Some questions in my mind on bringing parents to Brazil

Hi friends, how are you? I have a some questions in my mind. I want to know from my experience of friends here.

My marriage is 4 years running. As a marriage Brazilian I got permanent residence . Maybe I shared it some months ago that my husband was bitch with me. He hit me . I have a proof that he hit me. Even he promised with Bible that he will not hit me. But he did. I have all of this video and conversation that will prove he hit me. I am seperated now. Maybe he will divorce me.

1. Now my question is can I send my documents to my parents to bring them here as I am seperated from my husband?

Yes, if you still have your CRNM , the PF did not revoke your permanent visa and there´s no process pending at the Policia Federal of any complaints against you. If you´re now separated, you should file a divorce first on the grounds of domestic violence and irreconcilable differences. You should do it before de does, otherwise you would be at the defensive. Who makes the noise first usually has the advantage. Hire a lawyer in this case and don´t procrastinate if you really think your marriage is over.
Taking care of first things first and would later be easier to bring your parents here. You´re now also entitled to citizenship for being married for more than a year to a Brazilian citizen and can also be based on the grounds of your length of residency in Brazil.

robal

Thanks robal, actually I am waiting because of coronavirus. I will file against her with my proof.

Robal, here how much Reais do I need to pay for lawyer for my case? Just idea. I need to get idea about money. Because I need to save this money.

Approximately R$1,800. Tales 6-12months for
divorce proceedings.

robal

If you have a stable job, you can arrange
for a monthly installment with your lawyer.

Thanks robal again, you are helpful. Do I need make boletim in guarda civil against her or do I need to talk with lawyer for make it?

Yes, because the Boletim de Ocorrência helps your case and that is issued by the police - usually when it just happened and when the Policia Militar comes and respond to your call. But you can also go to the Policia Civil (Delegacia de Policia) to register the incident. And remember, they should not ask for ANY evidence or witnesses. You can register that incident in ANY district as you so choose. It doesn´t have to be the district that that incident happened. Go to the
closest police headquarters. Keep a copy and then go to your lawyer to talk.

You can start the divorce proceedings right away and talk to your lawyer if you can do monthly installments until you liquidate all that you owe regarding your case.

robal

Many many thanks robal. I understood clearly.

You bet. Come back anytime!

Hello robal, I have come to you again. Someone told me to go to public forum where I can get government lawyer free to file divorce.

Now my question is which is better? Find personal lawyer  or government lawyer? Because I don't want my permanency destroy because of lawyer. So suggest me please

Maria,
I tried to contact a Fed lawyer, but is not in, but his office said a government employee (MJ lawyer) cannot represent a non-citizen unless in a federal court and non-citizen cannot afford an attorney.
Not sure on a state or local government employee.
According to MJ office a domestic violence's, a woman in a situation of domestic and family violence has the right to meet with specialized police personnel and police experts in an uninterrupted manner, with that service rendered by officers preferably of the female sex who have been previously trained for this kind of situation. The examination of a woman in this situation or of one who is a witness to domestic violence, when a crime against a woman has been committed, must comply with the the Law.
I see this as a way to proceed without an attorney because the police will file charges, if warranted,  and will summon or apprehend the accused.
Now this does not take care of the issue of divorce immediately, but your request for a divorce can be heard when a trial is set. Many times the accused will not challenge this (especially now with "stay ay home" increasing such abuse) and a settlement can be made wherein the accused grants a divorce in return for not going to jail.

There are private lawyers which do "pro bono" work. I do not know if Brazil has "legal aid" offices, but if they do I would search for one. If there is a lawyer which will grant a free consultation, use s/he. That person can advise you as to legal aid if s/he will not do such for free.

Thanks texanbrazil, but now what should I do in this situation?? Where do I need to go? Police or lawyer??

Yes, because the Boletim de Ocorrência helps your case and that is issued by the police - usually when it just happened and when the Policia Militar comes and respond to your call. But you can also go to the Policia Civil (Delegacia de Policia) to register the incident. And remember, they should not ask for ANY evidence or witnesses. You can register that incident in ANY district as you so choose. It doesn´t have to be the district that that incident happened. Go to the
closest police headquarters. Keep a copy and then go to your lawyer to talk.

You can start the divorce proceedings right away and talk to your lawyer if you can do monthly installments until you liquidate all that you owe regarding your case.

robal

Sorry did not mean to confuse you.
I would do as Robal said first. I was just giving additional information. As he stated you need to make the report first... The law I was referring is for all police organizations in BR and once the report is made, maybe the Policia can help guide you. They deal with this issue often.

Additionally, what you heard about going to a "forum" may mean go to the court house not the internet. There are many resources at the city court houses and maybe even legal aid.

Maria919 :

Hello robal, I have come to you again. Someone told me to go to public forum where I can get government lawyer free to file divorce.

Now my question is which is better? Find personal lawyer  or government lawyer? Because I don't want my permanency destroy because of lawyer. So suggest me please

Hi Maria. I was quite busy and I wasn´t able to respond right away. But here it is. In your case, I don´t see any particular reason why you should prefer one over the other for efficiency except the free service which is great. I´ve always preferred to pay good lawyers although very expensive because of their track record of success and with the rationale that since you´re paying, he officially works and fights on your behalf. Well, I´ve found nothing like that in Brazil especially in small towns. Lawyers hug and kiss even at the courthouse and apparently make arrangements to each other to end the case for their benefit and "honorarios" and not their clients. That already happened to me. So to make the story short, let me again enumerate the steps:

1. Make a Boletim de Ocurrência at a Delegacia da Mulher (better) or any police station in your area. This coincides with "Lei Maria de Penha" which protects women from violence. This step, aside from making you look good to the Policia Federal when it comes to your residency status, it also paves the way for the police to enforce measures for  your protection from the aggressor. I can name a few, but I can include that later if you ask.

2. Go the Forum (city court) where you can get the free defense lawyer at the Defensoria Publica. If you are of low income they´ll represent you. Actually, it´s not the amount that you make. It´s the amount you spend to support yourself in relation to your monthly pay. Even if you have a high income, a judge can just assign an arbitrary amount that you pay to be donated to an organization pertaining to the court system or human rights group. Hell, even foreigners like tourists who are within the borders of Brazil can use it.

3. Go for it!

"I tried to contact a Fed lawyer, but is not in, but his office said a government employee (MJ lawyer) cannot represent a non-citizen unless in a federal court and non-citizen cannot afford an attorney.
Not sure on a state or local government employee."

Tex, an employee of the Fed lawyer in his office just misinformed you. Anyone can use the Defensoria Publica (Public Defenders Office).

https://oestrangeiro.org/2013/12/24/est … a-publica/

robal

Oh my God, many many thanks robal and texanbrazil for your kind. Ok dear friend. I will do it.

You´re welcome and good luck!

robal :

"I tried to contact a Fed lawyer, but is not in, but his office said a government employee (MJ lawyer) cannot represent a non-citizen unless in a federal court and non-citizen cannot afford an attorney.
Not sure on a state or local government employee."

Tex, an employee of the Fed lawyer in his office just misinformed you. Anyone can use the Defensoria Publica (Public Defenders Office).

https://oestrangeiro.org/2013/12/24/est … a-publica/

robal

I think the MJ office I contacted in Brasilia was referring to that office. I was uncertain as to State and local offices. As said the law covers all Policia in BR. My friend only handle Federal cases (i.e. Supreme Court) in which a party can not afford an attorney
I gave it a shot at the highest level, but since the Fed Attorney I know was not present, they referred me to another English speaking party which I always find my English and others are not the same.
I wish her well

Hi friends, I am back . I am sorry to disturb you again. I went to polícia civil today. The man listened my story. He suggested me to go to lawyer. He wrote in paper in short form. OAB . I hope OAB is lawyer.

He said me that this boletim will not help. But firstly I need to talk with lawyer. What are you thinking about that ? I am sharing my experience friends.

OAB - Ordem dos Advogados do Brasil. It´s a lawyer´s organization (certified lawyers)
in Brazil after passing the test. It´s equivalent but not exactly like passing a bar exam for lawyers in the US of A.

Don´t listen to him. I hope you did the Boletim. After that, go to the Defensoria Publica to get the free lawyer. Not all of them are OAB lawyers. But that doesn´t really determine a lawyer´s competency per se. ANYONE with a Bachelor´s degree in Law can be a district attorney, a judge, a captain of the Policia Militar etc. Besides, "defensores" also passed a concurso administered by the department.

They will defend you especially abuses to women who can´t afford a lawyer. Now, if you were to pay
out of your pocket, then get an OAB lawyer. I did that, but not of a benefit at all. It could have been free from a Defensoria Publica. It it was criminal or involving corporate matters, probably better. Civil cases, like your case, it´s by the book. Easy and any lawyer can do that. Defensoria Publica is ok in your case.

robal

Thanks robal for reply.

The police man didn't take my boletim, he suggested me that I need to talk to lawyer. Lawyer will process it. Maybe I am foreigner. Or aggressor isn't with me . I don't know lawyer can handle it or not. But now I think that if polícia federal ask me about separate then I can show my evidence. And I can tell that I went to polícia civil to make boletim but polícia civil didn't receive it. I have a strong evidence.  I don't know what will be happened in future. I am finding lawyer here in my city to discuss. Thanks again robal

The reason I recommended the Boletim is because that is a quick, responsible and a serious way to present to authorities if they ever question your motive for the divorce.
The Policia Federal might question if you did that to get rid of your "marriage of convenience" status. If your ex-husband challenges and does not grant the divorce, you have an additional proof aside from witnesses and additional proof that you possess.

In any way, I hope you succeed with any undertakings you´re planning. Good luck and be safe!

robal

You don´t need to have your aggressor with you to file the boletim or you´ve been denied to file because you´re a foreigner. However, you can ask your lawyer to help you file one at a Delegacia de Mulher or at a local police station.

If you´re more comfortable with an OAB private lawyer then do so. You can do instalment payments if you have to. Don´t make it so hard for yourself. It´s really easy.
Smile, it´s not the end of the world. And as soon as you finish filing for divorce, maybe you can think of starting the paperwork for your parents.

thanks for showing hopes,  i was really stressed for it when police declined. It's logic that if police federal ask why divorce or marriage of convenience. I can show my evidence . Evidence is clear . He said what he did with me. I have a video. I saved it.  Even he said it with Bible that he hit me and he will never hit me again. I have all of this video. I hope it will help me

Ok. Take care and be safe.

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