eight hours, overtime, vacation and bigger wage that the vital minimum. E, in case that this is not fulfilled, means to be able to go to Justice. It also means access the public school, driver's license, counts bank clerk, CPF. It means to be able to open a company. It means if to feel a person inside of Brazil and this is everything ", summarizes lawyer Grover Calderón, president of the National Association of Foreigners and Imigrantes in Brazil (ANEIB).

This is the fourth time that Brazil grants to the benefit the foreigners who already live in the country - he had you amnesty in 1980, 1988 and in the last one, in 1998, 40 a thousand people had been almost legalized.

The main objective of the measure is to obtain to take off the immigrants of abusive situations of work, but, of this time, the proposal of the Brazilian government also inlays an intention to ahead mark position of the last controversies involving immigrant damaged and withheld Brazilians in the exterior. Amnesty: procedures
1. To enter with the order of provisory residence in up to 180, Federal Policy
2. To present voucher of entrance
in country (or, for the illegal passengers, some document that she proves that the person deferred payment in Brazil)
3. To present a declaration of that it does not answer the criminal proceeding or of that
has not been condemned criminally, in Brazil or exterior
4. To pay to the tax for expedition of the Identity card of Foreigner (R$ 31,05) and
the tax of register (R$ 64,68)

Tuma secretary Júnior explains: “In contrast of the countries of the Europe and the United States, we want to give a complete treatment, to show that we do not accept the criminalização of immigration and that it must be seen as a humanitarian question, an irregularity, not a crime. It is a direct reply to these countries ".

As to proceed
With the amnesty, the irregular foreigner has 180 days (from the publication of the law) to enter with order of provisory residence, that valley per two years, without any retaliation is applied or charged fine on account of the illegality situation. Normally, the foreign one only receives the visa when house with a Brazilian, has a Brazilian son or when it has Brazilian parents.

The interested parties in the regularization must go to a police station of the Federal Policy, as he happens for the passport withdrawal, and present a voucher of entrance in the country (or, for the illegal passengers, some document that he proves that the person deferred payment in Brazil, as medical documents, voucher of rent, etc.), and a declaration of that does not answer the criminal proceeding or of that has not been convicted criminally, in Brazil or the exterior.

The tax for expedition of the Identity card of Foreigner (CEI) will be of R$ 31,05 and the register tax will be of R$ 64,68.

Three months before the end of the validity of the transitory registration, the foreigner will be able to require the permanent visa, as regulation to be defined by the government. For this, it will need to also prove profession or allowed job, enough goods for its maintenance and of its family, absence of criminal fiscal or antecedent debts and not to have for more than left the country 90 days consecutive during the period provisory residence.

High taxes and fear of extradition
Although to wait anxious for the benefit, the entities that represent the immigrants fear that the high taxes, that together add R$ 100 almost, the document necessity that proves job, that hinders that the explored ones are benefited, and the lack of spreading between the people that have little access to the information turns an impediment for the success the amnesty.

“Who is being explored, that it has four or five children, does not have conditions to pay the tax, that is for person. The entrepreneurs only have. If not to change this, only go to benefit the masters ", standes out the director of migration of the Center of Support to the Migrante, Pablo Ylles. The Ministry of Justice says that, for the time being, it will not have any type of exemption of the taxes.

Rosita Milesi, of the Institute Human Migrations and Rights, counts that in the first amnesty (1980) it had confusion in the information on the transitory registration and many irregular foreigners who if had presented to the Federal Policy they had been litigated with fine and notifying to leave the country. The fear of a “trap” also hinders that the illegal ones make use of the amnesty.

Tuma secretary Júnior explains that “the people have fear, for being irregular, to be ordered in return or punished, has fear to face the masters, who create empecilhos for the register of the immigrants. Now they will have breath to denounce abuse situations ". According to it, the tax charged for identity card emission is obligator for law for any foreigner, but the amnesty project foresees that only 25% if wall lamp at this moment, that is, about R$ 100.

Another point criticized for Ylles is the delay in the regularization process. “We desire that the amnesty happens with more agility, because, old, the delivery of documents arrived to delay two years more than”, counts.

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