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Policia Federal Discretion

boombop4477

What kind of Discretion, if any,does a particular PF agent have,regarding overstay fines when you return and find yourself saddled with a undermined amount of multa and fines due to overstaying, which i mistakenly did during the covid situation?

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cccmedia

Dear Boombop,

Are you asking about Brazil's force?

Your profile indicates you may be traveling between the USA and Brazil.

If you are asking about Brazil, I may ask the Expat.com home office to relocate your thread to a Brazil forum.  You are currently posting on an international Expatriate Forum, not specific to Brazil or the U.S.

Also, what do you mean by an "undermined amount" that may be owing to a government?  Do you mean undetermined?

cccmedia

cccmedia

boombop4477 wrote:

What kind of Discretion, if any, does a particular PF agent have, regarding overstay fines...?


One has to assume that a government agent has the right to enforce the full penalty provided in law for overstay fines -- multa and fines being synonymous in this context.

Nonetheless, South American countries vary in terms of enforcement of immigration laws and overstay penalties.

In my personal experience, for instance, Peru is lenient.  Shortly before the worldwide pandemia, I overstayed in Lima by a number of months.  At the airport, they gave me a bill for about $200 US with no more concern than if I was buying a veggie burger.  I went to another window, with no waiting-line, paid up and went on to my flight out of Peru.

Colombia seems much more strict with its immigration laws.  Once, in Popayán, I was detained for two hours, interrogated and then checked out online .. because I hadn't picked up a 'cédula' ID within a certain timeframe after being approved for a visa.  I was threatened with a large financial penalty until it was confirmed that I had the visa and I explained why I hadn't yet picked up the ID.

cccmedia

beppi

Overstaying is illegal in all countries - and it is not allowed to discuss illegal acts on this forum (read the forum rules). Thus the discussion should stop here!

Guest34567

Not sure how asking about fines for visa violations is discussing or promoting illegal activity, but OK.
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As far as I am aware, the PF has a rather broad discretion as to fines; during the period in which the OP overstayed, there was a [little discussed and hardly mentioned] exception which allowed for up to 60 days extension of the tourist visa.  As far as visas themselves, most PF agents didn’t even write in the prazo during this time. 

If you’ve already left Brasil, you’re likely completely out of luck now - you really should have shown evidence that you tried making arrangements to leave when you went for your visa extension.  You did apply for an extension, right?  If you neither applied for the extension nor tried to contact the PF in regards to your situation, you may as well be prepared to pay the fines.

boombop4477

Thanks,I completely misunderstood at the time,they stopped the clock,due to the pandemic,overnight it went to 90 days,on 11/3/20,  unaware of that,when i left,bingo,i didnt extend,assuming i had plenty of days to my credit.nope.Thanks again.

cccmedia

13ofClubs wrote:

Not sure how asking about fines for visa violations is discussing or promoting illegal activity....

As far as I am aware, the PF has a rather broad discretion as to fines....


Your instincts are correct, 13ofClubs.

Violations of laws must not be advocated on our forums.

However, visa regulations may be discussed, including the level of enforcement of such in relevant jurisdictions.

Ipso facto, discussion may continue on this thread.

cccmedia
member, Expat.com experts team