New Tourist overstay penalty from 8 Reais to 120 Reais ?!?!
Last activity 18 February 2020 by Texanbrazil
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Decisão do Delegado da PF
A few people have appealed through their lawyers, the replies from Federal Police I've seen all say the same. Without the act, that bit can't be taken advantage of. When (if) it comes out, it should say how this would work and if it applies to your case or not.
An interesting thing is that, in one of de decisions, the police officer replies to the lawyer saying:
6. Frise-se, ainda, que, ao contrário do que aduzido pelo interessado, a existência da multa não inviabiliza seu retorno ao país, pois, a partir da entrada em vigor da Lei 13.445/17, deixou de existir a causa de impedimento de entrada em virtude do não pagamento de multa, que era prevista no art. 26, §1o, do revogado Estatuto do Estrangeiro.
Decisão do Delegado da PF
Which means something like the bit of law that prevented a person to get in Brazil if a fine wasn't paid, was revoked. So there's nothing preventing a person (even if the person was fined and doesn't pay for it) to enter the country.
I'd love to hear what other's interpretation of this would be, but from what I read, the law, in fact, doesn't list no-payment as a reason to refuse you entering the country. It just says you have to be fined if you overstay. Nothing else.
I have no idea how likely you are to convince the immigration agent of that though. But it seems to me that you could pay it whenever you can, without that having anything to do with your next visit.
I am not a lawyer, would love to hear what someone more knowledgeable thinks.
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