Foreigners can work before having a permanent visa granted
The 7. ª Turma TRF / 1. ª Region granted unanimously, to a foreigner the right to engage in gainful activity in Brazil. Although the plaintiff has not yet received his permanent visa, being married to Brazilian and have requested a permanent visa, the Panel ruled that the appellant no longer fits the profile of tourists, because he lived in the Country
The action was initiated after Regional Medical Council of the State of Mato Grosso (CRM / MT) was ordered to cancel the registration of the petitioner on the grounds that he was a foreign professional without a permanent visa and thus prevented from having a paid job.
The convened "Relator" federal judge Klaus Kushel, found for the record that the appellant had received from the Department of Immigration Police of the Regional Department of the Federal Police of Mato Grosso statement that stated explicitly that the foreigner could exercise remunerated activity, ensuring that " has legal stay in the country and meets with request to stay for Brazilian spouse. "
In the view of the Relator, the right secured by the absence of Security Order can be considered illegal practice or abuse of power against the petitioner. Also emphasizes that "the publication in the Diário Oficial da União is not more significant than the Constitution, because the plaintiff has permanent residence in the country by reason of having entered into marriage with Brazilian citizen."
The Relator also noted jurisprudence of the 4th Region, according to which: "In conclusion, the interpretation of Article 98, transcribed above, that foreigners with a Permanent Visas are allowed to exercise remunerated activity, since the plaintiff already had in 02.04. 2002 permanent visa for a spouse of a Brazilian. "(AMS No. 2002.70.00.032025-0/PR - Relator: Federal Judge Carlos Eduardo Flores Thompson Lenz - Relator for judgment: Federal Chief Judge Silvia Goraieb - TRF / 4th Region - Third Turma - DJ 14/01/2004 - p. 314.)
Procedure: 0011856-16.2007.4.01.3600
SOURCE: TRF-1st Region