Koetz International and Succession

Main sectors and activities in Brazil today: international and national

Eduardo Koetz — Thu, 30 Apr 2026 14:00:05 +0000

In this text, you will read about the main sectors and economic activities of Brazil, both domestically and internationally. In general, we have some understanding of trade between countries and around the world, but it’s also common to have questions about how economic activities occur and are sustained. Furthermore, we will better understand Brazil’s role in international trade and what its main exports are.

In addition, Brazil is a rich country, possessing important resources and the means to assume a strategic role in world trade. Check it out!

If you would like legal assistance from our team, send us a message on WhatsApp.

What are Brazil’s international sectors?;
And the national ones?;
Are there activities that foreigners can perform in Brazil?
What activities can foreigners invest in?

Main Sectors and Activities in Brazil Today: International

Brazil maintains international relations with different countries around the world and its main activities are cabotage and long-distance international freight. In this way, the country is able to send and receive different goods, either by sea or air.

In short, the main difference between the means of exchanging goods that Brazil does around the world is:

Cabotage: navigation between ports of the same country, that is, maritime transport of cargo that supplies industries or brings raw materials for production. However, cabotage is not limited to the sea and can occur on lakes, rivers, for example. Cabotage can occur on international routes, across borders;
Long-distance international freight: exchange of goods governed by an international contract, accepted between the two countries involved. The rules are established by the contract, which explicitly states the duties of the buyer and seller, as well as the import and export process, freight, among others.

Thus, Brazil is an exporting country, meaning it sends products to the world. Its main exports are:

Steel ores;
Iron;
Beef;
Chicken;
Sugarcane;
Ethanol;
Oranges;
Coffee;
Sugar;
Soybeans.

Therefore, the Brazilian economy encompasses three main sectors: primary, secondary, and tertiary.

Main Sectors and Activities in Brazil Today: National

Brazil’s regions are rich in resources, contributing in different ways to the national economy. In other words, the country is a source of diverse natural and food resources that contribute to a rich economy.

Here are some examples. In the North region:

For example, there is:

Extractive activities, mainly of latex, wood, açaí, and Brazil nuts;
In addition to mining, such as gold, iron, and copper.

The Northeast contributes to the Brazilian economy with:

Industrial fields;
Tourism;
Oil extraction;
Agribusiness.

The Central-West has:

Agriculture and livestock;
In addition to plantations of soybeans, corn, among others.

The Southeast maintains:

Industrial centers, mainly focused on steelmaking;
Automotive factories.

The South contributes with:

Industries;
Textile centers;
Agriculture and livestock.

What activities can foreigners undertake?

There are several activities that foreigners can undertake in Brazil. To illustrate, the main ones vary and include:

Academic research;
Working vacation;
Religious activities;
Volunteer work;
Artistic or sporting activities;
Work;
Investment;
Among others.

In which activities can foreigners invest?

Foreigners have a variety of options when it comes to investing in Brazil. However, the main activities in which foreigners can invest in Brazil, as individuals or legal entities, are:

Traditional Brazilian companies;
Brazilian startups and innovation or research companies;
Bringing companies to Brazil, such as branches, among others;
Real estate.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Activities exclusively for Brazilians: a list and alternatives for foreigners!

Eduardo Koetz — Wed, 01 Apr 2026 14:00:34 +0000

Some professional activities are exclusive to Brazilians. Check out the list of cases and the alternatives for foreigners who want to work in the country.

Check it out!

If you would like legal assistance from our team, send us a message on WhatsApp.

In this text, I will explain:

What is an activity exclusive to Brazilians?;
Why are some activities exclusive to Brazilians?;
Can naturalized Brazilians perform these activities?;
What are the exclusive activities?;
Are there similar alternative options for foreigners?;
What if the foreigner has Brazilian citizenship?

What is an activity exclusive to Brazilians?

Activities exclusive to Brazilians are those that only native-born Brazilians can perform. In principle, these activities include leadership positions in the Brazilian state and the army.

It’s worth adding that, in these cases, it is not possible to perform such activities even for naturalized Brazilians. But why is this?

Why can some activities in Brazil only be performed by Brazilians?

The restriction on activities that can only be performed by Brazilians, specifically native-born Brazilians, occurs for security reasons. That is, these activities deal with sensitive issues for the State and the nation, such as sovereignty and national security. Thus, the restriction is a mechanism for protecting the Brazilian State.

As mentioned, the restriction also applies to naturalized Brazilians. That is, although the Federal Constitution states that there is no distinction between native-born and naturalized Brazilians, in practice there are exceptions. In short, these are exceptions related to sensitive activities, as we explained.

The Constitution itself provides for exceptions:

§ 2º The law may not establish a distinction between native-born and naturalized Brazilians, except in the cases provided for in this Constitution.

What are the activities exclusive to Brazilians?

The activities exclusive to Brazilians are:

President of the Republic: The President is the highest authority in the country and also the leader of the Executive Branch, one of the Three Powers. In addition to being head of state, he/she is also head of government, and can make important decisions about the country. Furthermore, it is the President’s responsibility to represent Brazil internationally;
Vice-President of the Republic: His/her duty is to defend and uphold the Brazilian Constitution, as well as to observe laws, protect Brazil, and maintain the country’s independence. If the President of the Republic is absent due to travel or any other reason, it is the Vice-President’s responsibility to replace him/her, as in the case of death or removal from office;
President of the Chamber of Deputies: He/She is the third in line to succeed the President of the Republic, and also plays the role of conducting the work in the Plenary. He/She also commands the group of leaders of Brazilian political parties.
President of the Federal Senate: The President of the Senate has the function of convening and presiding over sessions, as well as communicating between the Senate and Brazil.
Supreme Court Justice: Has the role of “guardian” of Brazil, oversees and demands that the Brazilian Constitution be respected. In addition, judges possible crimes that may be committed by the President of the Republic;
Diplomacy Career: Diplomats are involved in activities exclusive to native-born Brazilians. Furthermore, they are responsible for representing Brazil abroad, acting as an intermediary in cultural, administrative, political, economic, and even environmental matters;
Armed Forces Officer: Officers, like the Armed Forces themselves, aim to defend Brazil, even internationally, as well as uphold the Law and Constitutional Powers;
Minister of State for Defense: The Minister of Defense works to ensure that Brazilian sovereignty is upheld and respected. Furthermore, they work in conjunction with the Armed Forces, aiming for the well-being of the Brazilian population.

Upon acquiring citizenship, can a foreigner perform activities exclusive to Brazilians?

Officially, citizenship is the naturalization of a foreigner. That is, they become Brazilian, but by naturalization. As explained, there is a distinction between native-born and naturalized Brazilians in cases of sensitive activities of the Brazilian State.

Therefore, upon acquiring “citizenship,” a foreigner cannot perform these exclusive activities listed by the Federal Constitution.

Are there similar alternative options that foreigners can pursue? If so, what are they?

Partially! A naturalized Brazilian can participate in political activities, in official positions, but with restrictions on higher-level positions. That is, there is no substitute for the position of President of the Republic, for example.

However, there are other positions such as city councilor, vice-mayor or mayor, senator, state representative, or federal representative.

Furthermore, it is worth remembering that in the case of senators and representatives, naturalized Brazilians cannot run for president of the Senate or the Chamber of Deputies.

Furthermore, non-naturalized foreigners are not eligible to apply for the aforementioned positions.

In summary

In summary, positions sensitive to the Brazilian state, involving issues such as national sovereignty and security, cannot be held by either foreigners or naturalized Brazilians. In other words, these are activities exclusive to native-born Brazilians.

However, naturalized Brazilians can indeed perform other types of political activities in other spheres of government. Foreigners, on the other hand, must first obtain naturalization before competing for and/or occupying such positions.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Florianópolis: the real estate gem of southern Brazil

Eduardo Koetz — Mon, 30 Mar 2026 14:00:56 +0000

Florianópolis is an important city in southern Brazil. With a diverse population and a friendly atmosphere, Florianópolis is a dynamic city that attracts visitors and residents from all over the world.

Therefore, if you are looking for a good real estate investment, with many people interested in renting or buying, or if you simply want a place to relax, enjoy outdoor activities and experience a unique culture: Florianópolis is definitely an option to consider.

If you would like legal assistance from our team, please send us a message on WhatsApp.

Florianópolis: What to Expect from the City?

Florianópolis is the capital of the state of Santa Catarina, in southern Brazil. It’s also known for its crystal-clear beaches, vibrant culture, and high quality of life. As such, the city is considered an important tourist destination, attracting visitors from all over the world with its beautiful natural landscape and lively nightlife.

Thus, the city has a population of approximately 470,000 inhabitants and is one of the most developed cities in Brazil. The city offers a wide range of entertainment options, including bars, restaurants, shops, and tourist attractions. Furthermore, it has a strong economy, with a large service sector and a growing technology industry.

Education is valued in Florianópolis, with a wide range of high-quality public and private schools. In addition, the city has a large public university, the Federal University of Santa Catarina, which attracts students from all over the country.

Overall, Florianópolis is a vibrant and welcoming city, offering a tranquil lifestyle and stunning natural surroundings.

Not to mention that it’s known for its beaches and good quality of life. In other words, as a popular tourist destination, there are many properties available for rent or purchase, including apartments, houses, and commercial properties.

Does the city offer real estate opportunities for foreigners?

Initially, for foreigners wishing to invest in real estate in Florianópolis, it’s important to consider Brazilian real estate laws and tax issues.

One option is to seek out real estate agencies or bilingual professionals who can assist in mediating between you and the owner, as well as with the legal procedures.

Therefore, it’s advisable to seek a reliable real estate broker and a lawyer specializing in international law to help navigate this process. Furthermore, it’s important to have an understanding of the local economy and real estate market trends to assess the viability of an investment.

In general, Florianópolis is a good choice for foreigners seeking a peaceful life with beautiful natural scenery and an attractive community, as well as for foreigners who wish to own real estate in Brazil as a source of income.

Furthermore, there are various types of high-end properties available in Florianópolis, including beach houses, luxury apartments, and commercial properties.

Due to its popularity as a tourist destination, many property owners choose to rent them out for short periods at high prices, which can generate a good income. In general, investing in real estate in Florianópolis can be a good choice for those seeking financial returns.

Regions of Florianópolis: A Major Tourist Destination in Brazil

Therefore, Florianópolis is a great investment option when considering real estate, as it is a major tourist destination in Brazil. Here are some examples:

Campeche: One of the most popular beaches on the island, with crystal-clear waters and stunning natural scenery;
Jurerê Internacional: One of the most elegant places in Florianópolis, with a high concentration of bars, restaurants, and luxury hotels;
Joaquina: One of the best-known beaches on the island, famous for its lively nightlife and excellent surf waves;
Santinho: A tranquil and beautiful place, with calm waters and white sand;
Lagoinha do Leste: A wild and preserved beach with incredible natural scenery;
Matadeiro: A deserted and isolated location with crystal-clear waters and stunning natural scenery.

These are just a few of the many beaches that Florianópolis offers, and there is much more to explore and enjoy in the city.

Florianópolis: A Technological Hub

Florianópolis also stands out as a technology hub in Brazil, with several renowned companies established in the city.

Sapiens Park, for example, is a technology center that houses several internationally renowned technology companies, such as Acate, the largest association of technology companies in southern Brazil.

Another important space for the sector is Impact Hub, which brings together entrepreneurs, investors, and professionals in the field to promote innovation and collaboration in projects with social and environmental impact.

In addition, Florianópolis hosts important technology events, such as RD Summit, one of the largest digital marketing events in Latin America, which attracts thousands of people to the city every year.

A great opportunity in southern Brazil!

In short, owning property in Florianópolis offers many advantages. The city offers an exceptional quality of life, with paradisiacal beaches, lush nature, and a pleasant climate throughout the year.

Furthermore, Florianópolis has a growing economy, especially in the technology sector, which can be advantageous for investors and entrepreneurs.

The city also boasts a complete infrastructure, with efficient public services, a good transportation network, and excellent leisure options such as parks, museums, theaters, and restaurants.

With a unique blend of natural beauty and economic opportunities, Florianópolis is an incredible place to live or invest in real estate.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Foreigners in Brazil: legal advice for those who want to live in the country

Eduardo Koetz — Fri, 27 Mar 2026 14:00:44 +0000

Brazil is becoming an increasingly ideal destination for foreigners, whether for tourism, study, work, or even permanent residency.

Contributor: Mariana Cruz de Lemos

It’s important that foreigners have access to clear and accurate information about their rights. In this text, you will understand some of the main rights of foreigners in Brazil and the laws and regulations governing immigration in the country.

If you would like legal assistance from our team, please send us a message on WhatsApp.

What is the Foreigner’s Law?

Currently, the law that regulates the rights and duties of foreigners, both visitors and residents, is Law No. 13,445, of May 24, 2017, known as the “Migration Law“. Law 9,474, of July 22, 1997, deals specifically with refugees.

What rights are provided by law to foreigners residing in Brazil?

Foreigners residing in Brazil enjoy all the rights recognized to Brazilians, under the terms of the laws and Article 5 of the Federal Constitution:

Article 5. All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and property (…).

In addition, according to the Migration Law, the following are also guaranteed:

I – civil, social, cultural and economic rights and freedoms;

II – Right to freedom of movement within the national territory;

III – Right to family reunification of the migrant with their spouse or partner and their children, relatives and dependents;

IV – Protection measures for victims and witnesses of crimes and violations of rights;

V – Right to transfer resources derived from their income and personal savings to another country, in accordance with applicable legislation;

VI – Right to assembly for peaceful purposes;

VII – Right of association, including trade union association, for lawful purposes;

VIII – Access to public health and social assistance services and social security, in accordance with the law, without discrimination based on nationality and immigration status;

IX – Broad access to justice and free comprehensive legal assistance for those who prove insufficient resources;

X – Right to public education, with discrimination based on nationality and immigration status prohibited;

XI – guarantee of compliance with legal and contractual labor obligations and the application of worker protection standards, without discrimination based on nationality or immigration status;

XII – exemption from the fees referred to in this Law, upon declaration of economic hardship, as regulated;

XIII – right of access to information and guarantee of confidentiality regarding the migrant’s personal data, in accordance with Law No. 12,527, of November 18, 2011;

XIV – right to open a bank account;

XV – right to leave, remain in, and re-enter national territory, even while a request for a residence permit, extension of stay, or transformation of a visa into a residence permit is pending; and

XVI – the immigrant’s right to be informed about the guarantees assured to them for the purposes of immigration regularization.

It’s worth remembering that these rights are not exhaustive; that is, foreigners may acquire other rights in the future.

What are the rights of non-resident foreigners in Brazil?

Although the Federal Constitution only mentions foreigners residing in the country, non-resident foreigners who are in Brazilian territory, in principle, possess the same rights mentioned above.

It’s important to note that some rights may vary according to the nationality and situation of each individual, such as foreigners whose countries of origin are part of Mercosur, for example. Therefore, it is recommended that foreigners seek legal assistance tailored to their specific situation.

Do foreigners have the right to public health and education in Brazil?

Yes, as mentioned, foreigners have the right to receive medical and hospital care in Brazil through the Unified Health System (SUS), regardless of whether they are residents or not.

Regarding education, foreigners residing in Brazil have the right to enroll in public schools and universities, provided they meet the admission requirements, which includes a visa or residence permit.

Non-resident foreigners with a valid tourist visa can take short courses related to areas such as culture, sports, and leisure. However, foreigners should pay attention to the specifics of each course and obtain accurate information about the type of visa required and the specific requirements for their situation.

Can foreigners enroll in the Brazilian social security system?

Yes, they can. Brazil even has International Social Security Agreements with several countries to ensure that both the social security rights provided for in Brazilian legislation and the legislation of the foreigner’s country of origin are respected.

What are the main limitations for foreigners in Brazil?

There is a list of activities that are exclusive to native-born Brazilians in Brazil; that is, even naturalized foreigners cannot practice them. These include:

President of the Republic;
Vice-President of the Republic;
President of the Chamber of Deputies;
President of the Federal Senate;
Minister of the Supreme Federal Court; Diplomatic Career;
Officer of the Armed Forces;
and Minister of State for Defense.

What types of visas are granted to foreigners in Brazil?

In short, the types of visas provided for by the New Migration Law are: Visit; Investment; Family Reunification; Digital Nomad; Courtesy; Official and Diplomatic Visits.

A visa is a document issued by the Brazilian Government that authorizes the entry of foreigners into Brazil. Once granted, it has an expiration date, meaning the foreigner’s stay in the country will be temporary.

It’s important that the foreigner clearly identifies the reason for their trip to Brazil so that they can apply for the correct type of visa and remain legally in the country.

How can a foreigner establish residency in Brazil?

Although visas are temporary, there is a type of “permanent visa” called an indefinite-term residence permit.

A residence permit can be granted to a foreigner who wishes to reside permanently in Brazil, provided they have a justification foreseen in Brazilian law. Some of the reasons include: medical treatment; humanitarian reception; study; work; religious activity or volunteer service; family reunification.

To obtain a residence permit, the foreigner must present documents justifying their stay in the country. The required documentation varies according to the reason the foreigner wishes to reside in the country.

What are the ways a foreigner can leave the territory of the State?

Besides leaving the State voluntarily, there are three forms of compulsory departure: repatriation, deportation, and expulsion.

Repatriation is the voluntary return of a foreigner to their country of origin, usually in cases of emergency or calamity. It is not a punishment.

Deportation is the compulsory removal of a foreigner from the country for reasons stipulated by law, such as committing crimes or violating immigration regulations. It may be accompanied by other measures, such as a ban on entry into the country for a specific period.

Expulsion is the most serious of the three forms of removing a foreigner from the country and can only be applied in cases of extreme gravity, such as the commission of heinous crimes or a threat to national security. It may be accompanied by other measures, such as the loss of a residence visa in the country.

Is it possible for a foreigner to become a naturalized Brazilian citizen?

Yes, it is possible for a foreigner to become a naturalized Brazilian citizen, that is, to choose to acquire Brazilian nationality.

Whether or not the foreigner will lose the nationality of their country of origin upon becoming a naturalized Brazilian citizen depends on the legislation of their country of birth.

According to Article 64 of the Migration Law, there are four types of Brazilian naturalization: ordinary; extraordinary; special; and provisional. Each requires fulfilling different requirements, and the application for Brazilian naturalization must be submitted to the Federal Police, and then to the Public Prosecutor’s Office.

Considering the various requirements for granting Brazilian naturalization, it is advisable that interested foreigners seek a qualified lawyer to assist them throughout the process, providing the best legal advice and avoiding potential complications.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Brazilian visa for adoption: rules, deadlines and precautions

Eduardo Koetz — Wed, 25 Mar 2026 14:00:53 +0000

In fact, there isn’t a specific Brazilian visa for adoption. Therefore, if you need to come to the country to carry out an adoption procedure, the most common visa is a visitor visa. This type of visa allows entry and stay for up to 90 days. See the text for the main information and requirements for adoption in Brazil.

If you would like legal assistance from our team, send us a message on WhatsApp.

What is a Brazilian visa for adoption?

In Brazil, there is no specific Brazilian visa for adoption. In short, if you need to come to Brazil to carry out an adoption procedure, you must obtain another type of visa.

Generally, this will be a visitor visa, which allows entry into the country and stay for up to 90 days.

However, if the stay in Brazil is longer than 90 days, you need to assess your situation with a specialist. This way, you can determine the best legal strategy for your stay.

Furthermore, in some cases you may need a specific visa, which we explain below.

Adoption Visa in Brazil for Foreigners from Countries with International Adoption Treaties

One example is countries that are part of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

In these cases, a specific visa may be required for international adoption purposes, according to the rules established by the countries involved.

However, other specific treaties and regulations may exist, which you need to investigate according to your country of origin and the circumstances of the adoption.

Can a foreigner living in Brazil adopt a child or adolescent in the country?

Yes, a foreigner legally residing in Brazil can adopt a Brazilian child, following the procedures and requirements established by Brazilian adoption law.

Foreigners residing in Brazil must meet the same requirements established for Brazilians in the adoption process, such as:

Being at least 18 years old;
Being evaluated for suitability for adoption by a multidisciplinary technical team;
Demonstrating moral integrity;
Providing adequate housing and living conditions;
Being able to guarantee the well-being of the child or adolescent;
Among others.

What are the requirements for a Brazilian adoption visa?

As explained, there is no specific Brazilian visa for adoption. Therefore, you will likely need a visitor visa, which allows you to stay in the country for up to 90 days.

If you need more time or if you come from a country with a specific international treaty with Brazil, then you will need to discuss other strategies with a specialist lawyer.

Furthermore, if you are a foreigner residing in Brazil with permanent or temporary authorization, you can also proceed with the adoption process.

We explain some common requirements for adoption by a foreigner further on. Read to the end!

Visitor Visa Requirements

The requirements for obtaining a visitor visa to Brazil may vary depending on the applicant’s country of origin. However, the common basic requirements for obtaining a Brazilian visitor visa include the following:

Completed visa application form: You need to complete the specific Brazilian visa application form, available on the website of the Brazilian consulate or embassy in the applicant’s country of origin;
Valid passport: You will need a valid passport with at least two blank pages, valid for at least six months from the date of your intended entry into Brazil;
Recent photo: You must provide a 3×4 cm or 5×7 cm photo with a white background, taken within the last six months;
Consular fees: You need to pay the fees requested by the Brazilian Government. In addition, consular fees may vary depending on the type of visa, the applicant’s nationality, and the length of the intended stay in Brazil;
Among others.

Requirements for Temporary Residence Permit

Generally, the common requirements for obtaining a temporary residence permit may include the following:

Identification documents: you will need to present your valid passport and other officially recognized identification documents, such as an identity card or equivalent document;
Reason for temporary residence: you need to have a valid reason to reside temporarily in the country, such as work, study, investment, family reunification, or other reasons permitted by local law.
Application form: you must complete the temporary residence permit application form, available from the immigration authority of the country where you wish to reside temporarily.
Proof of means of subsistence: you need to prove that you have sufficient financial means to cover your living expenses during the period of temporary residence. This may include bank statements, employment contract, proof of investments, among others.
Criminal record certificate: you must present a criminal record certificate or equivalent document to prove that you have no criminal record.

Requirements for Permanent Residency Authorization

Common requirements for obtaining permanent residency authorization in Brazil may include the following steps:

Valid temporary visa: before applying for permanent residency authorization, it is generally necessary to have a valid temporary visa in Brazil, obtained based on one of the immigration categories provided for in Brazilian law, such as work, investment, retirement, among others;
Length of residence in Brazil: you need to have resided in Brazil for a certain period of time, which varies according to the immigration category and the type of permanent residency authorization you are seeking. For example, for permanent residency authorization based on retirement, you need to have resided in Brazil with a temporary retirement visa for at least 2 years;
No criminal record: you must present criminal record certificates from all countries where you have resided in the last 5 years, proving the absence of a criminal record;
Proof of means of subsistence: you need to prove that you have sufficient means of subsistence to support yourself in Brazil without having to resort to public resources. This may include proof of income, investments, or other legal means of support;
Other documents: depending on the immigration category and the type of permanent residence permit you are seeking, other documents may be required, such as an employment contract, proof of investment, marriage and birth certificates, among others.

How long does it take to get a Brazilian visa?

Generally, the processing time for Brazilian visas can take a few weeks or months. In some cases, it can take more than a year.

The visa processing time can vary depending on several factors, such as the volume of applications received by the Consulate or Embassy, the complexity of the case, the capacity of the consular authorities to handle these applications, and the immigration policies of the country issuing the visa.

To minimize waiting time, adoptive parents should organize all necessary documentation in advance. That is, you should verify that you meet the requirements for the visa you are applying for.

Adoptive parents should be in constant contact with the Brazilian Consulate responsible for the visa process. Furthermore, they should be available to provide additional information or clarify any doubts that may arise during the visa application review process.

What is the permitted stay in the country for a Brazilian visa?

As explained before, there is no Brazilian visa specifically for adoption. Therefore, foreigners who come to Brazil for the purpose of adopting a Brazilian child generally obtain a visitor visa. Consequently, this visa allows entry into the country for tourism, visiting relatives, medical treatment, business, or cultural activities, among other temporary purposes.

In these cases, the permitted stay in the country is usually up to 90 days per entry, and can be extended for an equal period in Brazilian territory, totaling a maximum of 180 days (six months) within a 12-month period.

How many times can I return to Brazil with a Brazilian visitor visa without requesting a new one or renewal?

According to Brazilian law, a visitor visa allows a temporary stay in Brazil for a period of up to 90 days per entry. Therefore, the visa can be extended for an equal period in Brazilian territory, totaling a maximum of 180 days (six months) within a 12-month period.

After completing the maximum stay of 180 days within a 12-month period, the foreigner would need to leave Brazil. Furthermore, they can only return after a new 12-month period from the date of their last departure.

If the adoptive parents wish to travel to Brazil again for other purposes, they must apply for an appropriate visa for that purpose at the Brazilian Consulate in their country of origin.

What documents are needed to apply for a Brazilian visitor visa?

Adoptive parents must present the following documents when applying for a Brazilian adoption visa:

Valid passport: The foreign adoptive parent’s passport must be valid for at least six months from the date of planned entry into Brazil;
Visa application form: The foreign adoptive parent must complete and sign the visitor visa application form, which can be obtained from the Brazilian Consulate or Embassy;
Photo: Generally, you must present a recent 3×4 or 5×7 photo, according to the specifications established by the Brazilian Consulate or Embassy;
Proof of financial resources: The foreign adoptive parent may need to present proof of sufficient financial resources to cover their expenses during their stay in Brazil, such as bank statements, credit cards, among others;
Proof of accommodation: It’s common to be asked for proof of accommodation in Brazil, such as a hotel reservation or an invitation letter from a Brazilian resident.
Criminal record certificate: In some cases, a criminal record certificate issued by the foreign adopter’s country of origin may be required.
Documents related to adoption: The foreign adopter may need to present documents related to adoption, such as proof of being in the adoption process in Brazil, indication of a Children and Youth Court responsible for the case, among other documents related to adoption.

Some Consulates may require additional documents, such as letters of recommendation, criminal record certificates, statements of support from local authorities, among others.

Therefore, adoptive parents should contact the Brazilian Consulate in their country of origin. That is, obtain detailed information about the documentation required to apply for a Brazilian adoption visa.

How to apply for a Brazilian visa for adoption?

To apply for a Brazilian visa for adoption, adoptive parents must follow these steps:

Identify the type of visa: The foreign adoptive parent needs to identify the correct type of visa for their purpose, which in the case of adoption would be a visitor visa;
Gather necessary documents: The foreign adoptive parent must gather the necessary documents to apply for the visa, which may include a valid passport, a completed and signed visa application form, a recent photo, proof of financial resources, proof of accommodation, a criminal record certificate, and documents related to the adoption, such as proof of being in the adoption process in Brazil, indication of a Children and Youth Court responsible for the case, among others;
Send or deliver the documents: The foreign adoptive parent must send or deliver the complete documents to the Brazilian Consulate or Embassy in their country of origin, along with payment of the consular fee, if applicable; Schedule an interview: In some cases, the foreign adopter may be required to schedule a consular interview to supplement their visa application;
Awaiting a decision: The Brazilian Consulate or Embassy will review the visa application and, if approved, will issue the visa in the foreign adopter’s passport. Therefore, processing times may vary, and you should be aware of the specific deadlines and procedures of the Brazilian Consulate or Embassy in question.

What could go wrong with my Brazilian adoption visa application?

Some common problems that can arise during the Brazilian adoption visa application process include:

Lack of documentation: If the required documentation for the visa is not submitted correctly, the process may be delayed or even denied;
Incorrect information: If the information provided in the visa application is incorrect, such as spelling errors or false information, this may result in visa denial;
Health problems: If the health of the adoptive parents or the adopted child does not meet the necessary requirements for the visa, this may result in visa denial;
Financial problems: If the adoptive parents cannot prove their financial capacity to care for the adopted child, this may lead to visa denial;
Criminal record: If the adoptive parents have a criminal record, this may affect their ability to obtain the visa;
Lack of communication: If adoptive parents do not respond to requests for information from the Consulate or fail to attend scheduled interviews, this may result in delays or denial of the visa;
Changes in laws and regulations: Laws and regulations related to visas may change at any time, which may affect the adoptive parents’ ability to obtain a visa.

Therefore, adoptive parents should inform themselves in advance about the requirements for a Brazilian adoption visa and prepare the documentation carefully. In addition, they should maintain regular contact with the Brazilian Consulate throughout the application process.

How can a lawyer help me?

A lawyer can assist you in all stages of the Brazilian adoption visa application process. From preparing the documentation to resolving any problems that may arise during the process.

Some ways a lawyer can help include:

Document preparation: An experienced lawyer can help ensure that all necessary documents for the visa application are in order and correctly submitted;
Requirement verification: A lawyer can review the requirements for obtaining an adoption visa and help you understand which requirements you meet and which may be a challenge for you;
Guidance on the process: A specialist can provide guidance on the visa application process and help you avoid common mistakes that can delay or prevent obtaining the visa;
Assistance in obtaining additional information: If problems arise during the visa application process, a lawyer can help you obtain additional information or clarify any questions the Consulate may have;
Legal representation: If you encounter any problems that could result in visa denial, a lawyer can legally represent you to resolve the issue and help you obtain the visa.

In short, having an experienced lawyer can help increase your chances of obtaining a Brazilian adoption visa. Furthermore, they can help ensure the entire process goes smoothly.

Common Requirements for Foreigners to Adopt in Brazil

The requirements for a foreigner to adopt a Brazilian child may vary according to the legislation in force in Brazil, as well as international treaties to which Brazil is a signatory. One example is the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

International adoption is a complex and regulated process designed to protect the rights and well-being of the children involved.

General requirements for a foreigner to adopt a Brazilian child may include:

Age: The adoptive parent must be at least 18 years old. Furthermore, the age difference between the adoptive parent and the adopted child must be at least 16 years;
Legal capacity: The adoptive parent must have the legal capacity to adopt, that is, they must be considered capable under the law;
Authorization from their country of origin: the foreign adoptive parent must obtain authorization from the authorities of their country of origin to adopt a Brazilian child. This may involve obtaining specific documents or declarations, according to the laws of the adoptive parent’s country of origin;
Residency in Brazil: The foreign adoptive parent must legally reside in Brazil throughout the adoption process, which may take some time;
Assessment of capacity for adoption: The foreign adoptive parent must undergo an assessment of their capacity to adopt a child, which may include interviews, home visits, and psychosocial evaluations;
Compliance with adoption process rules: The foreign adoptive parent must comply with all rules and procedures of the adoption process established by Brazilian law and competent authorities, including participation in court hearings and compliance with specific deadlines and requirements;
Consideration of the child’s well-being: The international adoption process is always focused on the best interests and well-being of the child. Therefore, the competent authorities will assess whether adoption is the best option for the child, considering their physical, emotional, and social well-being.

Brazilian Visa for Adoption: How to Proceed?

In short, the Brazilian visa for adoption is not a specific visa category. However, as with international adoption, you need a specific visa according to the regulations established by the countries involved.

Thus, foreigners legally residing in Brazil can adopt Brazilian children, following the procedures and requirements established by Brazilian adoption law. Furthermore, you should check the requirements for obtaining a visitor visa and temporary residence authorization, as these may vary depending on the country of origin and the reason for your stay in Brazil.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Volunteer visa in Brazil: everything about VITEM VIII

Eduardo Koetz — Mon, 09 Feb 2026 14:00:55 +0000

The Volunteer Visa in Brazil is a visa intended for foreigners who wish to provide volunteer services in Brazilian non-profit organizations.

Thus, it allows foreigners to enter Brazil for the specific purpose of carrying out volunteer activities for a certain period of time, such as in charities, non-governmental organizations (NGOs), social projects, among others. Read more below!

If you need legal assistance from our team, please message us on WhatsApp.

VITEM VIII, Volunteer Visa in Brazil: What does it mean?

The VITEM VIII visa is for foreigners who wish to provide volunteer services to Brazilian non-profit organizations, such as:

charitable institutions;
non-governmental organizations (NGOs);
social projects;
among others.

This visa allows foreigners to enter Brazil for the specific purpose of carrying out volunteer activities for a certain period of time.

Like other visa categories, VITEM VIII has specific requirements such as:

proof of acceptance by the host organization in Brazil;
demonstration of sufficient financial resources to support oneself during the stay;
presentation of criminal record certificates;
among others.

What is the permitted stay for a volunteer visa in Brazil?

The maximum permitted stay for holders of volunteer visas in Brazil for volunteer activities is up to 1 year.

Who can obtain a Volunteer Visa in Brazil?

The Volunteer Visa in Brazil gives foreigners the opportunity to participate in volunteer programs in Brazilian non-profit organizations, such as charities, NGOs, social projects, and others.

Generally, the requirements for obtaining a Volunteer Visa in Brazil include:

Minimum age: typically, candidates must be at least 18 years old. Some volunteer programs may have specific age requirements;
Acceptance by a host organization: candidates must have an invitation letter or similar document issued by a Brazilian non-profit organization inviting them to participate in a volunteer program in Brazil;
Specific purpose of the trip: the purpose of the trip must be clearly to participate in volunteer activities at a non-profit organization in Brazil;
Financial resources: candidates must demonstrate that they have sufficient financial resources to support themselves during their stay in Brazil, including a return ticket;
Compliance with Brazilian laws: candidates must comply with Brazilian laws and regulations, including compliance with immigration rules and not engaging in paid activities during their stay in Brazil;
Other requirements: other specific requirements may be required, such as proof of health insurance, criminal record certificates, a valid passport, among others.

What types of volunteer work qualify a foreigner for this type of visa?

In Brazil, the Volunteer Visa is intended for foreigners who wish to participate in volunteer programs in Brazilian non-profit organizations.

Eligibility for this type of visa may vary depending on the volunteer program and the host organization.

Generally, volunteer programs with activities of a:

social;
cultural;
educational;
environmental;
health nature.

Some examples include volunteer work in hospitals, universities, with the elderly, people with disabilities, children, people in situations of social vulnerability, environmental protection, among others.

What are the requirements to obtain this type of visa?

Generally, common requirements for obtaining a Volunteer Visa in Brazil may include:

Invitation letter or similar document: you must have an invitation letter or similar document issued by a Brazilian non-profit organization inviting you to participate in a volunteer program in Brazil. The invitation letter should typically contain information about the organization, the purpose of the volunteer work, the duration of the program, and other relevant information;
Valid passport: you must have a valid passport with at least six months of validity from the date of entry into Brazil;
Visa application form: you need to complete the Brazilian visa application form, available on the official website of the Brazilian
Consulate or Embassy in the candidate’s country of origin;
Financial resources: you must prove that you have sufficient financial resources to support yourself during your stay in Brazil, including round-trip airfare, accommodation, food, and other personal expenses. Proof can be provided through bank statements, credit cards, and other documents;
Medical examination: some volunteer programs may require a medical examination attesting to the candidate’s good health;
Health insurance: Having valid health insurance that covers medical and hospital expenses during your stay in Brazil can be a good option;
Compliance with Brazilian laws: You need to comply with Brazilian laws and regulations, including observing immigration rules, not engaging in paid activities during the volunteer period, and not having a criminal record;
Other documents: Other documents may be required depending on the volunteer program and the host organization, such as certificates of relevant courses or skills, criminal record checks, among others.

How long after receiving the visa can I wait before traveling to Brazil?

The time to travel to Brazil after obtaining a Volunteer Visa can vary. After receiving the visa, you should check the expiration date, which is indicated on the visa itself.

Therefore, you must travel to Brazil and enter the country before the visa expires. So, the sooner you plan, the better to avoid any problems.

After entering Brazil with a Volunteer Visa, the visa holder can remain in the country for up to 90 consecutive days.

Can foreigners with a Volunteer Visa in Brazil work for pay?

No, foreigners with a Volunteer Visa in Brazil are not authorized to perform paid work in the country.

Therefore, the Volunteer Visa is only granted for the specific purpose of participating in volunteer activities. However, there is no permission to receive any type of remuneration in exchange for these activities.

Can foreigners with a Volunteer Visa study in Brazil?

Yes, foreigners with a Volunteer Visa in Brazil can study in the country, provided they comply with applicable regulations and the conditions of their visa.

The Volunteer Visa does not prevent studies in Brazil, as long as the main purpose of the stay remains volunteer work.

Holders of a Volunteer Visa can enroll in language courses, technical courses, undergraduate courses, postgraduate studies, master’s degrees, doctorates (PhD’s), and other educational programs regularly offered by educational institutions in Brazil.

However, you must respect the restrictions of the visa, which was granted for volunteer purposes, and ensure that volunteer work is the main activity during your stay in Brazil.

What can cause this visa to be denied?

A Volunteer Visa in Brazil can be denied for a number of reasons, such as:

Failure to meet the requirements and criteria established by Brazilian consular authorities, such as submitting incorrect or incomplete documents, lack of proof of the required qualifications, inconsistencies in the information provided, among others;
Having a criminal record or having been deported from other countries;
Having been previously prevented from entering Brazil or having violated Brazilian immigration laws;
Failure to provide adequate proof of the purpose of the volunteering and the entity or organization where the volunteering is intended to be carried out;
Failure to prove sufficient financial resources to support oneself during the stay in Brazil, including resources for accommodation, food, health, and transportation;
Presenting false or fraudulent information during the visa application process;
Posing a risk to the security, public order or public health of Brazil;
Failure to meet the health requirements for entry into Brazil, such as not presenting a mandatory vaccination certificate, when applicable;
Do not pay consular fees.

What can go wrong in the visa application process?

Several aspects can go wrong in the Brazilian Volunteer Visa application process. Some examples include:

Incorrect or incomplete documents: providing incorrect, incomplete, or poorly filled-out documents can lead to the rejection of the visa application. You must follow all instructions provided by the Brazilian consular authorities regarding the required documents. In addition to submitting the documents correctly and completely;
Failure to meet eligibility requirements: the Brazilian Volunteer Visa has specific requirements, such as proof of the volunteer work to be performed, proof of sufficient financial resources, and absence of criminal records or immigration violations. Failure to meet these requirements may result in visa denial;
Inconsistent or false information: providing inconsistent or false information during the visa application process, such as contradictory information in different documents, false information about the purpose of the volunteering or the entity or organization where the volunteering is intended to be carried out, can lead to the rejection of the visa application;
Lack of proof of financial resources: Failure to provide adequate proof of financial resources to support oneself during one’s stay in Brazil, including accommodation, food, health, and transportation, may result in visa denial.

Other possibilities:

Criminal record or immigration violations: having a criminal record, having been deported from other countries, or having violated Brazilian immigration laws may result in visa denial;
Lack of proof of the purpose of volunteering: failing to provide adequate evidence of the purpose of volunteering and the entity or organization where the volunteering is intended may lead to the rejection of the visa application;
Failure to meet deadlines and procedures: failing to meet the deadlines established by consular authorities or failing to correctly follow visa application procedures, such as inadequate completion of forms, non-payment of consular fees, among others, may result in visa denial.

What is the cost of this visa?

The cost of a Volunteer Visa in Brazil is generally R$100.00 (Brazilian Real). However, visa fees are determined based on the price of gold and international currencies.

Therefore, you should pay attention to any changes that may occur and verify the amount being charged at the Brazilian consulate or embassy in your country.

Where to apply for a visa?

The visa application for Brazil must be made at a Brazilian consular representation, such as a consulate or embassy in your country of origin.

The foreign volunteer must apply for the visa at the Brazilian Consulate or Embassy in their country of origin or residence.

You should contact the Brazilian Consulate or Embassy responsible for your domicile to obtain updated information on the specific visa application procedures, as well as the required documents, deadlines, and applicable fees.

Brazilian consular representations are located in various countries around the world and are responsible for issuing visas for entry into Brazil.

How far in advance of my trip do I need to apply for a visa?

The timeframe for applying for a visa can vary depending on the Brazilian Consulate or Embassy responsible for the jurisdiction where the foreign volunteer is located.

Generally, you should apply for a visa well in advance to allow adequate processing and review time by the consular authority, as well as to accommodate any unforeseen circumstances.

Therefore, processing time can vary, but on average it can take from a few weeks to a few months. This depends on the volume of applications, the complexity of the case, and specific consular procedures.

Regarding the Volunteer Visa in Brazil

In short, the Volunteer Visa in Brazil is a visa intended for foreigners who wish to provide volunteer services to Brazilian non-profit organizations. This allows them to enter Brazil for the specific purpose of carrying out volunteer activities for a maximum period of one year.

To obtain the visa, you must meet specific requirements, such as: proving acceptance by the host organization, demonstrating sufficient financial resources to support yourself during your stay, and presenting criminal background checks, among others.

Therefore, the requirements and procedures for obtaining the visa may vary and are subject to change. You should consult the Brazilian consular authorities or the Federal Police for updated information.

Common requirements for obtaining the visa include an invitation letter from the organization, a valid passport, a visa application form, financial resources, and a medical examination, when required.

If you need legal assistance from our team, please message us on WhatsApp.

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Working Holiday Program in Brazil for foreigners: VITEM VI visa

Eduardo Koetz — Fri, 26 Dec 2025 14:00:19 +0000

The Working Holiday Visa refers to a program designed for young adults who wish to travel to another country for tourism purposes and, at the same time, work to cover their travel expenses. Brazil offers this visa in conjunction with other countries. Are you interested in the Working Holiday Program in Brazil? Then follow the text below.

If you would like legal assistance from our team, send us a message on WhatsApp.

Who is the visa for?

The Working Holiday Visa is intended for young adults who wish to travel to another country for tourism purposes and, at the same time, work to cover their travel expenses. Typically, the requirements to apply for a Working Holiday Visa include:

Being between 18 and 30 years old (or up to 35 years old in some countries);
Having a valid passport;
Not having dependents accompanying you on the trip;
Having sufficient financial resources to support yourself during the trip;
Not having a significant criminal record;
Providing proof of health insurance for the entire trip.

From which countries can people currently apply for the visa?

The countries that offer the Working Holiday visa vary depending on the destination country. Some nations have bilateral agreements with several countries, while others may only offer the visa to a few countries.

Here is a list of countries that offer this type of visa, that is, have bilateral agreements with Brazil:

Australia;
Canada;
New Zealand;
France.

I am from another country, can I try to apply for this visa?

If you are not a citizen of the countries that have Working Holiday visa agreements with Brazil, unfortunately, it is not possible to apply for the Working Holiday visa in those nations.

However, there are other countries that offer the Working Holiday visa to citizens of different nationalities, including your country of origin.

Therefore, I recommend checking if the country you wish to visit has a Working Holiday visa program available for foreign citizens and what the specific requirements are to apply.

Each country has its own requirements and conditions for the Working Holiday visa, so you should check the updated information and ensure that you meet all the criteria before applying to the program.

How far in advance of my trip should I apply for a Working Holiday visa in Brazil?

Foremost, you should apply for a Working Holiday visa well in advance to ensure there is enough time to process the application and make all the necessary preparations before your trip.

Therefore, it is recommended to start the visa application process at least 4 to 6 months before your planned departure date.

This allows sufficient time to organize documents, complete forms, schedule interviews (if necessary), and resolve any issues that may arise during the application process.

However, you should remember that each Consulate or Embassy may have its own processing times and deadlines, so you should check the specific information for the country you intend to visit.

Generally, you should contact the Embassy or Consulate responsible for visa processing at least 20 days before your planned departure date to ensure there is enough time to process the visa application and receive the necessary documentation on time.

In addition, you should consider the shipping time for your application, if necessary.

How long does it take for the visa to be issued after application?

The processing time for visas is a minimum of 15 (fifteen) business days, which may be extended if consultation with Brazil is required.

Mainly, processing time can vary from a few weeks. In some cases, there may be delays or additional documentation requirements, which can prolong the application process.

Therefore, you should start the visa application process well in advance of your planned departure date, more than 20 days in advance, for example. This is to ensure there is enough time to process the application and receive the visa in time for your trip. This way, you will have more peace of mind to start your Working Holiday Program in Brazil.

How to apply for a visa?

The requirements and procedures for applying for a Working Holiday visa may vary depending on the destination country and the embassy or consulate responsible for processing the visa. However, in general, the application process includes the following steps:

Check the requirements: check the specific requirements for the Working Holiday visa for the destination country, including eligibility requirements, necessary documents, fees, and other relevant information. This can be found on the website of the country’s consulate or embassy, or through a travel agent or visa specialist;
Prepare the documents: prepare the necessary documents, which may include a valid passport, proof of income or employment, proof of health insurance, among others;
Complete the application form: complete the visa application form online or on paper, following the instructions of the consulate or embassy. The form usually includes personal information, employment history, contact information, and other relevant details;
Schedule an interview (if necessary): Some countries require a personal interview with a visa officer before granting a visa. Therefore, schedule an interview following the instructions of the consulate or embassy, if required;
Pay the fees: Pay the visa fees and any other necessary fees, following the instructions of the consulate or embassy;
Submit the documents: Submit all necessary documents, including the application form, passport, and supporting documents, to the consulate or embassy, following the instructions of the destination country.
Track the application status: Track the status of your visa application, following the instructions of the consulate or embassy.

Do I need to translate documents for the Working Holiday Program in Brazil?

Firstly, a certified translator must translate documents written in other languages into Portuguese. Additionally, an apostille may be required for documents from countries outside the jurisdiction.

Document legalization and document apostille are different processes, but both are used to validate the authenticity of a document in a foreign country.

Document legalization is a process generally carried out by a consulate or embassy of the document’s destination country. This involves certifying that the document is authentic, that the signature is valid, and that the document was issued by a competent authority. The purpose of legalization is to ensure that the document has the same legal value in the foreign country as it would in its country of origin.

Document apostille, on the other hand, is a more recent and simpler process, created by The Hague Convention of 1961. The apostille is a certificate issued by a competent authority in the document’s country of origin, confirming that the document is authentic. Apostille certification is used when the countries involved in the transaction are signatories to The Hague Convention, and it eliminates the need for consular legalization of the document.

In short, legalization is the process of certifying the authenticity of a document in a foreign country that is not a signatory to The Hague Convention. Apostille certification is a simplified process for certifying the authenticity of a document in countries that are signatories to The Hague Convention.

What to do if my submitted documents are lost?

The consulate or embassy will request that you resubmit the lost documents to complete the Working Holiday Program in Brazil and the visa application.

In other cases, they may allow you to submit certified copies of the original documents instead of the original documents. You should check with the consulate or embassy to understand what is required in your specific case.

What can go wrong with this visa application?

As with any visa application process, several factors can lead to problems or delays in the Working Holiday visa application. Some examples include:

Incomplete or incorrect documents: if you do not provide all the necessary documents, or if they are incorrect or incomplete, this may lead to delays or rejections of the application;
Concerns with the consular interview: in some cases, you must attend a consular interview for the visa application. If you are not prepared for the interview, or if there are discrepancies between your answers and your application information, this can lead to problems;
Criminal record issues: If you have a criminal record, this may affect your ability to obtain the visa. Some criminal offenses may lead to immediate rejection of the application;
Visa quota limits: In some countries, there may be annual quotas for the number of Working Holiday visas that are issued. If the quotas are already filled for the year you are applying for the visa, you may not be able to obtain it.

How can an international lawyer help me?

An international lawyer can assist you in several aspects of the Working Holiday visa application process. Some ways a lawyer can be helpful include:

Guidance on eligibility requirements: A lawyer can help you understand if you are eligible to apply for a Working Holiday visa based on the requirements of the destination country. They can provide information on age, education, languages, work experience, and other requirements needed to be eligible;
Assistance in document preparation: A lawyer can help you prepare all the necessary documents for the visa application. They can ensure that the documents are complete, correct, and ready for submission;
Monitoring the process: A lawyer can monitor the visa application process, checking the application status and providing regular updates;
Troubleshooting: If there are problems or delays in the visa application process, a lawyer can help you resolve them. They can provide guidance on how to proceed and help take steps to correct the problem.

Generally, an international lawyer can help you navigate the visa application process more easily and ensure you have the best possible chance of obtaining a Working Holiday Visa.

What does the Working Holiday Visa program in Brazil offer?

In short, the Working Holiday Visa program in Brazil is intended for young adults who wish to travel to another country for tourism purposes and work to cover their travel expenses. The countries that offer the Working Holiday Visa vary depending on the destination country, and some countries offer it to citizens of different nationalities.

Therefore, each country has its own requirements and conditions for the Working Holiday Visa. You should check the updated information and ensure you meet all the criteria before applying for the program.

Also, remember to start the visa application process at least 4 to 6 months before your planned departure date. Ultimately, processing times can vary from a few weeks, but there may be delays or additional documentation requirements, so it’s important to start the visa application process well in advance of your planned departure date.

The application process includes checking the requirements, preparing the documents, completing the application form, and paying the application fee.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post Working Holiday Program in Brazil for foreigners: VITEM VI visa appeared first on Koetz International and Succession.

Brazilian visa for activities of relevance for foreigners in the country

Eduardo Koetz — Mon, 22 Dec 2025 14:00:50 +0000

The VITEM X is a Brazilian visa for activities of temporary relevance that has not yet been regulated by the Brazilian government. However, according to information released by the Ministry of Foreign Affairs, this visa is intended for foreigners who wish to enter Brazil to develop activities of economic, scientific, technological, or cultural relevance.

If you would like legal assistance from our team, please send us a message on WhatsApp.

Brazilian Visa for Relevant Activities: While Expected, the Brazilian Visa for Relevant Activities is not yet fully regulated

The Brazilian visa for relevant activities is included in the list of temporary visas. However, it does not yet have its own detailed regulations specifying its characteristics.

Therefore, this text will explain the general rules for temporary visas, already regulated alternatives for the cases named in the visa, and what you should do if you need to come to Brazil based on one of the following travel purposes. Activities with relevance:

economic,
social,
scientific,
technological,
or cultural.

Temporary Visa: What is it?

The Brazilian temporary visa allows a stay of more than 90 days, generally between 1 and 2 years, based on a specific justification for the stay.

Who is the Brazilian visa for relevant activities for?

As mentioned earlier, the Brazilian visa for relevant activities has not yet received specific regulations. However, it will be intended for individuals who wish to come to Brazil to carry out activities of economic, social, scientific, technological, or cultural importance, lasting more than 90 days.

If the Brazilian visa for relevant activities is not yet regulated, what other visa can I apply for?

You can apply according to your travel purpose. For example, when undertaking activities:

Economic: Investor in a company, real estate investor, or research;
Social: Volunteer and, if it has an official governmental character, you can seek diplomatic visas, which are in a different category than visit and temporary visas;
Scientific: Visas for researchers affiliated with higher education institutions; work visa, if it is to work in a company/organization with a prior contract, or even a visit visa for congresses and scientific events, if applicable;
Technological: Work, investment, or visit visa for periods shorter than 90 days, based on congresses/events, among others;
Cultural: Work or visit visa based on artistic activities.

In addition, depending on your situation, the digital nomad visa may fit your needs!

We will explain a little more about each visa we mentioned below!

We have also included a summary of other visa options that may interest you later.

How do I know which visa is ideal for me?

First, you should analyze your needs, such as how long you need to stay in Brazil. In addition, you should analyze the requirements, such as income, employment contract in Brazil or abroad, investment amount, among others.

Investor Visa for Traditional or Innovation/Research Companies

The investor visa is for foreigners who decide to bring foreign capital to Brazil, generating jobs and boosting the economy.

The investment amount will be at least R$ 500,000.00 (five hundred thousand reais) or R$ 150,000.00 (one hundred and fifty thousand reais) for entrepreneurs investing in innovation projects.

Real Estate Investor Visa

The real estate investor visa is for foreigners who wish to own real estate in Brazil.

Investment in real estate varies according to the regions of Brazil:

R$700,000.00 (seven hundred thousand reais) for regions in the North or Northeast of Brazil;
or from R$1,000,000.00 (one million reais) for the other Brazilian regions.

Volunteer Visa

The Brazilian volunteer visa is for people who wish to work voluntarily in the country, meaning they do not require any type of remuneration.

The work is intended for Brazilian NGOs or non-profit institutions, and the stay period is one year.

Special Visa, such as Diplomatic Visa

Special visas, such as diplomatic visas, are granted to foreign authorities and officials who hold diplomatic status and travel to Brazil on official missions, whether temporary or permanent, representing a foreign government or international organization recognized by Brazil.

The stay period is generally 90 days, but may be altered according to the needs of the trip.

Researcher Visa

The researcher visa is for foreigners who intend to travel to Brazil for research, teaching, or academic extension activities lasting more than 90 days, without an employment relationship with a Brazilian research or teaching institution.

Work Visa

The work visa is for foreigners who have a relationship with a Brazilian company, i.e., work in Brazil. The stay period is 2 years, renewable for another 2 years. However, the term can also be indefinite if the contract stipulates so.

Remaining in Brazil for 90 days is permitted, with the possibility of extension for another 90 days.

Artistic Activities Visa

The artistic activities visa is for foreigners traveling to Brazil to participate in exhibitions, shows, artistic performances, artist meetings, or any related activity.

The visa does not allow other paid activities, and the stay period is longer than 90 days.

Digital Nomad Visa

The Digital Nomad visa is for people who work remotely for a foreign employer.

You must prove sufficient funds, such as USD 1,500 per month or USD 18,000 in bank account funds.

In addition, you must provide proof of a contract with a foreign employer.

How far in advance of my trip should I apply for a visa?

Actually, the sooner you can get organized, the better. Brazilian consulates generally recommend 20 days in advance, but don’t forget the need to organize documents, pay fees, fill out forms, and send them by mail.

Therefore, a period of at least 4 to 6 months is ideal to avoid unforeseen events and potential headaches during the visa process.

How long does it take for the visa to be issued after application?

Visa issuance requires a minimum of 15 business days and may be extended if consultation with Brazil is necessary.

Therefore, we also recommend that the entire procedure be completed in advance to avoid missing your trip.

How to apply for this visa?

As mentioned, the VITEM X visa for relevant activities is not yet regulated. Therefore, you must apply for an alternative, as listed previously.

In general, the steps for visa applications are:

Check which visa best suits your travel purpose;
Gather all the necessary documentation for your chosen visa application, including proof of the activity to be carried out in Brazil, certificates, diplomas, and other documents that can prove your professional qualifications;
Fill out the forms carefully and send all the necessary documentation to the Brazilian embassy or consulate. It is important that you send everything at once to avoid delays in processing your application;
Wait for a response from the embassy or consulate regarding your visa application. If approved, you will receive the chosen visa and can travel to Brazil to carry out your activity.

What original documents do I need to provide for a Brazilian visa for relevant activities?

When applying for your chosen visa, you will need to provide some original documents, such as:

Valid passport: you must present your original passport, valid for at least six months from the date you plan to arrive in Brazil;
Completed application form: you must complete the visa application form provided by the Brazilian embassy or consulate. Fill out this form completely and with accurate information;
Recent photo: you must provide a recent 3×4 cm photo with a white background and without glasses;
Proof of payment of the consular fee: you must pay a consular fee for the visa application. Therefore, present the proof of payment along with the other documents;
Supporting documents: you must present original documents that prove your relevant activity to be carried out in Brazil, such as diplomas, certificates, invitations, letters of introduction, and other documents relevant to your field of work.

Do I need to translate the documents for the Brazilian visa for relevant activities?

Yes, through certified translation.

If your foreign document was issued in a country that is part of The Hague Convention, you need to have it apostilled.

This is a simplified way to validate documents.

To do this:

Click here and see the list of countries;
Then, click on the country that issued your documents;
Finally, a page should appear with the location and contact information of the competent authority to perform the apostille!

However, for countries that are not part of The Hague Convention, you need to follow another procedure: legalization. Legalization must be done before you come to Brazil.

Legalize your document at the Brazilian Consulate or Embassy in the place where the document was issued;
Pay the necessary fees;
Afterwards, have the document translated into Portuguese by a certified Brazilian translator.

What to do if my submitted documents are lost?

Embassies and consulates are not responsible for lost documents. Therefore, you must repeat the procedure.

What can go wrong with the Brazilian visa application for activities of relevance?

Some of the possible problems that can occur in the visa application process that will replace the VITEM X for activities of economic, scientific, technological or cultural relevance include:

Missing documents: if you do not provide all the necessary documents for the visa application, or if the documents provided are incomplete or inaccurate, this may delay the processing of your application or lead to its refusal;
Passport problems: if your passport is not valid for at least six months from the date of your expected arrival in Brazil, or if there are other irregularities with the document, this may affect the granting of the visa;
Problems with the consular fee: if you do not correctly pay the consular fee required for the visa application, or if the proof of payment is missing or incorrect, this may prevent the granting of the visa;
Criminal record: If you have a criminal record or there are suspicions that you may pose a threat to the security of Brazil, this may affect the granting of the visa;
Inconsistency in the activity to be carried out: If the information provided about the activity to be carried out in Brazil is not clear, or if there are inconsistencies in the information provided, this may affect the granting of the visa;
Technical or administrative problems: There may be technical or administrative problems affecting the processing of your visa application, such as delays in the analysis of documents or problems with the visa issuance system.

Brazilian Visa for Activities of Relevance

In short, the Brazilian government has not yet regulated the VITEM X, the Brazilian visa for temporary activities of relevance. Despite the lack of specific regulations for this visa, you can apply for other already regulated alternatives, depending on the purpose of your trip.

These alternatives include investor visas, work visas, researcher visas, artistic activity visas, volunteer visas, diplomatic visas, and digital nomad visas. Therefore, carefully analyze your needs and requirements to determine which visa best suits your case.

Thus, start the application process well in advance and seek guidance from an international lawyer to ensure you correctly fulfill all the necessary documents and requirements.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for Medical Treatment in Brazil

Eduardo Koetz — Fri, 19 Dec 2025 14:00:43 +0000

Brazil is one of the most sought-after destinations for foreigners seeking quality medical treatment. To facilitate the entry of these people into the country, there is a health treatment visa, also called VITEM II (visa for medical treatment).

This type of visa covers both patients and their companions, provided they present proof of the need for treatment. Learn more about the requirements, documents, and price of the visa below!

If you would like legal assistance from our team, send us a message on WhatsApp.

Who is the health treatment visa for in Brazil?

The health treatment visa for Brazil, also known as VITEM II, is for foreigners who need to come to the country to receive medical treatment, as well as their companions, when necessary.

This type of visa is for people who require specific medical care that is not available in their country of origin. It’s also for those who wish to undergo medical treatment in Brazil for reasons of convenience or the quality of medical services offered in the country.

How long can I stay in the country with this visa?

In short, the residence permit is valid for 1 year. However, in special cases, you can request an extension of the visa for a longer period, upon presentation of documentation proving the need for prolonged treatment.

In addition, you must provide proof of sufficient financial means to cover the remainder of the treatment, your own living expenses, and those of any accompanying person.

For shorter stays, it is advisable to apply for a VIVIS, a visitor visa.

What are the requirements to obtain this visa?

The main requirements to obtain the visa are:

Documentary evidence of the need for medical treatment prescribed by a responsible physician in Brazil, containing information about the type of treatment, its expected duration, and confirmation that there is no equivalent option available in the country of origin;
Passport valid for at least six months from the date of entry into Brazil;
Proof of sufficient financial resources to cover expenses during the stay in Brazil, including medical and accommodation expenses;
Criminal record certificate issued by the authorities of the country of origin or the country where the applicant has resided in the last five years;
Proof of sufficient means to cover the treatment, health insurance valid in the national territory, or a certificate of provision of health
services as provided for in an international agreement;
Completed and signed visa application form;
Payment of the visa fee.

What is the visa fee?

The VITEM II visa fee is R$ — 100.00 in gold. However, as visa fees depend on local currencies and the price of gold, they are subject to change. Therefore, you should always check the price in advance.

How to apply for a visa?

A visa application for medical treatment in Brazil can be made directly at the Brazilian Consulate or Embassy in the applicant’s country of origin, or through an online appointment service available on the website of the Brazilian diplomatic representation. To apply for the visa, the applicant must follow these steps:

Access the website of the nearest Brazilian Consulate or Embassy to obtain detailed information about the specific requirements and procedures for applying for the visa;
Complete the online visa application form available on the website of the Brazilian diplomatic representation;
Schedule an interview at the Brazilian Consulate or Embassy to present the required documents and pay the visa fee;
Attend the interview with complete documentation and all necessary supporting documents for the visa application;
Await the decision of the consular authority responsible for the visa granting process, which may take several days or weeks to be issued;
If approved, collect the visa at the Brazilian Consulate or Embassy according to the instructions provided at the interview.

How long does it take for the visa application to be processed after I apply?

Actually, there isn’t an exact timeframe. Therefore, you should submit your VITEM II applications at least 30 days in advance.

What should I do when I arrive in Brazil?

Upon arrival in Brazil, you must register with the Federal Police within 90 days of entering the country.

The Consular Section may request some documents, such as an authenticated birth certificate, for example.

Visa for Medical Treatment in Brazil and its requirements

In short, the visa for medical treatment in Brazil, known as VITEM II, is for foreigners who need medical treatment in the country and their companions.

The visa allows a stay of one year, but can be extended in special cases. The main requirements include documentation proving the need for medical treatment, a valid passport, proof of sufficient financial resources, a criminal record certificate, and a completed and signed visa application form.

Generally, the visa fee is around R$ 100.00, but varies depending on the country where you apply, among other factors. The visa application can be made directly at the Brazilian Consulate or Embassy in the country of origin, or through an online appointment on the diplomatic representation’s website. After arriving in Brazil, it is necessary to register with the Federal Police within 90 days.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for academic internship in Brazil

Eduardo Koetz — Wed, 17 Dec 2025 14:00:03 +0000

The academic internship visa in Brazil, known as VITEM IV, is intended for foreign students who wish to undertake short-term internships at Brazilian higher education institutions or research centers. Learn about the required documentation, length of stay, and more!

If you would like legal assistance from our team, send us a message on WhatsApp.

Who is the academic internship visa in Brazil for?

The academic internship visa in Brazil is VITEM IV, and it is intended for foreign students who wish to undertake short-term internships at Brazilian higher education institutions or research centers.

This visa is for students who wish to participate in exchange programs, research internships, internships in companies, or other similar academic activities.

How long can I stay in the country with this visa?

The VITEM IV visa is for a single entry into the country and allows the student to remain in Brazil for up to 1 year, with extensions possible to complete their studies.

What are the requirements to obtain this visa?

To obtain a visa for an academic internship in Brazil, you must meet the following requirements:

Be a foreign student, regularly enrolled in a foreign higher education institution or have completed a higher education course;

Have been accepted into an academic internship program at a Brazilian higher education institution or research center;
Possess a passport valid for at least six months from the date of entry into Brazil;
Present proof of sufficient financial resources for your stay in Brazil, such as bank statements, income tax return, or scholarship;
Present a criminal record certificate issued by the authorities of your country of origin or the country where you have resided in the last five years;
Possess a health insurance policy that covers medical expenses during your stay in Brazil;
Complete and sign the visa application form available on the website of the Brazilian consular representation;
Pay the corresponding visa fee.

What documents are required?

For this specific visa, you will need the following documents:

Proof of enrollment in a foreign higher education institution or completion of a higher education course;
Proof of acceptance into an academic internship program at a Brazilian institution;
Passport valid for at least six months from the date of entry into Brazil;
Proof of sufficient financial resources to cover expenses during your stay in Brazil, including accommodation and living expenses;
Criminal record certificate issued by the authorities of the country of origin or the country where the applicant has resided in the last five years;
Health insurance policy covering medical expenses during your stay in Brazil;
Completed and signed visa application form;
Payment of the visa fee.

What is the cost of a visa for an academic internship in Brazil?

The visa cost is R$ 100.00 (Brazilian Real). Since visas are based on local currencies and the gold price, be aware of the cost in advance. Additionally, check the exact amount with the Brazilian consulate in your country of origin.

How to apply for a visa?

The application process for an academic internship visa in Brazil (VITEM IV) may vary depending on the country where the applicant is located. In general, the application process includes the following steps:

Check the specific requirements: before starting the application process, you must check the specific requirements of the Brazilian consular authority responsible for the visa granting process. This information can be found on the website of the Brazilian embassy or consulate in the country where you are;
Complete the application form: the next step is to complete the visa application form available on the website of the Brazilian embassy or consulate. The form must be completed with accurate and up-to-date information;
Gather the necessary documentation: gather the necessary documentation for the visa application, such as proof of acceptance into an academic internship program, criminal record certificate, proof of financial resources, health insurance policy, among others;
Schedule the interview: depending on the country you are in, you may need to schedule an interview at the Brazilian embassy or consulate. During the interview, you may be asked about your travel intentions and your financial capacity to support yourself in Brazil during your academic internship;
Pay the visa fee: after gathering the necessary documentation and scheduling the interview, the next step is to pay the corresponding visa fee. The fee amount may vary depending on the country;
Track the application status: after the interview and payment of the visa fee, you can track the status of your application through the website of the Brazilian embassy or consulate.

How long does it take for my academic internship visa application to be processed in Brazil after I apply?

The processing time for an academic internship visa application in Brazil (VITEM IV) can vary depending on the country you are in and the consular authority responsible for the visa granting process.

However, in general, the processing time is between 10 and 15 days. This is an average estimate, but it may take longer or longer. Therefore, don’t leave your visa application until the last minute, as it may take longer!

What should I do when I arrive in Brazil?

In short, upon arrival in Brazil, you must register with the Federal Police within 90 days of your arrival in the country.

Visa for Academic Internships in Brazil

The visa for academic internships in Brazil (VITEM IV) is intended for foreign students interested in undertaking short-term internships at higher education institutions and research centers in the country.

Thus, it is an opportunity to participate in exchange programs, research internships, and other similar academic activities. Valid for up to 1 year and renewable, the VITEM IV requires compliance with requirements such as enrollment in a foreign higher education institution, acceptance into an academic internship program in Brazil, possession of a valid passport, proof of sufficient financial resources, presentation of a criminal record certificate. It also requires health insurance.

Therefore, the application process involves filling out the form, paying the fee, and submitting the necessary documents. Processing time varies, but generally takes 10 to 15 days. Upon arrival in Brazil, you must register with the Federal Police within 90 days.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for scientific cooperation in Brazil

Eduardo Koetz — Wed, 12 Nov 2025 14:00:13 +0000

The visa for Scientific Cooperation in Brazil is intended for foreigners who wish to carry out research or teaching activities in scientific, technological, and higher education institutions in the country. This visa also applies to foreigners who will participate in technological development or innovation projects in cooperation with Brazilian institutions.

Check out the main information about this type of Brazilian visa now!

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is the visa for scientific cooperation in Brazil for?

The visa for scientific cooperation is intended for foreigners who wish to carry out research or teaching activities in scientific, technological, and higher education institutions in Brazil on a temporary basis.

Similarly, this visa may also be granted to foreigners who will participate in technological development or innovation projects in cooperation with Brazilian institutions.

The visa does not permit the exercise of paid work in the country, unless the activity is directly related to the research or technological development project in question and is authorized by the Ministry of Labor and Employment.

Understand the main possible beneficiaries of the visa for scientific cooperation in Brazil:

When the beneficiary of a scholarship granted by foundations supporting public or private higher education and scientific and technological research institutions, for conducting research at a Brazilian public or private higher education institution recognized by the Ministry of Education. Or other national institutions;
When the beneficiary of a scholarship financed by the National Council for Scientific and Technological Development (CNPq), the Coordination for the Improvement of Higher Education Personnel (CAPES), the Financing Agency for Studies and Projects (FINEP), and other public foundations supporting research;
The scientist, researcher, or professional who comes to Brazil under an international agreement, as recognized by the Ministry of Foreign Affairs;
To participate in research projects established between foreign institutions or research and development centers of foreign companies in specific cases;
The scientist, researcher, or professional who comes to conduct research not regulated by Decree No. 98,830 of 1990;
a participant in a post-doctoral program.

In addition, the visa for scientific cooperation (VITEM I) may also be granted to immigrants who come to Brazil to carry out research, teaching, or academic extension activities, with an employment relationship in the country. In this case, the Ministry of Justice and Public Security must previously authorize the activity through an official letter.

Therefore, for the cases above, if the stay in Brazil does not exceed 90 days, a VIVIS visa may be granted.

Cases of research projects between foreign institutions in Brazil

In the case of research projects established between foreign institutions or research and development centers of foreign companies, this partnership must be made with:

National company;
National business incubator;
Scientific, Technological and Innovation Institution (ICT);
Technological Innovation Center (NIT);
Support foundation;
Technology park;
Technology hub; and
Public and private teaching and research institutions.

How long can I stay in the country with this visa?

The visa for scientific cooperation in Brazil allows the foreigner to stay in the country for up to 2 (two) years, and it can be renewed.

To obtain a visa for scientific cooperation in Brazil, you must meet the following requirements:

Be a foreigner and be in good standing in your country of origin;
Possess a valid passport and present a certified copy or original of the document;
Present an invitation letter from a Brazilian scientific, technological, or higher education institution, proving the scientific cooperation to be developed;
Demonstrate sufficient financial capacity to support yourself in Brazil during the period of scientific cooperation;
Present a criminal record certificate issued by the competent authority in the country of origin, or where you have resided in the last five years;
Provide proof of vaccination against yellow fever, if coming from areas endemic to the disease;
Correctly fill out the visa application form and pay the respective fees;
Meet any other requirements stipulated by the Brazilian consular authority responsible for issuing the visa.

What documents are required?

In principle, the documents required to apply for a visa for scientific cooperation in Brazil may vary depending on the country of origin and the requirements of the Brazilian consular authority responsible for issuing the visa.

However, in general, the following documents are required:

Valid passport;
Completed and signed visa application form;
Recent 3×4 photograph;
Invitation letter from the Brazilian scientific, technological, or higher education institution confirming the scientific cooperation to be developed;
Proof of payment of the visa application fee;
Proof of financial capacity to support yourself in Brazil during the period of scientific cooperation;
Criminal record certificate issued by the competent authority in the country of origin or where you have resided in the last five years;
Proof of yellow fever vaccination, if coming from areas endemic to the disease.

What is the cost of the visa for scientific cooperation?

The visa fee is R$ 100.00 in gold. However, please note that the prices are based on currencies and the gold exchange rate, and may be subject to change.

How to apply for the visa?

To apply for a visa for scientific cooperation, you must follow these steps:

Access the website of the Brazilian Consulate in your country of origin and check the information about the visa application process for scientific cooperation;
Fill out the visa application form available on the Consulate’s website. Attach the required documents, such as a valid passport, the invitation letter from the Brazilian scientific, technological or higher education institution, a recent 3×4 photo, proof of payment of the visa application fee. Also include a criminal record certificate, proof of financial capacity, and proof of yellow fever vaccination.;
Schedule an in-person interview at the Brazilian Consulate, if necessary;
Attend the Consulate in person at the scheduled time, bringing all the necessary original documents and copies, to complete the visa application process and present the documents that prove the purpose of your trip;
Wait for the Brazilian consular authority to review your visa application. Processing time may vary depending on the Consulate, but it can generally take from a few days to a few weeks;
If approved, pick up the visa at the Brazilian Consulate, according to the instructions provided.

How long does it take to get the visa after I apply?

There is no exact processing time for the scientific cooperation visa, so the sooner you apply, the better.

However, some consulates give a timeframe of 20 days after the application is submitted. But the truth is, we have observed much longer waiting times of 2, 4, or 6 months.

Therefore, prepare in advance and don’t leave it to the last minute!

What should I do upon arriving in Brazil?

Upon arriving in Brazil, you must register with the Federal Police within 90 days of entering the country. Additional documents such as a birth certificate authenticated by the Consular Section may also be requested.

Visa for Scientific Research in Brazil

In conclusion, foreigners wishing to conduct research, teaching, technological development, or innovation activities at scientific, technological, and higher education institutions in Brazil are the target audience for the scientific cooperation visa. This visa is temporary and does not authorize remunerated activities unless they are directly linked to the cooperation project and have the authorization of the Ministry of Labor and Employment.

There are different requirements for obtaining the visa, depending on the applicant’s situation, such as scholarship recipients from research institutions, scientists participating in international agreements, participants in research projects between foreign institutions, among others. The duration of the visa may vary, but generally, it allows the individual to stay in the country for up to 2 years, with the possibility of renewal.

To apply for the visa, you must meet a series of requirements, including being in good standing in your country of origin, possessing a valid passport, presenting an invitation letter from the Brazilian institution, demonstrating sufficient financial capacity. You must also present a criminal record certificate. Among others. The required documents may vary depending on the country of origin and consular requirements.

Therefore, upon arrival in Brazil, it is necessary to register with the Federal Police within 90 days of entering the country. Failure to comply with this obligation may result in penalties. Therefore, you should be prepared and begin the visa application process in advance.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for athletes to work in Brazil temporarily

Eduardo Koetz — Mon, 10 Nov 2025 14:00:58 +0000

The Brazilian visa for athletes is a temporary and short-term authorization that allows foreign athletes to participate in sporting events in Brazil. In this article, you will find important information about this type of visa, including the maximum length of stay, the possibility of renewal, the application process, the necessary requirements, and how an international lawyer can assist in this process. Check it out!

If you would like legal assistance from our team, please send us a message on WhatsApp.

What is the visa for athletes?

The Brazilian visa for athletes is a type of temporary and short-term visa that authorizes foreign athletes to participate in sporting events in Brazil. This short duration is 1 year!

What is the maximum length of stay in Brazil with this visa?

The visa for athletes grants a residency period of up to one (1) year for those who are granted it. However, this period is not guaranteed for everyone who applies for it. Furthermore, if the sporting event you wish to participate in requires a very short stay in Brazil, it may be more advantageous to apply for a visitor visa.

After all, the visitor visa is simpler and allows a stay of up to 90 days in the country.

Can I renew the visa?

In principle, there is no Normative Resolution that states whether or not you can renew your visa. Therefore, if you need to stay longer in the country, it is advisable to seek a lawyer specializing in immigration and international law in Brazil. They will be able to develop the best strategy for your stay.

How long after leaving Brazil can I apply for this visa again?

There is no minimum time established for reapplying for a visa for athletes to work in Brazil after leaving the country.

However, the responsible agency evaluates each visa application individually, and a previously granted visa does not guarantee the granting of a new visa for a new application.

Therefore, you must follow all the requirements established by the Brazilian consulate to increase the chances of approval of the application. And in both applications, provide complete documents.

What are the visa requirements for athletes?

In general, the main requirements are:

Completed and signed visa application form;
Valid passport with at least six months of validity from the date of entry into Brazil;
Recent photograph (3×4 cm) with a white background;
Proof of residence in the applicant’s country of origin;
Invitation or contract with the company promoting the event in Brazil, which must include information about the event, the activity to be performed, the date and location of the event, as well as information about remuneration, if any;
Proof of financial means to cover your expenses while in Brazil;
Proof of ties to the country of origin, such as an employment contract, enrollment in an educational institution, or ownership of property;
Criminal record check;
Other documents required by Normative Resolution No. 01/2017 of the National Immigration Council.

Where and how to apply?

First, the Ministry of Labor issues the visa, granting prior residence authorization for the performance of sports activities, in accordance with Article 46 of Decree No. 9,199, of 2017. Only after the authorization is issued should the applicant go to the Consulate General.

The process for obtaining a visa for athletes includes submitting documents such as:

Valid passport;
Invitation letter from the institution responsible for the activity to be carried out in Brazil;
Travel itinerary;
Proof of financial means;
Among others.

In some cases, you may also need to schedule an interview at the Consulate. The Consulate or the lawyer assisting with your application will inform you about this after the application process begins.

How long does the process take until I receive a response from the Consulate or Embassy?

The time can vary depending on the country and the specific Consulate or Embassy, as well as the number of applications they are processing at that moment.

Generally, the process can take from a few weeks to several months to complete.

Therefore, applicants should start the application process well in advance to ensure they have enough time to receive a response from the Consulate or Embassy before their planned travel date.

Furthermore, in some cases, the Consulate or Embassy may request that you provide additional documentation or conduct additional interviews with consular or immigration authorities. These additional requirements may further increase the processing time for your visa application. Therefore, don’t leave it to the last minute!

What can go wrong when applying for a visa for athletes?

There are numerous situations that can go wrong during the visa application process for athletes. Some of them include:

Incomplete or inadequate documentation: If the documentation provided by the applicant is incomplete or inadequate, this may result in the rejection of the visa application;
Problems with passport validity: The applicant’s passport must be valid for at least six months after the expected date of entry into Brazil. If the passport does not meet this requirement, the visa may be denied;
Criminal record: If the applicant has a criminal record or any other travel restriction, this may prevent the issuance of the visa;
Reasons for travel inconsistent with the activities permitted by the visa: This specific type of visa is issued for athletes to work in Brazil. If the applicant does not present a plausible justification for the trip or if the purpose of the trip is not compatible with the requested visa, the authorities may deny the application;
Issues with the invitation letter: The invitation letter is an important document that must be provided by the institution responsible for the activity to be carried out in Brazil. If there are difficulties with this letter, such as inaccurate information or lack of details, this may result in the rejection of the application.

How can I prevent problems?

To prevent problems when applying for a visa for athletes to work in Brazil, you should follow these recommendations:

Check the Brazilian visa requirements: each country has specific requirements for issuing visas for athletes to work in Brazil. Check these requirements in advance and make sure you have all the necessary documentation;
Plan ahead: start planning your trip well in advance to have time to obtain all the necessary documents and resolve any potential problems;
Make sure you have all the documents in order: check that you have all the necessary documents, including passport, qualification certificates, employment contracts, and official invitations.

How can an international lawyer assist me?

An international lawyer can assist in obtaining a Brazilian visa for athletes to work in Brazil. Therefore, some ways an international lawyer can assist you include:

Checking visa requirements: an international lawyer can help you understand the requirements for a Brazilian visa for athletes to work in Brazil, including the necessary documentation and processing times;
Preparing documentation: assistance in preparing the necessary documentation for the visa application, including official invitations, proof of sporting activities, among others;
Monitoring the application process: the international lawyer can monitor the visa application process, ensuring that all steps are completed and that the documentation is submitted correctly and on time;
Resolving concerns: if issues arise with the visa application, such as delays or rejections, the international lawyer can assist in resolving these difficulties, filing appeals and contacting the responsible authorities.

The Visa for Athletes in Brazil

In conclusion, the Brazilian visa for athletes is a temporary, short-term authorization that allows foreign athletes to participate in sporting events in Brazil. Furthermore, the maximum stay with this visa is up to one year, but there is no regulatory resolution specifying whether it is possible to renew the visa.

After leaving Brazil, you can reapply for the visa without a minimum waiting period; however, it is important to note that each application is evaluated individually. Therefore, you need to follow the requirements established by the Brazilian Consulate to increase the chances of approval, which include:

Filling out the application form;
Having a valid passport;
Providing proof of residence;
Ties to the country of origin;
Criminal background check;
And other documents specified in Normative Resolution No. 01/2017.

In addition, the Ministry of Labor issues the visa, and the application process requires the submission of documents such as a passport, invitation letter, travel itinerary, and financial statements. Processing time can vary, taking from weeks to months, so it’s advisable to start the process well in advance.

Some problems that may occur during the process include inadequate documentation, insufficient passport validity, criminal record, travel justification incompatible with the requested visa, and problems with the invitation letter.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for religious activities in Brazil

Eduardo Koetz — Fri, 07 Nov 2025 14:00:30 +0000

Brazil offers a religious activities visa for those who wish to come to the country for religious purposes. In this text, we explain the required documents, as well as the period of stay, and outline the main steps to obtain the visa. Check it out!

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is the religious activities visa in Brazil for?

The religious activities visa in Brazil is intended for foreigners who wish to enter the country to participate in religious activities, such as missionaries, priests, pastors, or members of religious organizations. This visa allows individuals to legally carry out their religious activities in Brazil for a specified period.

How long can I stay in the country with this visa?

The period of stay for the religious activities visa in Brazil is 2 years.

Can I renew my visa?

Yes, you can renew your religious activities visa in Brazil. Generally, these types of visas have an initial duration of up to 2 years, but they can be renewed provided that the requirements and procedures established by the Brazilian immigration authorities are met.

Renewal applications must be submitted before the current visa expires, and it is important to comply with Brazilian laws and regulations during your stay in the country.

What documents are required from the religious institution?

The documents required from the religious institution for the religious activities visa are:

Articles of incorporation or by laws of the applicant religious institution based in Brazil;
Proof of legal representation powers of its leader; and
Commitment from the entity in Brazil to support and ensure the departure from Brazilian territory of the religious worker in question.

What documents are required from the religious?

The documents required from the religious worker for a religious activities visa are:

Passport, valid for six months or more;
1 recent 5×7 or passport-type photograph, front view and white background;
Web form “Visa Application” duly completed and signed (link above); Applications without the submission of the Form Submission Receipt (RER) will not be accepted;
Declaration of ordination and/or academic transcript, proving religious training. In the case of a member of consecrated life, proof of this status;
Curriculum vitae;
Criminal record (certificate of no criminal record);
If applicable, marriage certificate and/or birth certificate of dependents, or document proving dependency; and
Declaration, if applicable, that the applicant will only carry out activities in an indigenous area, with the express authorization of FUNAI;
Consular fees;
Minors traveling unaccompanied, or in the company of one parent: authorization from both parents is required for the issuance of the visa, with signatures duly notarized by a Public Notary AND the minor’s birth certificate showing parentage.
Visa authorization.

Do I need any vaccinations to enter Brazil with this visa?

Yes. You must present a yellow fever vaccination certificate if you have traveled in the ninety (90) days preceding your trip to Brazil to:

Angola;
Bolivia;
Benin;
Burkina Faso;
Cameroon;
Colombia;
Democratic Republic of Congo;
Ecuador;
French Guiana;
Gabon;
Ghana;
Gambia;
Republic of Guinea;
Liberia;
Nigeria;
Peru;
Sierra Leone;
Sudan;
Venezuela.

What are the requirements for obtaining a religious activities visa in Brazil?

To obtain a visa for religious activities in Brazil, you must meet the following requirements:

Be a member of a religious organization;
Possess a passport valid for at least six months from the date of entry into Brazil;
Provide proof of sufficient financial resources for your stay in Brazil, such as bank statements, income tax return, or scholarship;
Present a criminal record certificate issued by the authorities of your country of origin or the country where the applicant has resided in the last five years;
Possess a health insurance policy that covers medical expenses during your stay in Brazil;
Complete and sign the visa application form available on the Brazilian consular representation’s website;
Pay the corresponding visa fee.

What is the cost of a religious activities visa?

The cost of a religious activities visa is R$ 100.00 (Brazilian Reais). However, as visa fees are based on local currencies and the gold exchange rate, please check the exact amount in advance.

How to apply for the visa?

The process for applying for a religious activities visa in Brazil (VITEM VII) may vary depending on the country where the applicant is located.

In general, the application process includes the following steps:

Check the specific requirements: Before starting the application process for a religious activities visa in Brazil, you must check the specific requirements of the Brazilian consular authority responsible for granting the visa. This information can be found on the website of the Brazilian embassy or consulate in your country of origin;
Fill out the application form: The next step is to fill out the religious activities visa application form for Brazil, available on the website of the Brazilian embassy or consulate. The form must be filled out with accurate and up-to-date information;
Gather the necessary documents: Obtain a recent photograph that meets the required specifications, check the validity of your passport (it must be valid for at least six months), and gather the other required documents, such as proof of financial means, letter from the religious institution in Brazil, criminal background check certificate, proof of residence, and health insurance. If applicable;
Schedule the interview: Depending on the country you are in, it may be necessary to schedule an interview at the Brazilian embassy or consulate. During the interview, you may be asked about your travel intentions and your financial capacity to support yourself in the country during your stay;
Pay the visa fee: After gathering the necessary documentation and scheduling the interview, the next step is to pay the visa fee. The amount of the fee may vary depending on the country and the visa category requested;
Track the application status: After the interview and payment of the visa fee, you can track the status of your application through the website of the Brazilian embassy or consulate.

How long does it take to process a religious activities visa application after I submit it?

The processing time for a religious activities visa is generally 20 business days.

However, this timeframe is not guaranteed, only an estimate. For example, if the Brazilian government requires additional documents or finds that one of your requirements is not properly documented, you may end up having to wait longer.

That’s why it’s so important to have specialized assistance to reduce the risk of errors and omissions and thus speed up your application, among other advantages.

Upon arriving in Brazil, what should I do?

Upon arriving in Brazil with a religious activities visa, you should follow these steps:

Immigration: After disembarking at the Brazilian airport, go to immigration control. Present your passport with the religious activities visa to the immigration officers. They will verify your documents and stamp your passport, allowing your entry into the country;
Baggage Declaration: After passing through immigration, go to the baggage claim area. Collect your luggage and, if necessary, fill out the goods declaration for customs control purposes if you are bringing valuable goods;
Customs: Upon leaving the baggage claim area, you may pass through customs, where you may be selected for a baggage check. Follow the instructions of the customs officers and declare any valuable items or goods that exceed the permitted quotas;
Registration with the Federal Police: After arriving at your final destination in Brazil, with the religious activities visa, remember that within 90 days you must register with the Federal Police.

The Religious Activities Visa

In conclusion, you have seen the process for obtaining a religious activities visa in Brazil, including the necessary documents, the period of stay, and the main steps for applying for the visa. The religious activities visa is intended for foreigners who wish to participate in religious activities in the country, allowing them to legally practice their religious activities for a period of 2 years.

Furthermore, upon arriving in Brazil with a religious activities visa, you must go through immigration control, declare your baggage, go through customs, and, within 90 days, register with the Federal Police.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Visa for business and corporate events in Brazil

Eduardo Koetz — Wed, 05 Nov 2025 14:00:17 +0000

The business and corporate events visa in Brazil is an option for foreigners who want to come to the country for business activities and events. In this text, you will understand how to apply for this type of Brazilian visa, the permitted length of stay, and more!

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is the business and events visa in Brazil for?

The business and corporate events visa in Brazil is intended for foreigners who wish to enter the country to participate in business-related activities, such as meetings, conferences, trade fairs, training, or other business events.

This type of visa allows individuals to conduct commercial transactions, establish partnerships, make investments, or participate in professional events in Brazil.

How long can I stay in the country with this visa?

You can stay in Brazil for up to 90 days. However, it’s important to remember that this visa allows multiple entries into Brazil and is valid for one year.

What are the requirements for obtaining this visa for business and corporate events in Brazil?

The requirements for obtaining a business and events visa in Brazil may vary depending on the applicant’s nationality and the current immigration policy. However, the following documents and information are generally required:

Valid passport: You must present your valid passport with a minimum validity of six months from the expected date of entry into Brazil;
Completed application form: You need to fill out the visa application form, which can be obtained from the website of the Brazilian embassy or consulate in your country of origin;
Recent photograph: You must provide one or two recent photographs, meeting the specifications required by the consular office;
Invitation letter or supporting documentation: Depending on the purpose of your trip, you will need to present an invitation letter from the Brazilian company or organization responsible for the event, detailing the nature of the activity to be carried out in Brazil. In addition, other supporting documents may be required, such as invitations to conferences, commercial contracts, among others;
Proof of ties to your country of origin: You must prove that you have strong ties to your country of origin, such as proof of employment, property documents, bank statements, etc. This helps to prove that you have genuine intentions to return after the business trip.

What documents are required?

Since the intention is to participate in corporate events or conduct business, you should pay attention to the specifications required by the visa. For example:

Application Submission Receipt (RER);
Valid passport;
1 3×4 size photograph;
Criminal record certificate;
International Yellow Fever Vaccination Certificate;
Airline ticket reservation;
Hotel reservation in Brazil or invitation letter;
Proof of funds to travel to Brazil;
IF PARTICIPATING IN EVENTS (congresses, conferences, seminars, meetings, courses, competitions or contests), present an invitation letter or other document proving participation;
Proof of payment of the consular fee.

What is the visa fee?

The visa fee is R$ 80.00 in gold. However, since the fees are based on currencies and the price of gold, you should be aware that the price may change.

How to apply for a business and corporate events visa in Brazil?

The following steps are necessary:

Access the website of the Brazilian Consulate in your country of origin and check the information about the visa application process for business and corporate events;
Fill out the visa application form available on the Consulate’s website. Attach the required documents, such as a valid passport, the invitation letter (if applicable), a recent 3×4 photo, proof of payment of the visa application fee, a criminal record certificate, proof of financial capacity, and proof of yellow fever vaccination.;
Schedule an in-person interview at the Brazilian Consulate, if necessary;
Attend the Consulate in person at the scheduled time, bringing all the necessary original documents and copies, to complete the visa application process and present the documents that prove the purpose of your trip;
Wait for the Brazilian consular authority to review your visa application. Processing time may vary depending on the Consulate, but it usually takes from a few days to a few weeks;
If approved, pick up the visa at the Brazilian Consulate, according to the instructions provided.

How long does it take to get the visa after I apply?

There is no exact timeframe for visa processing, so the sooner you apply, the better.

However, some consulates give a timeframe of 30 days after the application is submitted. But the truth is, we have observed much longer waiting times of 2, 4, or 6 months.

Therefore, prepare in advance and don’t leave it to the last minute!

In addition, the visa is valid for 1 year.

What should I do upon arrival in Brazil?

Upon arrival in Brazil, your passport will be stamped with the entry date and the number of days you are allowed to stay in Brazil. As the visa for business and corporate events is a visitor visa, there is no need to report to the Federal Police.

Business and Corporate Events Visa for Brazil

In conclusion, the business and corporate events visa for Brazil is an important tool to facilitate the participation of foreigners in business-related activities in the country. Valid for one year and allowing a stay of up to 90 days, this visa enables the conduct of commercial transactions, the establishment of partnerships, and participation in professional events.

Furthermore, the requirements for obtaining the visa may vary, but generally include a valid passport, completion of the application form, submission of supporting documents, proof of ties to the country of origin, and payment of the consular fee.

To apply for the visa, you must follow the steps established by the Brazilian Consulate in your country of origin, filling out the application form, attaching the required documents, and scheduling an in-person interview, if necessary.

Processing time may vary, but we recommend applying in advance. Upon arrival in Brazil, you should have on hand the documents that prove the purpose of the trip, such as the invitation letter or other requested documents.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Brazilian Visa for Research, Teaching or Academic Extension

Eduardo Koetz — Mon, 03 Nov 2025 14:00:31 +0000

Brazil offers several types of visas for those who want to carry out activities in the country. One of them is the Brazilian Research Visa, ideal for researchers or academic professionals interested in studying and developing their research in Brazil.

Understand the appropriate procedures for those who want to conduct research in the country, as well as important tips!

If you require legal assistance from our team, please send us a message on WhatsApp.

Who is the Visa for Research, Teaching, or Academic Extension for?

The visa for Research, Teaching, or Academic Extension is intended for students, researchers, professors, and professionals in academic fields who wish to travel to Brazil for the purpose of conducting research, teaching, or academic extension activities.

This type of visa is requested by postgraduate students, researchers at higher education institutions, visiting professors, and professionals involved in academic projects in other countries.

How long can I stay in the country with this visa?

You can stay in the country with the Brazilian research visa for up to 2 years.

Can I renew the Brazilian research visa?

Yes, you can renew the VITEM I visa for Research, Teaching, or Academic Extension in Brazil for up to 2 years.

What documents are required?

The required documents for a Brazilian research visa are:

Printed and signed visa application web form;
Criminal record certificate;
Copy of birth certificate or official identification document showing parentage;
Recent passport-type photograph with a white background;
Invitation letter from the educational institution or entity clarifying the reason and duration of the trip;
Declaration issued by the institution responsible for financing the research grant;
Proof of means of subsistence compatible with the intended period of stay or that the inviting institution is responsible for the entry, stay, and departure from the national territory;
Payment of consular fees (called Emolument).

Do I need any vaccinations to enter Brazil with this visa?

A yellow fever vaccination certificate is required for those who have traveled in the 90 days preceding their trip to Brazil to: Angola, Bolivia, Benin, Burkina Faso, Cameroon, Colombia, Democratic Republic of Congo, Ecuador, French Guiana, Gabon, Ghana, Gambia, Republic of Guinea, Liberia, Nigeria, Peru, Sierra Leone, Sudan, and Venezuela.

The yellow fever vaccine is also mandatory if you are traveling to certain specific Brazilian cities located within areas with recommended vaccination (ACRV). For example, Amazonian regions.

However, the list may change over time, so it’s important to consult the Brazilian Ministry of Health. On the other hand, other cities only have a more subtle recommendation due to seasonal endemic cases that may occur.

What are the requirements to obtain this visa?

The requirements for obtaining a Brazilian research visa include:

Supporting documentation: You will need to provide documents that prove the purpose of your trip, such as an acceptance letter from an academic or research institution in Brazil. Details of the research or teaching project, proof of affiliation with your home institution, among others;
Valid passport: You must have a valid passport with an expiration date that meets the requirements of the visa issuing country;
Application form: Correctly fill out the visa application form, providing accurate and up-to-date information;
Recent photograph: One or two recent photographs meeting the specifications required by the visa issuing country;
Proof of financial resources: You need to prove that you have sufficient financial resources to cover your expenses during your stay in Brazil, such as tuition fees, accommodation, food, and other related expenses.

What is the visa fee?

The fee for the Brazilian Research visa is R$ 100.00 (Brazilian Reais). However, since visa fees are based on local currencies and the gold exchange rate, you need to check the most up-to-date value on the website of the Brazilian Consulate in your country.

How to apply for a Brazilian Research visa?

The application process for the Brazilian Research visa (VITEM I) may vary depending on the country where the applicant is located. In general, the application process includes the following steps:

Check the specific requirements: Before starting the application process, you must check the specific requirements of the Brazilian consular authority responsible for granting the visa. This information is available on the website of the Brazilian embassy or consulate in the country where the applicant is located;
Fill out the application form: The next step is to fill out the visa application form available on the website of the Brazilian embassy or consulate. The form must be filled out with accurate and up-to-date information;
Gather the necessary documents: Obtain a recent photograph that meets the required specifications, check the validity of your passport (it must be valid for at least six months), and gather the other required documents, such as proof of financial means, criminal record certificate, proof of residence, and health insurance, if applicable;
Schedule the interview: Depending on the country where the applicant is located, it may be necessary to schedule an interview at the Brazilian embassy or consulate. During the interview, the applicant may be questioned about their travel intentions and their financial capacity to support themselves in the country during the academic internship period;
Pay the visa fee: After gathering the necessary documentation and scheduling the interview, the next step is to pay the corresponding visa fee. The amount of the fee may vary depending on the country and the category of visa requested;
Track the application status: After the interview and payment of the visa fee, the applicant can track the status of their application through the website of the Brazilian embassy or consulate.

How long does it take to get a Brazilian research visa after I apply?

The processing time for the visa application is generally 20 business days. However, avoid applying for the visa at the last minute; plan ahead to avoid complications!

After all, if something goes wrong, and you waited too long to apply, you may be prevented from making your trip. At the same time, it’s not possible to apply too far in advance, since the visa may have an expiration date.

Upon arriving in Brazil, what should I do?

Upon arriving in Brazil with your visa, you should follow these steps:

Immigration: After disembarking at the Brazilian airport, proceed to immigration control. Present your passport with the Brazilian research visa to the immigration officers. They will verify your documents and stamp your passport, allowing your entry into the country;
Baggage Claim: After passing through immigration, go to the baggage claim area. Collect your luggage and, if necessary, fill out the customs declaration form if you are bringing valuable goods;
Customs: Upon leaving the baggage claim area, you may pass through customs, where you may be selected for a baggage inspection. Follow the instructions of the customs officers and declare any valuable items or goods that exceed the permitted quotas;
Registration with the Federal Police: After arriving at your final destination in Brazil, you must register with the Federal Police within 90 days. Depending on the Brazilian state you are in, you may have to personally go to a Federal Police station to provide information about your stay in the country.

Brazilian Visa for Research

In conclusion, Brazil offers different types of visas for those who wish to conduct activities in the country, including the Brazilian visa for research. This visa is ideal for researchers and academic professionals interested in studying in Brazil.

Furthermore, you should be aware of the requirements, such as proof of financial resources and passport validity. Vaccination against yellow fever may be mandatory, depending on the traveler’s country of origin.

The visa can be renewed, allowing a stay of up to 2 years in the country. The application process may vary depending on the country of origin, requiring the completion of a form, obtaining the necessary documents, and possibly an interview.

After visa approval, upon arrival in Brazil, you must follow the immigration procedures, baggage declaration, customs, and registration with the Federal Police.

If you require legal assistance from our team, please send us a message on WhatsApp.

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Visa for medical training in Brazil

Eduardo Koetz — Fri, 31 Oct 2025 14:00:08 +0000

The Visa for Medical Training in Brazil is intended for foreign doctors who wish to undertake professional development or specialization activities in Brazilian healthcare institutions. This visa allows the foreign doctor to remain in Brazil for the duration of their medical training. Want to know more? Continue reading to understand the possibilities of this visa!

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is the Visa for Medical Training in Brazil for?

The “More Doctors for Brazil Project” is one of the initiatives that facilitates the arrival of foreign doctors in the country, and these professionals can apply for the Medical Training Visa to participate in the program or other training activities.

In addition, it may be necessary to have your medical degree validated in the country.

How long can I stay in the country with this visa?

The permitted period of stay in Brazil is up to 4 years from the date of entry into the country.

What are the requirements to obtain a medical training visa?

In general, the requirements for obtaining this visa are:

Valid passport: A valid passport must be presented, with at least six months of remaining validity from the expected date of entry into Brazil;
Completed application forms: You must complete the visa application forms, available on the website of the Brazilian consulate or embassy in your country of origin;
Recent photograph: One or two 3×4 cm photographs must be provided, with a white background and according to the required specifications;
Acceptance into a medical training program: You need to be accepted into a Brazilian health institution that offers the medical training or specialization program.
Identification documents: Personal documents are required, such as a valid passport and completed application forms;
Proof of medical training: You must present documents proving your medical training, such as a medical degree diploma;
Proof of Portuguese language proficiency: In some cases, proof of proficiency in the Portuguese language (CELPE-Bras) may be required, especially if the training program is taught in that language.
Health insurance: Proof of valid health insurance for the period of stay in Brazil may be required.
Proof of financial resources: Proof of sufficient financial resources to cover personal expenses during the period of stay in the country may be requested.

What is the cost of the visa for medical training?

The visa fee is R$ 100.00 (Brazilian Reais). However, please note that the amount may change, as the values are based on currency exchange rates and the price of gold.

How to apply for the visa?

To apply for the visa, you must follow these steps:

Check the requirements: First, check the specific requirements for the visa, such as necessary documents, application forms, and eligibility criteria. You can find this information on the official website of the Brazilian Embassy or Consulate in your country of origin;
Access the website of the Brazilian Consulate in your country of origin and check the information about the visa application process for medical training;
Fill out the visa application form available on the Consulate’s website. Attach the required documents, such as a valid passport, the invitation letter from the Brazilian scientific, technological or higher education institution, a recent 3×4 photo, proof of payment of the visa application fee, a criminal record certificate, proof of financial capacity, and proof of vaccination against yellow fever;
Pay the fees: Pay the consular fees and any other fees related to the visa, according to the instructions provided by the Brazilian Embassy or Consulate;
Schedule an in-person interview at the Brazilian Consulate, if necessary;
Attend the Consulate in person at the scheduled time, bringing all the necessary original documents and copies, to complete the visa application process and present the documents that prove the purpose of your trip;
Wait for the Brazilian consular authority to review your visa application. Processing time may vary depending on the Consulate, but it can generally take from a few days to a few weeks;
If approved, pick up the visa at the Brazilian Consulate, according to the instructions provided.

How long does it take to get the visa after I apply?

There is no exact timeframe for visa processing, so the sooner you apply, the better.

However, some consulates give a timeframe of 30 days after the application is submitted. But the truth is, we have observed much longer cases of 2, 4, or 6 months of waiting.

Therefore, prepare in advance and don’t leave it to the last minute!

What should I do upon arrival in Brazil?

Upon arrival in Brazil, you must register with the Federal Police within 90 days of entering the country. The Consular Section may request some additional documents, such as a certified copy of your birth certificate.

Visa for Medical Training in Brazil

The Visa for Medical Training in Brazil is a valuable opportunity for foreign doctors who wish to enhance their professional skills and knowledge in Brazilian healthcare institutions.

By obtaining this visa, doctors have the possibility to engage in medical training and specialization programs, contributing to the strengthening of the healthcare system and the quality of care in the country.

To apply for the Medical Training Visa, you must meet certain requirements, such as being accepted into a medical training program, presenting identification documents, proving medical qualifications, demonstrating proficiency in the Portuguese language (in some cases), and having valid health insurance. In addition, you need to follow the application procedures, filling out the appropriate forms and submitting the required documents.

Although the visa processing time may vary, the sooner you apply to avoid setbacks, the better. Upon arrival in Brazil, you need to register with the Federal Police within the stipulated timeframe and provide any necessary additional documents.

The Visa for Medical Training in Brazil opens doors for foreign doctors who wish to enrich their professional experience and contribute to healthcare in the country.

With the opportunity to participate in training and specialization programs, these professionals can broaden their horizons and acquire new knowledge, promoting advancements in the medical field.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Apprenticeship Visa for foreigners in Brazil

Eduardo Koetz — Wed, 29 Oct 2025 14:00:56 +0000

The Apprenticeship Visa for foreigners in Brazil is an attractive option for those wishing to embark on professional apprenticeship, internship, or training programs in the country. This visa is aimed at foreign students and professionals seeking practical experience in their respective fields of study or work in Brazil.

In this article, we will explore the requirements for obtaining the visa, the required documentation, the application process, and other relevant information for those wishing to take advantage of this opportunity in Brazil. Check it out!

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is the Apprenticeship Visa for foreigners in Brazil for?

The Apprenticeship Visa for foreigners in Brazil is intended for individuals who wish to come to the country to participate in professional apprenticeship, internship, or training programs. This visa is designed for foreign students or professionals who wish to gain practical experience in their fields of study or work in Brazil.

In general, this type of visa is for foreign students who wish to complete an internship at a Brazilian company, participate in educational exchange programs, or undertake specific training at Brazilian institutions.

It allows the individual to remain in the country for a specified period, usually linked to the duration of the apprenticeship or internship program.

How long can I stay in the country with this visa?

The Apprenticeship visa is valid for one year. If you need to stay longer, you must renew your visa to avoid problems with the Brazilian Government.

What are the requirements to obtain this visa?

The requirements to obtain an Apprenticeship visa in Brazil are:

Identification documents: A valid passport with at least six months remaining after the date of entry into Brazil;
Proof of an apprenticeship, internship, or training program: You must present documentation proving your participation in an apprenticeship, internship, or training program in Brazil. This may include a letter of acceptance from the institution or company where you will be working, details about the program, schedule, and more;
Proof of ties to the country of origin: You must demonstrate sufficient ties to the country of origin, such as family ties, employment, property, or other elements that indicate you have reasons to return after completing the program in Brazil. This helps demonstrate that you do not intend to immigrate permanently;
Proof of financial resources: You must present evidence that you have sufficient financial resources to cover your expenses during your stay in Brazil, including housing, food, transportation, and other necessary expenses.

The documents you must present are:

A valid travel document;
An international immunization certificate, when required by the National Health Surveillance Agency (Anvisa);
Proof of payment of consular fees;
Completed visa application form;
Proof of transportation for entry and, when applicable, departure from the country;
A criminal record certificate issued by the country of origin, or, at the discretion of the Consular Authority and according to the specificities of the country where the visa was requested, an equivalent document;
Travel authorization signed by the parents or guardians in the case of children or adolescents, as well as identification of their guardian in Brazil;
Documentation proving their financial capacity or that of those responsible for their maintenance in Brazil during the period they intend to remain in the country, or proof of scholarship, when applicable;
Documentation proving enrollment or acceptance into the desired course, in the case of a visa request for regular course attendance;
Documentation proving attendance at an undergraduate or graduate course at a foreign university, in the case of a visa request for an internship or for a study or research exchange; and
A commitment agreement between the intern, the internship grantor, and the educational institution where the immigrant is enrolled, attesting to the compatibility between their field of expertise and the internship activities. In the case of a visa request for an internship.

How much does the visa cost?

The visa costs R$100.00. However, since the fees are based on currencies and the gold exchange rate, you should be aware that the fee may fluctuate.

How to apply for an Apprenticeship Visa?

The following steps are necessary:

Check the requirements: First, check the specific visa requirements, such as required documents, application forms, and eligibility criteria. This information can be found on the official website of the Brazilian Embassy or Consulate in your home country.
Access the website of the Brazilian Consulate in your home country and check the information about the visa application process for scientific cooperation;
Complete the visa application form available on the Consulate website. Attach the required documents, such as a valid passport, a letter of invitation from a Brazilian scientific, technological, or higher education institution, a recent 3×4 photo, proof of payment of the visa application fee. Also include a criminal record check, proof of financial capacity, and proof of yellow fever vaccination.;
Pay the fees: Pay the consular fees and any other visa-related fees according to the instructions provided by the Brazilian Embassy or Consulate. Schedule an in-person interview at the Brazilian Consulate, if necessary;
Appear in person at the Consulate at the scheduled time, bringing all original documents and necessary copies, to complete the visa application process and present documents proving the purpose of your trip;
Wait for your visa application to be reviewed by the Brazilian consular authority. Processing time may vary by Consulate, but generally takes a few days to a few weeks;
If approved, collect your visa at the Brazilian Consulate, following the instructions provided.

How long does it take for my visa application to be processed after I apply?

There’s no exact timeframe for visa processing, so the sooner you apply, the better.

However, some consulates give a 30-day deadline after the application is received. However, we’ve seen much longer waits, with waits lasting 2, 4, or 6 months.

So, prepare in advance and don’t wait until the last minute!

Upon arrival in Brazil, what should I do?

Upon arrival in Brazil, you must register with the Federal Police within 90 days of entering the country. Some additional documents may be requested, such as a birth certificate authenticated by the Consular Section.

Apprenticeship Visa in Brazil: How does it work?

In conclusion, the Learning Visa for foreigners in Brazil is an option intended for students and professionals who wish to participate in professional apprenticeship, internship, or training programs in the country.

This type of visa offers the opportunity to gain practical experience in their fields of study or work, allowing individuals to remain in Brazil for the period corresponding to the program they are enrolled in.

To obtain the visa, you must meet certain requirements, including presenting identification documents, proof of the apprenticeship, internship, or training program, ties to the country of origin, and proof of sufficient financial resources.

Additionally, you must complete the visa application form, pay consular fees, and, if necessary, schedule an in-person interview at the Brazilian Consulate.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Is there a double taxation agreement between Brazil and the US?

Eduardo Koetz — Mon, 27 Oct 2025 14:00:17 +0000

Many Brazilians choose to live in the United States, study abroad, or even do research there.

But when the topic “leaves” tourism, many questions begin to arise, especially when it comes to double taxation, tax payments, and how Brazil relates to the United States in this regard.

With this in mind, I decided to clarify once and for all whether the two countries have any double taxation agreements, to help you.

Furthermore, as a lawyer specializing in Tax, International, and Social Security Law, I realize that people often, due to a lack of information, end up accumulating problems in these areas.

The relationship between two or more countries is complex and deserves careful analysis, especially when it involves taxes.

Stay tuned to learn more!

If you would like legal assistance from our team, send us a message on WhatsApp.

What is international double taxation?

International double taxation occurs when the same taxpayer is taxed by two or more countries on the same income, assets, or transactions.

This occurs because each country has its own tax laws and criteria for determining tax residency and source of income.

Imagine the following situation:

A person residing in Brazil works remotely for a company in the United States;
Brazil, based on the residency criterion, levies tax on this person’s global income, including the salary paid by the American company;
The United States, based on the source criterion (where the income was generated), also levies tax on the same salary.

In this case, the person pays taxes on the same amount in both countries, giving rise to double taxation.

International double taxation is a complex issue that affects both individuals and companies operating globally.

Ideally, seek guidance from a specialized attorney to understand the tax laws of each country involved and take advantage of available relief mechanisms.

Does Brazil have a tax treaty with the US?

No, Brazil does not have a tax treaty (also known as a “double taxation agreement”) in effect with the United States.

The absence of such an agreement is a significant issue for individuals and companies operating in both countries, as the same income may be taxed by both.

While there is no comprehensive treaty to avoid double taxation, Brazil and the US have an agreement to share tax information (FATCA — Foreign Account Tax Compliance Act).

This agreement aims to combat tax evasion by allowing the tax authorities of both countries to exchange data on the financial accounts of their respective residents.

Recently, the Brazilian Federal Revenue Service also signed a Mutual Recognition Agreement (MRA) with the US, but this one focuses on customs and security issues in foreign trade, not income taxation.

Do US residents pay income tax in Brazil?

For Brazilians living in the United States, the obligation to pay income tax in Brazil depends on one main factor: their tax resident status.

The Brazilian Federal Revenue Service considers an individual a tax resident in Brazil unless they formalize their permanent departure from the country.

In other words, if you have not filed the Final Departure Notice and Declaration, the Federal Revenue Service considers you to remain a tax resident in Brazil.

Therefore, you are required to declare and pay taxes on all your worldwide income, including wages, investments, and other income earned in the US.

In this case, you may have to pay taxes in both countries, but Brazil allows you to offset taxes already paid in the US to avoid double taxation.

Now, if you have filed the Final Departure Notice and Declaration, you are already considered a non-resident for tax purposes in Brazil.

Your tax liability in Brazil is limited to income from Brazilian sources. For example, a property you rent in Brazil.

How does tax residency affect Brazilians’ taxes in the US?

Your tax residency in the US determines how your income is taxed by the US government.

Contrary to popular belief, tax residency in the US is not the same as immigration status.

The Internal Revenue Service (IRS) uses two main criteria to determine whether a foreign national is a tax resident or a non-tax resident:

Green Card Test: If you have a Green Card, you are considered a tax resident for tax purposes from the moment you obtain it, regardless of where you live;
Substantial Presence Test: If you do not have a Green Card, this test determines your tax residency based on the time you physically spend in the US.

Therefore, you are considered a tax resident if you have been present in the US for at least 31 days in the current year.

And the total number of days in the last three years (including the current year) is 183 or more, using a specific formula:

Days present in the current year (100%);
Plus 1/3 of the days present in the previous year;
Plus 1/6 of the days present in the second previous year.

If you are a tax resident, taxation applies to your worldwide income, just like a US citizen.

This includes income from wages, investments, and any other source, regardless of where it was generated (in Brazil or elsewhere).

However, if you are not a tax resident, taxation applies only to US-source income.

This includes wage income from a US job or capital gains from US investments.

What are the tax rules for students and temporary residents in the US?

The tax rules for students and temporary residents in the US are different from those for citizens and permanent residents (green card holders).

The main distinction is based on the concept of tax resident alien and non-resident alien.

Most students (with F-1 visas) and exchange program participants (with J-1 visas) are considered tax non-residents for tax purposes during their first years in the US. This is due to a special exemption from the “Substantial Presence Test”:

Normally, students (F-1 visas) are considered tax non-residents during the first five calendar years of their presence in the US.

Professors, researchers, and interns (J-1 visas), in general, are considered tax non-residents during the first two calendar years of their presence in the US.

As a tax nonresident, you are only required to pay income tax on U.S.-source income, such as:

Wages from a U.S. job (such as an internship or on-campus work);
Scholarships or grants that exceed tuition and book costs;
Other income from activities carried out in the U.S.

Income from a foreign source (such as rent from a property in Brazil or investments abroad) is not taxed in the U.S. as long as you maintain your tax nonresident status.

What are the tax rules for entrepreneurs and businesses in the US?

The tax rules for entrepreneurs and businesses in the US fundamentally depend on the legal structure chosen for the business.

The US tax system is complex, with federal, state, and, in some cases, even local rules.

1. Sole Proprietorship:

The simplest type of business, where the company does not have a separate legal identity from the owner.

There is no corporate income tax. The profits of the business are considered personal income of the owner and are reported directly on the individual income tax form (Form 1040).

In addition to income tax, the owner must pay Self-Employment Tax, which covers Social Security and Medicare (approximately 15.3% of net income).

2. Limited Liability Company (LLC):

The LLC is the most popular structure for small and medium-sized businesses in the US because it offers limited liability protection, separating personal and business finances.

By default, an LLC is a “pass-through entity.” This means that the company’s profits or losses pass directly to the owners, who pay the tax on their individual income tax returns, similar to a sole proprietorship. The LLC itself does not pay federal income tax.

The great advantage of the LLC is its flexibility. An LLC can choose to be taxed as a corporation (C Corp or S Corp), depending on what is most tax-advantaged for the business.

3. Corporations (C Corporation and S Corporation):

C Corporation (C Corp):

A legal entity completely separate from its owners (shareholders).

This structure is subject to double taxation. First, the corporation itself pays tax on its profits (Corporate Income Tax).

Second, when profits are distributed to shareholders as dividends, they are also taxed as personal income.

A C Corp pays federal corporate income tax (currently at a flat rate of 21%).

S Corporation (S Corp):

A corporation that elects special tax treatment to avoid double taxation.

Like an LLC, an S Corp is a pass-through business. The profits pass directly to the shareholders, who report the income on their individual tax returns. The S Corp itself does not pay federal corporate income tax.

Shareholders who also work for the company can pay themselves a “reasonable salary” (subject to payroll tax) and the remaining profit as a “distribution” (not subject to self-employment tax), which can generate tax savings.

And there are other taxes, such as:

Payroll Tax: If your company has employees, you will be responsible for withholding and paying federal and state payroll taxes, including Social Security and Medicare;
State Taxes: Many US states levy a state income tax and, in some cases, a sales tax. Rates and rules vary widely from state to state, making the location of your business an important tax decision;
Taxes for Foreign Entrepreneurs: If you are not a US resident, the rules become more complex, especially for companies that do not have a physical presence in the country but generate revenue there. The lack of a tax treaty between Brazil and the US means that mechanisms to avoid double taxation are more limited.

Given this complexity, choosing the legal structure and tax strategy for your business should be done with the help of a specialized accountant or tax attorney.

What is retirement income taxation like for Brazilians in the US?

Retirement income taxation for Brazilians living in the US is a complex issue and depends on two main factors: your tax residency status in the US and the source of your retirement income.

For the US Internal Revenue Service (IRS), if you are a tax resident (either by holding a Green Card or meeting the Substantial Presence Test), you are taxed on your worldwide income.

This means that your Brazilian retirement income, whether from the INSS (National Social Security Institute), a private pension plan, or any other source, must be declared and may be taxed in the US.

Brazil, in turn, also has rules for taxing the retirement income of Brazilians living abroad. The Brazilian government can tax this income at source.

Since there is no tax treaty between Brazil and the US, the main mechanism for avoiding paying taxes in both countries is the Foreign Tax Credit.

This credit allows you to deduct from your US tax liability the amount of tax already paid in Brazil on the same retirement income. The credit amount is limited to the tax due in the US on that specific income.

Furthermore, developing retirement planning with a specialized attorney can help you identify possibilities and ways to avoid major problems.

If you are a non-US tax resident (for example, you are in the country on a tourist visa and do not meet the Substantial Presence Test), your situation is simpler.

Your retirement income from Brazilian sources, such as INSS (National Institute of Social Security) or a private pension plan in Brazil, is not taxed in the US.

The taxation of this income, in this case, is governed by Brazilian tax laws.

If a Brazilian has lived and worked in the US and is entitled to a US government pension (Social Security) or a private pension plan (such as a 401k), this income is taxed according to US rules and may also be taxed in Brazil, depending on your tax residency status with the Brazilian Federal Revenue Service.

In short, the taxation of your Brazilian retirement pension in the US depends on whether the IRS considers you a tax resident.

If so, you will need to declare this income and use the foreign tax credit to avoid double taxation.

Which countries have a double taxation agreement with Brazil?

Currently, Brazil has double taxation agreements with several countries, both in Latin America and Europe.

In Latin America, these are:

Argentina:

The agreement prevents double taxation on income taxes, being an important instrument for bilateral economic relations.

Venezuela:

The convention aims to avoid double taxation on income and prevent tax evasion, promoting economic exchange.

Uruguay:

The agreement eliminates double taxation on income, which is essential for companies and investors operating in both countries.

Chile:

The agreement updates the rules to prevent double taxation and tax evasion, favoring reciprocal investment and tax cooperation.

Mexico:

The agreement prevents companies and individuals from being taxed twice on the same income, which is essential for trade relations between the two countries.

Peru:

The agreement prevents double taxation on income taxes, being a relevant instrument for bilateral trade and investment relations.

Ecuador:

The agreement, although under discussion, aims to cooperate to prevent double taxation and tax evasion, similar to other treaties already in force.

In Europe, some of the countries that have agreements with Brazil are:

Italy:

The convention establishes that taxes paid in one country can be offset in the other, which benefits investors and reduces the tax burden.

Germany:

It defines rules to avoid double taxation and prevent tax evasion, being crucial for trade and investment between the two countries.

Switzerland:

The agreement seeks to eliminate double taxation on income taxes, being essential for the flow of investment between Brazil and Switzerland.

Russia:

The agreement aims to avoid double taxation on income taxes and prevent tax evasion.

Sweden:

The agreement is one of Brazil’s oldest and aims to avoid double taxation on profits, wages, and other income.

Luxembourg:

The agreement seeks to avoid double taxation on income and capital, providing a safer environment for the flow of investments.

Netherlands:

The agreement is essential to avoid double taxation on corporate profits and wages, simplifying transactions for investors and expatriates.

France:

The agreement provides for tax offsetting between the countries, which benefits multinational companies, investors, and expatriates, ensuring legal certainty.

Portugal:

The agreement is important to avoid double taxation on income, which benefits the large flow of people and investments between the two countries.

Belgium:

The agreement establishes rules for the taxation of wages, profits, and other income, being essential for those with economic ties in both countries.

Spain:

The treaty prevents double taxation on capital gains, dividends, interest, and wages, being essential for companies and workers.

Finland:

The agreement, currently in the approval phase, aims to regulate air services and other types of income, ensuring a more favorable environment for companies in both countries.

Slovakia:

The agreement seeks to eliminate double taxation and prevent tax evasion, promoting a more favorable environment for bilateral trade.

Czech Republic:

The treaty aims to eliminate double taxation, boosting investment and economic cooperation between the two countries.

Austria:

It allows companies and individuals to avoid paying taxes twice on the same income, encouraging business between Brazil and Austria.

There are also agreements with other countries, such as China, Singapore, Turkey, the United Kingdom, Colombia, South Korea, and Japan.

It’s worth noting that the agreement with Colombia is not yet finalized; it is still in process. Some European countries, such as Norway, Hungary, and Denmark, are also involved.

Conclusion

Well, in this text, you’ve gained a better understanding of how the relationship between Brazil and the United States works when it comes to double taxation.

Although the countries don’t yet have an agreement in this regard, there are still ways to avoid harm and understand exactly where your money is going.

As a specialist lawyer with over 10 years of experience, I advise you to seek a trusted legal professional if you still have questions.

Only a qualified professional can understand your situation with the seriousness it deserves, analyzing the main points and finding solutions.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post Is there a double taxation agreement between Brazil and the US? appeared first on Koetz International and Succession.

Double Taxation Agreement between Brazil and Portugal: How does it work?

Eduardo Koetz — Fri, 24 Oct 2025 14:00:33 +0000

The double taxation agreement between Brazil and Portugal aims to assist companies and individuals investing in both countries.

However, some questions always arise, especially when there is a lack of complete knowledge about the agreement between these two countries.

With this in mind, as a lawyer specializing in Tax and International Law, as well as Social Security, I decided to write a text that answers the main questions on the subject.

After all, advance information can avoid headaches, unpleasant surprises, and tax rights that can go unnoticed.

Stay with me to learn more!

If you would like legal assistance from our team, send us a message on WhatsApp.

What is double taxation?

Double taxation occurs when the same income, profit, or assets of an individual or company are taxed more than once.

It manifests itself in two main forms:

Internal double taxation: more than one level of government within the same country (e.g., federal and state) taxes the same item;
International double taxation: This is the most common and the main focus of debate. It occurs when two different countries exercise their power to tax the same income.

Therefore, double taxation is when the same money is taxed twice, and Double Taxation Agreements are a fundamental tool to ensure this doesn’t happen, promoting fairness and tax predictability for those operating in more than one country.

But I’ll go into more detail later. Stay with me!

What determines double taxation?

Double taxation is primarily determined by the overlapping tax jurisdictions of two or more countries on the same income or assets.

In legal terms, it requires the simultaneous occurrence of two factors:

1. Identical Taxable Event:

The first and essential factor is that the same income, profit, or asset (the “taxable event”) is subject to taxation in multiple jurisdictions;
Wages, dividends, interest, company profits, the value of real estate, etc., are taxed.

2. Plurality and Conflict of Rules (Connecting Criteria):

This is the factor that causes overlap. Countries define their tax laws (rules) based on different connecting criteria to assert their right to tax. Double taxation arises when there is a conflict between these criteria.

The two main criteria that lead to conflict and, consequently, double taxation are:

3. Residence Criterion (personal/subjective connection):

The country taxes its resident (individual or company) on all of their worldwide income, regardless of where the income was earned;
The principle: called universal taxation or the residence principle.

Example: If you are a tax resident in Brazil, Brazil has the right to tax you on profits you earned from shares on a stock exchange in Portugal.

4. Source Criterion (real/objective connection):

The country taxes all income generated within its territory, regardless of who received it (resident or non-resident);
The principle: called taxation at source or the territoriality principle.

Example: Portugal, where the stock was sold (the source of the income), also has the right to tax that same profit, even if you are not a resident there.

The so-called Collision is where double taxation occurs when one country uses the Residence Criterion to tax the worldwide income of its resident, and the other country uses the Source Criterion to tax the same income generated in its territory.

What are the impacts of double taxation?

Double taxation has severe and predominantly negative impacts on both companies and individuals, acting as a real barrier to the economy and international development.

The most immediate and drastic effect is the financial burden. For example:

Reduced Profit Margin: Paying taxes twice on the same income drastically reduces net profit. For a company, this means that a much larger portion of revenue is consumed by taxes;
Loss of Competitiveness: Companies subject to double taxation see their products and services become more expensive, as the tax cost is built into the price. This puts them at a disadvantage in the global market compared to competitors operating in countries with double taxation agreements;
Burden on Foreign Investment (FDI): Double taxation is a major disincentive to Foreign Direct Investment. Capital is naturally attracted to where legal certainty and profitability are greater. The uncertainty and additional costs of double taxation deter investments that would generate jobs and development.

Furthermore, disputes over which country has the right to tax introduce a high degree of legal uncertainty and bureaucracy.

High Compliance Costs: Individuals and companies operating internationally must invest in specialized legal and tax planning and advice simply to avoid or mitigate double taxation. This is a significant operational cost.
Tax Disputes and Litigation: The absence of a clear agreement or divergent interpretations of the laws (especially when there is no
Double Taxation Agreement (DTA): can lead to lengthy and costly legal or administrative disputes with the tax authorities of both countries.
Planning Uncertainty: Multinational companies rely on stable tax rules to plan long-term operations. The threat of double taxation prevents this planning from being done with certainty.

Now, for the individual, double taxation directly affects income and life decisions:

Reduced Net Income: An individual who works abroad or receives a pension from another country may have a significant portion of their income consumed by double taxes, negating the benefits of working or investing outside their country of residence;
Disincentive to Mobility: The risk of paying taxes twice can discourage qualified professionals and expatriates from accepting international positions, limiting the circulation of talent and global professional growth;
Personal Complexity: Filing two income tax returns (one in each country), with complex exchange rate and tax offset rules, makes managing personal finances a heavy burden.

In other words, double taxation is considered an evil to be combated in International Tax Law.

It ultimately undermines the fundamental principle of taxable capacity (collecting taxes fairly, without confiscation) and creates artificial obstacles to the free flow of capital and people, essential to a globalized economy.

How to avoid double taxation?

You can avoid double taxation, but it’s a process that generally requires attention to the law and, often, professional support from a specialized attorney.

Taxpayers have the right not to be charged twice and can use the law to their advantage.

For companies, good tax planning is the best way to prevent this. The goal is to analyze all the company’s operations and anticipate potential conflicts of jurisdiction between taxing entities.

With the help of an accounting professional or tax attorney, you can organize your activities to reduce the risk of double taxation.

Double taxation typically occurs due to differing interpretations of the law. Having an expert in the field is essential to identify the problem and guide the taxpayer.

They can analyze the case, determine which federal entity has jurisdiction to collect the tax, and prepare a defense.

Does Portugal have a double taxation agreement with Brazil?

Yes, Brazil and Portugal have a Double Taxation Agreement (DTA) in force.

The main objective of the double taxation agreement with Brazil is to establish clear rules for the taxation of income earned by residents of one country in the other. This ensures that:

Income tax is not levied twice on the same taxable event (avoiding double taxation);
There is cooperation between the tax authorities of both countries to prevent tax evasion.

Furthermore, the agreement benefits:

Individuals: Brazilians residing in Portugal (or vice versa) who receive salaries, pensions, or have investments in the other country;
Companies: Brazilian companies with operations or branches (permanent establishments) in Portugal (or vice versa);
Investors: Individuals who invest in stocks, funds, or real estate in the other country and receive dividends, interest, rent, or capital gains.

Remember that to understand the specific details regarding the taxation of a particular type of income, it is essential to seek the advice of an expert in International Tax Law.

What is Decree No. 4,012 of November 13, 2001?

Decree No. 4,012/2001 has been fully in force since November 13, 2001, replacing a previous agreement from 1971.

The agreement currently in effect is the “Convention between the Federative Republic of Brazil and the Portuguese Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income.”

Which countries have a double taxation agreement with Brazil?

Currently, Brazil has double taxation agreements with several countries, both in Latin America and Europe.

In Latin America, these are:

Argentina:

The agreement prevents double taxation on income taxes, being an important instrument for bilateral economic relations.

Venezuela:

The convention aims to avoid double taxation on income and prevent tax evasion, promoting economic exchange.

Uruguay:

The agreement eliminates double taxation on income, which is essential for companies and investors operating in both countries.

Chile:

The agreement updates the rules to prevent double taxation and tax evasion, favoring reciprocal investment and tax cooperation.

Mexico:

The agreement prevents companies and individuals from being taxed twice on the same income, which is essential for trade relations between the two countries.

Peru:

The agreement prevents double taxation on income taxes, being a relevant instrument for bilateral trade and investment relations.

Ecuador:

The agreement, although under discussion, aims to cooperate to prevent double taxation and tax evasion, similar to other treaties already in force.

In Europe, some of the countries that have agreements with Brazil are:

Italy:

The convention establishes that taxes paid in one country can be offset in the other, which benefits investors and reduces the tax burden.

Germany:

It defines rules to avoid double taxation and prevent tax evasion, being crucial for trade and investment between the two countries.

Switzerland:

The agreement seeks to eliminate double taxation on income taxes, being essential for the flow of investment between Brazil and Switzerland.

Russia:

The agreement aims to avoid double taxation on income taxes and prevent tax evasion.

Sweden:

The agreement is one of Brazil’s oldest and aims to avoid double taxation on profits, wages, and other income.

Luxembourg:

The agreement seeks to avoid double taxation on income and capital, providing a safer environment for the flow of investments.

Netherlands:

The agreement is essential to avoid double taxation on corporate profits and wages, simplifying transactions for investors and expatriates.

France:

The agreement provides for tax offsetting between the countries, which benefits multinational companies, investors, and expatriates, ensuring legal certainty.

Portugal:

The agreement is important to avoid double taxation on income, which benefits the large flow of people and investments between the two countries.

Belgium:

The agreement establishes rules for the taxation of wages, profits, and other income, being essential for those with economic ties in both countries.

Spain:

The treaty prevents double taxation on capital gains, dividends, interest, and wages, being essential for companies and workers.

Finland:

The agreement, currently in the approval phase, aims to regulate air services and other types of income, ensuring a more favorable environment for companies in both countries.

Slovakia:

The agreement seeks to eliminate double taxation and prevent tax evasion, promoting a more favorable environment for bilateral trade.

Czech Republic:

The treaty aims to eliminate double taxation, boosting investment and economic cooperation between the two countries.

Austria:

It allows companies and individuals to avoid paying taxes twice on the same income, encouraging business between Brazil and Austria.

There are also agreements with other countries, such as China, Singapore, Turkey, the United Kingdom, Colombia, South Korea, and Japan.

It’s worth noting that the agreement with Colombia is not yet finalized; it is still in process. Some European countries, such as Norway, Hungary, and Denmark, are also involved.

Conclusion

There you go! Now you know how the double taxation agreement between Brazil and Portugal works, covering both individuals and legal entities.

The most important legal advice I can give you is: pay attention to the agreement mentioned, especially considering the type of investment you are about to make or have already begun to consider.

Having accurate information and knowing exactly what the rules of the agreement between the two countries are will help you avoid any unpleasant problems and financial losses.

If you still have questions, I recommend seeking the assistance of a lawyer specializing in the subject, who can carefully analyze your specific situation, focusing on key points.

After all, losing rights and money is never a good choice.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post Double Taxation Agreement between Brazil and Portugal: How does it work? appeared first on Koetz International and Succession.

Foreign Filming in Brazil with Crew Visas

Eduardo Koetz — Wed, 22 Oct 2025 14:00:30 +0000

Have you ever wondered how foreign filming works in Brazil? In fact, to film in the country, the crew involved needs a specific visa.

Learn more about the requirements, the role of the National Cinema Agency, and how to apply for a visa!

If you’d like legal assistance from our team, send us a WhatsApp message.

What are the rules for producing an audiovisual production in Brazil?

The rules for producing an audiovisual production in Brazil require that the production be carried out by a Brazilian production company registered with ANCINE (National Cinema Agency). This company will be responsible for communicating with the agency, following the guidelines established by ANCINE Normative Instruction No. 79 of October. 15, 2008.

The only exception concerns journalistic footage, which includes newscasts, debates, interviews, reports, or other programs that serve to report or comment on events. In other words, they are different from cinematographic works.

Why do I need a Brazilian production company?

You need a Brazilian production company to produce foreign audiovisual productions in Brazil for several legal and practical reasons, such as:

Legal representation: The Brazilian production company acts as the legal representative of the production in the country. This means it will be responsible for complying with all legal obligations, regulations, and requirements established by Brazilian authorities, such as ANCINE (National Institute of Statistics). The presence of a Brazilian company ensures that the production complies with local laws and can obtain the necessary permits;
Communication with authorities: The Brazilian production company is responsible for prior communication with ANCINE and other competent authorities. It will handle obtaining permits, licenses, and other documents necessary for the production. Having a Brazilian company in charge of this communication streamlines the bureaucratic process and ensures that the company meets all requirements;
Tax incentives and financing: In Brazil, there are tax incentive laws for the audiovisual industry. The Brazilian producer may be more familiar with these mechanisms and have the necessary expertise to access potential tax benefits and seek local financing for the project.

What works are considered journalistic?

Journalistic works are those that fall under the category of journalistic content, aimed at disseminating information of public interest, news, reports, and analyses on current events, social, political, economic, cultural, and other relevant topics. These works’ primary purpose is to inform the public impartially and objectively.

Therefore, ANCINE (National Cinema Agency) does not consider them to be cinematographic productions or serialized entertainment works, for example, and therefore, they are not subject to its regulations.

What are the steps to submit prior notification to ANCINE?

To submit prior notification to ANCINE in Brazil, you must follow a few steps through the official Brazilian Government website. Below, I present a summary of the main procedures involved:

Hiring the Brazilian production company: As mentioned previously, you must sign a contract with a Brazilian production company registered with ANCINE. This company will be responsible for submitting prior notification on behalf of the audiovisual production;
Preparing the documentation: The Brazilian production company must gather the necessary documentation for prior notification. This includes information about the production, such as title, synopsis, format, duration, technical and artistic team, among other relevant data;
Completing the form: ANCINE provides a specific form for prior notification. The Brazilian production company must complete the form with all the required information, following the instructions provided by the agency;
Submitting the documentation: The Brazilian production company must submit the complete documentation, including the completed form, to ANCINE. Submissions can be made electronically, according to the agency’s guidelines;
ANCINE’s analysis and response: After receiving the prior communication, ANCINE will conduct an analysis of the audiovisual project. The agency will assess whether the project complies with the established regulations and requirements. If there are any pending issues or additional documentation is needed, ANCINE may request additional information from the production company;
Authorization for production: Once ANCINE deems the prior communication complete and compliant, it will issue an authorization for the audiovisual production in Brazil. This authorization is required for project execution and other benefits, such as access to financial resources and tax incentives.

What else does a Brazilian production company need to submit for a foreign production company to be authorized to film in Brazil?

Before beginning the Provisional Recognition of International Co-Production process, the production company must be registered with ANCINE (National Council for the Advancement of International Co-Production).

In addition, since many documents for an international co-production are naturally issued in a foreign language, these documents must be translated by a sworn translator, in accordance with ANCINE’s Normative Instruction No. 106.

To have the translation done by a sworn professional, you must contact a translator. In fact, there are associations or regulatory bodies for sworn translators that can provide a list of qualified professionals.

The sworn translator will translate the document and certify the translation, ensuring its accuracy to the original document. The certified translation will include the sworn translator’s signature, stamp, and/or seal, attesting to its authenticity and legal validity.

What documents should a Brazilian production company submit to ANCINE?

The Brazilian production company must submit the following documents digitally, without the need for authentication:

A copy of the contract signed between the foreign production company, or the legal representative of the project, and the Brazilian production company, indicating the reciprocal responsibilities, the agreed-upon form of compensation, and the validity period of the contract;
A copy of the translation of the contract indicated in the item above, if in a foreign language;
Provisional filming/recording plan, indicating the dates and locations (municipality/state) within Brazil where the work will be performed;
A copy of the passport identification sheets of each foreign professional.

What is ANCINE’s deadline for reviewing prior notification?

ANCINE’s estimated deadline for reviewing prior notification of foreign filming in Brazil is 5 business days.

What should I do if I need to change the filming conditions already communicated to ANCINE?

The contracted Brazilian production company must notify ANCINE through the official Brazilian Government website (mentioned above), stating:

Change in the Brazilian diplomatic representation to which the appropriate visa application is addressed;
Inclusion or exclusion of technicians and artists;
Extension and/or modification of the period of temporary stay in the country of technicians and artists;
Change in the recording or filming locations;
Cancellation of the authorized activity.

What is a film commission, and how can I contact one?

A Film Commission is an entity or department responsible for facilitating and authorizing the filming of audiovisual productions in a given region, city, or country.

Its role is to provide information, logistical support, and guidance to film, television, and media producers regarding the filming process in their location.

In addition, authorization to film in the city must go through the Film Commission, which may charge fees to release the filming space.

To contact a Film Commission, you can follow these steps:

Research: Identify the Film Commission responsible for the region or city where you want to film. You can search online or obtain information from government agencies, audiovisual industry associations, or other production companies that have previously filmed in the region;
Visit the website or contact them: Visit the Film Commission’s official website or contact them directly. The website will usually provide contact information, including email, phone number, or an online contact form;
Provide details about your production: When contacting the Film Commission, explain the purpose of your production, including information such as the expected filming date, duration, scope of the project, and any specific requirements you may have. The more details you provide, the better the Film Commission can assist you;
Request guidance and support: Request information about the services the Film Commission offers, such as assistance with filming locations, necessary permits, tax incentives, and other available resources. They will be able to provide specific guidance and direct you to the appropriate resources.

Each Film Commission may have its own policies, so you’ll need to check with the appropriate department at your local city hall. Additionally, you’ll need to obtain prior permission to film and pay the city’s usage fee.

What is ANCINE’s contact information for processing foreign filming in Brazil?

By email: filmagem.estrangeira@ancine.gov.br or by phone: +55 (21) 3037-6209.

What visa options are available for foreign audiovisual crews to film?

In fact, visas for foreign filming in Brazil are issued by Brazilian Consulates or Embassies abroad.

ANCINE then informs the appropriate diplomatic representation about the production of a specific foreign audiovisual production in Brazil, in order to grant entry and temporary residence visas for the foreign professionals who will participate in the filming in Brazil.

How long can the crew stay in the country with a visa for foreign filming in Brazil?

The competent Brazilian diplomatic mission will determine the duration of the visa for foreign filming in Brazil, aligning it with the filming/recording schedule of the project in question.

Can the crew renew their visa for foreign filming in Brazil?

Yes, the crew can renew their visa for foreign filming in Brazil, provided they meet the requirements established by the Brazilian immigration authorities.

What documents are required for a crew visa?

The documents required for a visa for foreign filming in Brazil and for the respective crew involved in an audiovisual production in the country are as follows:

Valid Passport: Each crew member must have a valid passport with a minimum validity of six months from the date of their intended entry into Brazil;
Visa Application Form: The crew must complete the Brazilian visa application form. This form can usually be obtained from the website of the Brazilian embassy or consulate in their home country;
Recent Photo: You must provide a recent photo of the crew member, in accordance with the specifications of the Brazilian immigration authority;
Invitation Letter or Employment Contract: The crew must have an invitation letter or employment contract issued by the Brazilian production company responsible for the audiovisual production in Brazil. This document should specify the purpose of the visit, the dates of work, the position, and other relevant information;
Proof of Financial Means: You may be required to provide proof of sufficient financial means to cover expenses during your stay in Brazil. This may include bank statements, credit cards, or other documents demonstrating financial capacity;
Proof of residency: Some countries may require employees to provide proof of residency in their home country or the country where they are currently residing.

Do I need any vaccinations to enter Brazil with this visa?

Yes. A yellow fever vaccination certificate is required for those who have traveled in the 90 days prior to their trip to Brazil to: Angola, Bolivia, Benin, Burkina Faso, Cameroon, Colombia, Democratic Republic of the Congo, Ecuador, French Guiana, Gabon, Ghana, Gambia, Republic of Guinea, Liberia, Nigeria, Peru, Sierra Leone, Sudan, and Venezuela.

Yellow fever vaccination is recommended for those planning to travel to certain Brazilian cities and is required for others (those currently under some type of alert).

What are the requirements to obtain this visa?

The requirements to obtain a visa to conduct an audiovisual production in Brazil are:

Complete documentation: Present all necessary documents, such as a valid passport, completed visa application form, recent photo, invitation letter or employment contract from the Brazilian production company, proof of financial resources, and other documents requested by immigration authorities;
Purpose of visit: Demonstrate the specific purpose of the visit, which in this case would be to conduct an audiovisual production. This may include presenting employment contracts, production details, filming schedules, and other relevant information;
Proof of ties: You must demonstrate that you have sufficient ties to your country of origin or current residence, such as employment, property, family, among others. This helps demonstrate that you intend to return to your country after the production in Brazil is completed;
Financial conditions: You must provide evidence that you have adequate financial resources to cover expenses during your stay in Brazil, including lodging, meals, and other costs related to the audiovisual production;
Compliance with laws and regulations: You must comply with Brazilian laws and regulations and have no criminal record that could prevent you from obtaining a visa.

How much does a visa cost?

The visa fee for foreign filming in Brazil is R$100.00 (Gold). However, since visas are based on local currencies and the gold exchange rate, be aware of the cost in advance.

How to apply for a visa for foreign filming in Brazil?

To apply for a visa for foreign professionals who will participate in filming in Brazil, you will need to follow these steps:

Valid passport: Ensure that the foreign professional’s passport is valid for at least six months from the date of their intended entry into Brazil;
Visa application form: Complete the visa application form, which can be obtained from the website of the Brazilian embassy or consulate in your home country. Provide all requested information accurately;
Recent photo: Provide a recent photo of the foreign professional according to the specifications of the Brazilian embassy or consulate;
Invitation letter or employment contract: The Brazilian production company must provide an invitation letter or employment contract detailing the purpose of the trip, the dates of work, the duties to be performed, and other relevant information;
Additional documents: Depending on the specific situation, other documents may be requested, such as a resume, portfolio, proof of academic qualifications, among others.

How long does it take for my visa application to be processed after I apply?

The processing time for a visa for foreign filming in Brazil is generally 20 business days. However, there is no specific deadline. Therefore, apply for your visa as soon as possible to avoid problems close to your travel date.

Upon arrival in Brazil, what should I do?

Upon arrival in Brazil, as a foreign professional who has obtained a visa to participate in filming, you must present your identification documents and equipment to Brazilian immigration and the Federal Police.

Foreign Filming in Brazil: How Does It Work?

In short, upon arriving in Brazil, as a foreign professional who has obtained a visa to film abroad in Brazil, you must follow a few steps to ensure a smooth and legal stay in the country.

First, upon landing in Brazil, go to immigration control, where you will be asked to present the necessary documents for entry into the country. Make sure you have a valid passport and a work visa issued by the Brazilian diplomatic mission.

Second, upon admission to the country, be prepared to present the audiovisual production documents to the Federal Police or ANCINE, if requested. Have copies of employment contracts, prior communication with ANCINE, the provisional filming/recording plan, and other production-related documents on hand.

Third, maintain contact with the Brazilian production company responsible for the production. They will be your primary contact with local authorities and can provide additional guidance on specific procedures and requirements during filming.

If you’d like legal assistance from our team, send us a WhatsApp message.

The post Foreign Filming in Brazil with Crew Visas appeared first on Koetz International and Succession.

Countries with a double taxation agreement with Brazil: which ones?

Eduardo Koetz — Wed, 01 Oct 2025 14:00:20 +0000

Double taxation agreements are driving the market, but many people still don’t know exactly how these agreements work. Today, I will talk about double taxation agreement.

Investors and companies may also wonder which countries have this type of agreement with Brazil.

In this article, I’ve decided to illustrate the main questions on the subject and list the countries that have agreements with Brazil.

Follow along!

If you’d like legal assistance from our team, send us a WhatsApp message.

What are double taxation agreements?

Double taxation agreements, also known as double taxation treaties, are international treaties signed by two different countries to prevent the same income, or even a single type of income, from being taxed twice.

For example, imagine that a Brazilian company manages to obtain profits from business with Italy. In theory, this transaction could be taxed in both Brazil and Italy.

Then, a double taxation agreement “enters the scene” and defines rules or even prevents this double taxation.

Which countries have a double taxation agreement with Brazil?

Currently, Brazil has double taxation agreements with several countries, both in Latin America and Europe.

In Latin America, these are:

Argentina:

The agreement prevents double taxation on income taxes, being an important instrument for bilateral economic relations.

Venezuela:

The convention aims to avoid double taxation on income and prevent tax evasion, promoting economic exchange.

Uruguay:

The agreement eliminates double taxation on income, which is essential for companies and investors operating in both countries.

Chile:

The agreement updates the rules to prevent double taxation and tax evasion, favoring reciprocal investment and tax cooperation.

Mexico:

The agreement prevents companies and individuals from being taxed twice on the same income, which is essential for trade relations between the two countries.

Peru:

The agreement prevents double taxation on income taxes, being a relevant instrument for bilateral trade and investment relations.

Ecuador:

The agreement, although under discussion, aims to cooperate to prevent double taxation and tax evasion, similar to other treaties already in force.

In Europe, some of the countries that have agreements with Brazil are:

Italy:

The convention establishes that taxes paid in one country can be offset in the other, which benefits investors and reduces the tax burden.

Germany:

It defines rules to avoid double taxation and prevent tax evasion, being crucial for trade and investment between the two countries.

Switzerland:

The agreement seeks to eliminate double taxation on income taxes, being essential for the flow of investment between Brazil and Switzerland.

Russia:

The agreement aims to avoid double taxation on income taxes and prevent tax evasion.

Sweden:

The agreement is one of Brazil’s oldest and aims to avoid double taxation on profits, wages, and other income.

Luxembourg:

The agreement seeks to avoid double taxation on income and capital, providing a safer environment for the flow of investments.

Netherlands:

The agreement is essential to avoid double taxation on corporate profits and wages, simplifying transactions for investors and expatriates.

France:

The agreement provides for tax offsetting between the countries, which benefits multinational companies, investors, and expatriates, ensuring legal certainty.

Portugal:

The agreement is important to avoid double taxation on income, which benefits the large flow of people and investments between the two countries.

Belgium:

The agreement establishes rules for the taxation of wages, profits, and other income, being essential for those with economic ties in both countries.

Spain:

The treaty prevents double taxation on capital gains, dividends, interest, and wages, being essential for companies and workers.

Finland:

The agreement, currently in the approval phase, aims to regulate air services and other types of income, ensuring a more favorable environment for companies in both countries.

Slovakia:

The agreement seeks to eliminate double taxation and prevent tax evasion, promoting a more favorable environment for bilateral trade.

Czech Republic:

The treaty aims to eliminate double taxation, boosting investment and economic cooperation between the two countries.

Austria:

It allows companies and individuals to avoid paying taxes twice on the same income, encouraging business between Brazil and Austria.

There are also agreements with other countries, such as China, Singapore, Turkey, the United Kingdom, Colombia, South Korea, and Japan.

It’s worth noting that the agreement with Colombia is not yet finalized; it is still in process. Some European countries, such as Norway, Hungary, and Denmark, are also involved.

How to take advantage of the benefits of double taxation agreements?

Taking advantage of the benefits of double taxation agreements can be complex, but it is essential for individuals and companies operating internationally.

The key is understanding the rules and being able to apply them correctly to your tax return.

For example, the first step is to identify the double taxation agreement between Brazil and the country of your choice. Some countries do not yet have this type of agreement with Brazil.

Next, you must correctly understand the rules regarding the agreement to avoid future problems, as each agreement has a different nature.

For example, a company’s profits are generally taxed in the country where the company is headquartered, whether in Brazil or abroad.

Interest, dividends, and royalties are usually taxed in the country of origin, but at limited rates.

And, in the case of wages, they are typically taxed where the employment occurred.

Additionally, you will need to prove that you paid the tax abroad. Therefore, keep all payment receipts, documents, statements, or receipts issued by the foreign tax authority.

The IRS requires this proof to grant the credit. Therefore, you must declare the income earned on your income tax return.

You can request offsetting of the tax paid abroad on your Brazilian tax return. In fact, you can often request offsetting of the tax paid abroad on your Brazilian tax return.

The IRS will use the foreign tax amount as a credit to offset the tax due in Brazil.

How important are double taxation agreements for Brazilian investors?

Double taxation agreements are of enormous importance to Brazilian investors.

The agreements are a fundamental tool for achieving legal certainty and financial predictability, which is crucial for those investing abroad.

The main benefit is the elimination of double taxation. If a double taxation agreement does not exist, this would significantly increase the tax burden, reducing the profitability of the investment.

With an agreement (when one exists), taxation would be adjusted so that the investor pays tax only once, or offsets the amount already paid.

Furthermore, the agreements make different types of investments more attractive, as investors know they will not face double taxation.

This, in addition to benefiting the investor themselves, is a great alternative for expanding Brazilian companies internationally, facilitating entry into new markets.

Beyond tax savings, the agreements provide a clear legal framework. They define the rules for taxing different types of income, such as interest, royalties, profits, and capital gains.

In other words, this reduces uncertainty and tax risk, allowing investors and businesses to plan their financial strategies with greater confidence.

Investors and businesses can know in advance how they will be taxed, which is extremely important for long-term business planning.

Conclusion

Today, you have a better understanding of double taxation agreements and a clear understanding of what double taxation actually is.

With a more globalized world, investors and companies around the world can take advantage of international agreements involving countries in different ways.

With greater predictability and reliable profits, the market can accelerate, helping the economy not only of one country, but of the entire world.

Investors and companies that are not yet familiar with Brazil’s double taxation agreements need to educate themselves to avoid headaches or even legal problems.

In fact, if you still have questions or need a more personalized assessment, I recommend seeking the assistance of a trusted specialist lawyer so that the professional can truly understand your main needs.

If you’d like legal assistance from our team, send us a WhatsApp message.

The post Countries with a double taxation agreement with Brazil: which ones? appeared first on Koetz International and Succession.

Cost of living and opportunities in Brazil for refugees

Eduardo Koetz — Fri, 26 Sep 2025 14:00:17 +0000

Due to its size, Brazil presents significant differences between its cities in terms of cost of living and opportunities. Do you know which Brazilian cities have the best salaries and cost of living for refugees in the country?

If you require legal assistance from our team, please send us a message on WhatsApp.

Cost of Living in Brazil

According to the collaborative website Expatistan, of the 230 most expensive cities to live in the world, at least 15 are in Brazil. At least, that’s what the website’s cost-of-living ranking shows.

The first city to appear in the survey is São Paulo, in 189th place, well below countries like the United States, Australia, some European cities, and even Central America. Other cities mentioned in this survey are: Rio de Janeiro, Brasília, Florianópolis, Curitiba, Belo Horizonte, Porto Alegre, and Recife.

The survey takes into account apartment rentals in upscale areas of the city, commuting, leisure activities, and the purchase of basic food baskets. An interesting aspect of Brazil is that it has public education and healthcare services — which other countries lack.

But what about salaries?

While these cities have a higher cost of living, some also offer the most opportunities and the best salaries. However, high-paying jobs are increasingly competitive, and it’s harder to find a job without the desired qualifications.

According to IBGE data released through the Central Business Registry, the cities with the best salaries and cost of living are:

Maceió (AL): the city has demonstrated intense economic and infrastructure growth;
João Pessoa (PB): has a technology hub and a complex industrial park, with various segments, such as food, metallurgy, and textiles;
Fortaleza (CE): is the third-richest region in the North and Northeast;
Teresina (PI): is the third capital with the best quality of life in the North and Northeast;
Natal (RN): has a diversified industrial production, with a focus on construction;
São Luís (MA): is a city with a privileged territorial position, which has attracted many companies and large corporations;
Goiânia (GO): is an important economic hub and strategic center;
Aracaju (SE): has the lowest inequality rate in the Northeast and is one of the capitals with the lowest cost of living in Brazil;
Recife (PE): is the richest city in the North and Northeast;
Manaus (AM): is the most influential city in the Western Amazon and has a huge impact on the region’s commerce;
Salvador (BA): is one of the most economically important cities in Brazil;
Boa Vista (RR): despite not standing out economically, the city is recognized for its low cost of living and excellent salaries;
Campo Grande (MS): is the best city in the country for infrastructure, and investment in the city has grown significantly over the years;
Cuiabá (MT): the city has one of the largest trade balances in Brazil;
Belo Horizonte (MG): was once considered the city with the best quality of life in Latin America and one of the best cities for doing business;
Belém (PA): is a city of great influence in the region;
Curitiba (PR): is a model city for the rest of Brazil. It has the lowest illiteracy rate and the best basic education among Brazilian capitals;
Porto Alegre (RS): is one of the best Brazilian cities to live, work, do business, study, and have fun;
Vitória (ES): was once considered the best city to live in by the United Nations, as well as having one of the best human development indexes among all Brazilian municipalities;
São Paulo (SP): is the country’s main financial center and is an influential city on the global stage;
Rio de Janeiro (RJ): is the largest tourist destination in Brazil, Latin America, and the entire Southern Hemisphere. It is also an economic, cultural, and financial hub of the country;
Florianópolis (SC): has a high quality of life and is a great place to live. It was once considered one of the best cities for entrepreneurship in the country, boasting a high Entrepreneurial Cities Index (ICE);
Brasília (DF): has the largest gross domestic product in the country and is the third-richest city.

It’s easy to see that Brazilian capitals have the best salaries and cost of living. Since they have more large corporate headquarters, some inland cities still demonstrate greater economic growth than the capitals themselves.

Which states receive the most refugees?

The main refugee influx has been northern states like Roraima and Amazonas, due to their proximity to Venezuela and other Latin American countries. However, many of them enter and seek residence in other capitals where they believe they have found more job opportunities, such as São Paulo, Rio de Janeiro, Paraná, and Rio Grande do Sul.

According to data from the Ministry, of the total number of refugees remaining in Brazil — that is, those with active registrations — more than half are in the state of São Paulo. Precisely because of the city’s significant economic power on the international stage, it attracts more attention from those unfamiliar with Brazil.

However, as can be seen, there is an infinite variety of opportunities in other Brazilian cities with affordable living costs and good salaries, which are not being explored. There are many opportunities in other capitals that could accommodate this influx of refugees entering the country, as well as in cities in the interior.

Opportunities for Refugee Relocation

Brazil created a voluntary refugee relocation project in 2018. It aims to reduce the impact of the arrival of Venezuelan refugees and migrants in the north of the country and create new integration opportunities for those who have chosen Brazil as their new home.

The strategy has already reached more than 5,000 people who entered Brazil through the north and is supported by the UN Refugee Agency (UNHCR), civil society organizations, and other UN agencies. Thus, through relocation, the Brazilian government has been organizing the transfer of refugees from the north of the state to other Brazilian cities, primarily in the interior.

This project has reduced the impact of the intense influx of people welcomed in the city of Roraima, as they are relocated to 50 other cities in Brazil. It also provides better living conditions and integration for these people into Brazilian society.

It is a project that has worked very well and has benefited, primarily, Venezuelans. Although recently implemented, it has created several opportunities for those who wish to create a connection with Brazil and, perhaps, will expand to reach other refugees as well.

The post Cost of living and opportunities in Brazil for refugees appeared first on Koetz International and Succession.

Bank Account for Foreigners: How to Open One in Brazil

Eduardo Koetz — Wed, 24 Sep 2025 14:00:55 +0000

Discover how to open a bank account for foreigners in Brazil, with or without a visa or residence permit, and understand the differences between regular bank accounts and those for non-tax residents.

Contributor: Lucas Velozo de Mello Marchiori

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who wants to open a bank account in Brazil?

The process of opening a bank account in Brazil for foreign citizens is a point of great general interest, with many questions about the requirements and necessary procedures. Opening a bank account is an essential service for those who intend to reside in Brazil, and it is also highly sought after by foreigners who:

Look to invest in the country;
Intend to do business with Brazilian companies;
Want to buy property in Brazil;
Want to hire Brazilians remotely;
Intend to live in Brazil temporarily or permanently.

In this text, we seek to clarify the most common questions about the procedure.

Where to open a Bank Account in Brazil?

Foreigners can open a bank account directly through one of Brazil’s financial institutions. There are over 20 banking institutions in Brazil, including public, private, foreign, and Brazilian institutions.

Brazilian law allows bank accounts to be opened and maintained entirely online, but few banks offer this service; most still require an in-person visit to a bank branch. This makes it difficult for foreigners.

Therefore, some digital banks are a great option for those who have a Brazilian Residence Permit and a tax address in the country, and hold a CRMN (formerly known as RNE).

If you don’t have a residence permit, you can still open a Non-Resident Bank Account, which we’ll explain later.

What are the obstacles and requirements?

Each banking institution in Brazil establishes the account opening process and the required documentation. This is especially true for foreigners wishing to open a bank account in Brazil.

The main obstacle foreign citizens face when opening a bank account is presenting the CRNM (National Migration Registry), also known as CRNM or RNE (formerly known as the National Migration Registry).

The CRNM is a document intended for foreigners residing in Brazil, authorizing them to live in the country temporarily or permanently.

If you are interested in learning more about residence permits, read our articles explaining how a foreigner can become a temporary or permanent resident in Brazil.

The CRNM requirement is very common in virtually all banking institutions established in Brazil. This requirement ultimately complicates the account opening process, as many foreigners who wish to open an account in Brazil do not plan to reside there.

Documents for a Foreigner to Open a Bank Account in Brazil

By analyzing the main financial institutions established in Brazil, it’s possible to gather an overview of what will be necessary for a foreign citizen to open a bank account here. The documents required by banks are:

CRNM;
Valid passport;
CPF;
Proof of address;
Proof of income or possession of funds.

In addition to the CRNM requirement, discussed in the previous topic, another document frequently on the list of requirements of financial institutions is the presentation of a valid passport.

Every passport has an issue and expiration date.

The passport is valid between these two dates.

If a foreign citizen is in Brazil with an expired passport, they must contact their country’s consulate or embassy in Brazil to have a new travel document issued.

You can access the contact details for all consular offices in Brazil.

Another document regularly requested by financial institutions is the CPF (Individual Taxpayer Registry). The process for issuing a CPF for a foreigner is usually simple and quick. Any foreign citizen can apply for a CPF, even those who do not reside in Brazil or have never even been to the country.

Closely linked to the RNM, proof of address in Brazil is also routinely requested by financial institutions. This proof is typically demonstrated by a regular bill, such as a water, electricity, telephone, or credit card bill, among others.

Furthermore, some banks in Brazil may require foreign citizens to appear in person at one of their branches to request an account opening.

Non-Tax Resident Bank Account

Given the difficulty of opening a regular bank account without being a resident of Brazil, there is a type of account called a CDE (Account for Residents Abroad), regulated by the Central Bank.

This type of account is intended for both foreigners not residing in Brazil and Brazilians who have permanently left the country.

The CDE is similar to a checking account, except that it is intended for foreigners and Brazilians without tax residency in Brazil.

However, most banks in Brazil currently do not offer CDEs. This is because the Central Bank’s requirements for opening this type of account are quite strict, and financial institutions have the discretion to choose whether or not to offer this type of account.

Some of the financial institutions that offer account opening for non-residents are Banco Rendimento, Banco Santander, and BTG Pactual. This list may change over time, so it is important to contact the institution directly to confirm the conditions.

The expectation is that the regularization of the Overseas Resident Account (CDE) will be simplified and offered by more institutions soon, given that the New Exchange Framework came into effect on December 30, 2022, bringing with it relevant changes.

Does opening a bank account for foreigners require a proxy in Brazil?

The need for a proxy to open a bank account for foreigners depends strictly on the type of bank account being created. Accounts for foreign residents in Brazil, whether temporary or permanent, do not require a proxy.

Opening a CDE (Account for Residents Abroad), however, usually requires a proxy in Brazil. This requirement varies according to the financial institution’s guidelines.

Banco Rendimento, for example, is one of the institutions that offers account opening for non-residents without requiring a proxy in Brazil. The service is 100% digital, which facilitates the process for foreigners residing only abroad.

Is it necessary to establish tax domicile in Brazil to open a bank account?

According to the Brazilian tax system, tax domicile is the place of habitual residence, which corresponds to the place where the taxpayer’s center of life is frequently located.

For a foreign citizen to be considered a tax resident in Brazil, they must meet one of the following criteria:

Enter Brazil with a permanent visa;
Enter Brazil with a temporary visa;
To work under an employment contract or work as a medical fellow in Brazil, on the date of arrival;
On the date they complete 184 days, consecutive or not, of stay in Brazil, within a period of up to twelve months;
On the date of obtaining a permanent visa or employment contract, if this occurs before completing 184 days, consecutive or not, of stay in Brazil, within a period of up to twelve months.

Therefore, it is not necessary for a foreign citizen to be considered a tax resident to open a bank account in Brazil.

A foreign citizen with a temporary visa, for example, can open the account upon arrival in the country. Furthermore, foreigners residing abroad can also apply to open a CDE account in Brazil, as discussed earlier in this article.

If you would like legal assistance from our team, please send us a message on WhatsApp.

The post Bank Account for Foreigners: How to Open One in Brazil appeared first on Koetz International and Succession.

When does an immigrant have the right to remain in Brazil?

Eduardo Koetz — Mon, 22 Sep 2025 14:00:55 +0000

When does an immigrant has the right to remain in Brazil? A foreigner wishing to live in or visit Brazil has a multitude of visa options available to stay in Brazil. Therefore, it’s important to understand the options to understand which one best suits your situation.

If you would like legal assistance from our team, please send us a message on WhatsApp.

International Interest in Brazil

Brazil’s international prominence has resulted in growing interest among foreigners in the country. Whether for visits, out of an interest in learning more about the country’s natural beauty and culture, or for those seeking to expand their businesses or work in Brazil. Government data shows that in 2018, more than 6 million foreigners chose Brazil for their vacations, and this number will likely increase with visa exemptions for some countries.

Furthermore, it is common to find foreigners also wanting to live in the country and seeking new job opportunities. Many Latin American neighbors are seeking a new life in Brazil, whether as immigrants or refugees. There are also those who prefer to retire in a tropical country, and it’s not uncommon to find Scandinavians in the north and northeast of the country.

Regardless of the form — temporary or permanent — there are always questions about the visa processes and types. Therefore, this post aims to clarify the question: when does an immigrant have the right to remain in Brazil?

Visas for Immigrants in Brazil

According to Migration Law No. 13,445/2017, which establishes immigration and migration rules, immigrants have the right to remain in Brazil when they hold a valid visa in accordance with the law. Brazil is a very welcoming country and allows for several ways to obtain a visa.

Visas are granted by Embassies or Consulates abroad, and in some (exceptional) cases, they can be granted in Brazil. Thus, the law provides for: visit, temporary, diplomatic, official, and courtesy visas.

Visit, diplomatic, official, and courtesy visas are intended for foreigners who wish to enter Brazil for a short period of time and without the intention of establishing residence, whether for tourism, business, diplomatic mission, or other purposes.

Temporary visas are granted to immigrants who come to Brazil to establish residence for a fixed period.

When does an immigrant have the right to remain in Brazil with a temporary visa and residence permit for immigrants?

Therefore, an immigrant has the right to remain in Brazil if they hold a temporary visa linked to a residence permit or fall under another status, such as refugee status.

A residence permit may be granted to immigrants who meet the following criteria:

Research, teaching, or academic extension;
Health treatment;
Humanitarian shelter;
Study;
Work;
Work-Vacation;
Practice of religious activity or volunteer service;
Investment or activity with economic, social, scientific, technological, or cultural relevance;
Family reunion;
The immigrant is a beneficiary of a residence and free movement treaty;
The holder of a job offer;
The immigrant previously held Brazilian nationality and does not wish to or does not meet the requirements to reacquire it;
Be a beneficiary of refugee status, asylum, or stateless status;
Be a minor who is a national of another country or stateless, unaccompanied, or abandoned, who is within Brazilian borders or within national territory;
Be a victim of human trafficking, slave labor, or a violation of rights aggravated by their immigration status;
Be on provisional release or serving a sentence in Brazil.

Each type of visa has its own application procedure and unique documentation. Therefore, it is extremely important to review the entire process before applying. Furthermore, the timeframes also vary depending on the residence permit, ranging from one year to indefinite.

And, even after the law’s ratification, the Brazilian Government continues to create new ways to facilitate the legalization of immigrants in Brazil. In other words, the immigrant has the right to remain in Brazil.

For example, in 2018 and 2019, two new Normative Resolutions were ratified, which allow the granting of a residence permit as a result of real estate investment in Brazil and a residence permit based on retirement and/or survivor’s pension benefits.

The Rights of an Immigrant in Brazil

Immigrants who hold a residence permit in Brazil have the same rights as Brazilian citizens. The Migration Law clearly states the inclusion of these individuals in Brazilian society.

Therefore, all immigrants have access to public health and education services, labor law, private pensions, and everything else. The only thing immigrants don’t have is the right to vote or run for political office.

Questions?

Any questions about the visa process can be answered by one of our consultants.

If you would like legal assistance from our team, please send us a message on WhatsApp.

The post When does an immigrant have the right to remain in Brazil? appeared first on Koetz International and Succession.

Embassies and Consulates in Brazil: list of addresses and contacts

Eduardo Koetz — Fri, 19 Sep 2025 14:00:26 +0000

Brazil attracts people from all over the world for its diversity and cultural and natural richness. However, many foreigners who decide to live here often need to resolve bureaucratic issues at their countries’ embassies and consulates in Brazil.

Therefore, in this article, we’ve organized quick information on the addresses and contact details of embassies and consulates in Brazil. Find out where and how to find them!

If you’d like legal assistance from our team, send us a message on WhatsApp.

Addresses and phone numbers for different countries

For various reasons, foreigners living in Brazil need to contact embassies and consulates in different states. However, it’s frequently not possible to visit them in person, meaning they must seek assistance online.

To find the addresses and phone numbers for embassies and consulates in your home country in Brazil, find out where to find them. This link also provides email contact information, should you need to contact them that way.

U.S. Embassy and Consulate in Brazil

Brazil frequently welcomes travelers from the United States. Furthermore, many people end up living here because they can maintain a local business. However, it is necessary to contact the U.S. Embassies and Consulates in Brazil directly.

We have organized the locations by city and state below, so you can find directions. Follow:

U.S. Embassy in Brasília

SES Avenida das Nações, Block 801, Lot 3
ZIP Code 70403-900
Tel: +55 (61) 3312-7000

Access more information here.

U.S. Consulate General in Recife

Consul General: Jessica Leigh Simon
recifevisa@state.gov
Rua Gonçalves Maia, 163 – Boa Vista
CEP 50070-060 — Recife, PE
Tel: +55 (81) 3416-3050 / 9916-9470

Access more information on the website.

Consulate General of the United States in Rio de Janeiro

visario@state.gov
Av. Presidente Wilson, 147 – Centro
CEP 20030-020 — Rio de Janeiro, RJ
Tel: +55 (21) 3823-2000
https://www.facebook.com/consuladoeuarj.br

Access more information on the website.

Consulate General of the United States in São Paulo

saopaulovisa@state.gov
Rua Henri Dunant, 500 – Chácara Santo Antônio
CEP 04709-110 — São Paulo, SP
Tel: +55 (11) 3250-5000

Access more information on the website.

Consulate General of the United States in Porto Alegre

You can contact the consulate in Porto Alegre through the following here.
Email: portoalegreNIV@state.gov, or by phone: +55 (51) 3345-6000
Or, if you prefer, visit the address: Avenida Assis Brasil, 1889 – Passo d’Areia; Zip Code 50070-060 — Porto Alegre, RS.

U.S. Honorary Consular Office in Fortaleza

Email: FortalezaACS@state.gov or Tel: +55 (85) 3021-5200
Or, if you prefer, visit:
Avenida Santos Dumont, 2828, Suite 708, Torre Santos Dumont — Aldeota; Zip Code 60150-161 — Fortaleza, CE.

U.S. Honorary Consular Office in Manaus

Contact them by email at acsmanaus@gmail.com or by Tel: +55 (92) 3611-3333
Rua Franco de Sá, 310, Room 306, Atrium Building — São Francisco
Zip Code 69079-210 — Manaus, AM.

U.S. Honorary Consular Office in Salvador

Contact them by email: ACS1Salvador@gmail.com, or by phone: +55 (71) 3113-2090 / 2091
Av. Tancredo Neves, 1632, Room 1401, Salvador Trade Center, South Tower – Caminho das Árvores
Zip Code 41820-020 — Salvador, BA.

If you’d like legal assistance from our team, send us a message on WhatsApp.

Portuguese Embassies and Consulates in Brazil

Portugal has extensive commercial and cultural exchanges with Brazil. Many Brazilians live in Portugal, and many Portuguese live in Brazil. See below for details on where to find Portuguese Embassies and Consulates in Brazil.

Embassy of the Portuguese Republic in Brasília

Information is available through the website: www.brasilia.embaixadaportugal.mne.pt, or by email: embaixadadeportugal@embaixadadeportugal.org.br
SES Avenida das Nações, Block 801, Lot 02
CEP 70402-900 — Brasília, DF
Tel: +55 (61) 3032-9600
Fax: +55 (61) 3032-9642

Consular Section of the Embassy of the Portuguese Republic in Brasília

You can contact the Consular Section Officer: Tiago Serras Rodrigues

brasilia@mne.pt
SES – Avenida das Nações, Block 801, Lot 02
ZIP Code 70402-900 – Brasília, DF
Tel: +55 (61) 3032-9600
Fax: +55 (61) 3032-9642
Consular Emergency: +55 (61) 99823-4893

Honorary Consulate of Portugal in Goiânia

You can contact the Honorary Consul: José Pedro Martins dos Santos
consuladodeportugalgo@gmail.com
Avenida Portugal, 914 A — Marista Sector
ZIP Code 74150-030 — Goiânia, GO
Tel: +55 (62) 3286-5913

Honorary Consulate of Portugal in Cuiabá

Honorary Consul: Augusto Frederico Müller Júnior
47th Street, No. 963 — Boa Esperança Neighborhood
Zip Code: 78068-365 — Cuiabá, MT
Tel: +55 (65) 3664-2659

Consulate General of Portugal in Rio de Janeiro

You can contact the Consul General: Luís Augusto Fernandes Gaspar da Silva
http://consuladoportugalrj.org.br
riojaneiro@mne.pt
São Clemente Palace — Rua São Clemente, 424 – Botafogo
Zip Code 222.260-000 — Rio de Janeiro — RJ
Tel: +55 (21) 3861-6450 / 3509-1850
Fax: +55 (21) 2544-3382

Honorary Consulate of Portugal in Vitória

You can contact the Honorary Consul: Amós Alves de Souza
contato@consuladoportugales.com.br
Av. Jair Etienne Dessaune, 193 — Bento Ferreira
Zip Code: 29050-710 — Vitória — ES
Tel: +55 (27) 3357-1313

Consulate General of Portugal in São Paulo

www.consuladoportugalsp.org.br
consulado.saopaulo@mne.pt
Rua Canadá, 324 — Jardim América
ZIP Code 01436-000 — São Paulo, SP
Tel: +55 (11) 3084-1800
Fax: +55 (11) 3083-2068

Consular Office of Portugal in Santos

consulado@santos.dgaccp.pt
Rua Ana Costa, No. 25 — 5th floor — Vila Mathias
ZIP Code 11060-001 — Santos, SP
Tel: +55 (13) 3223-6674 / 3223-1068
Fax: +55 (13) 3221-3503

Honorary Consulate of Portugal in Campinas

You can contact us through Honorary Consul: João António Serra
casadeportugalcamp@gmail.com
Rua Ferreira Penteado, 1349 – Cambui
Zip Code 13010-041 — Campinas, SP
Tel: +55 (19) 3252-5752

Honorary Consulate of Portugal in Campo Grande

Honorary Consul: Fernando dos Santos Gonçalves
Rua Silvina Tomé Veríssimo, 20 – Jardim Autonomista
Zip Code 79022-490 – Campo Grande, MS
Tel: +55 (67) 3312-0400
Fax: +55 (67) 3312-0407

Honorary Consulate of Portugal in Corumbá

You can contact the Honorary Consul: Alfredo Fernandes
aefe@terra.com.br
Rua Porto Carreiro, 1060
Zip Code 79300-110 – Corumbá, MS
Tel: +55 (67) 3231-6530
Fax: +55 (67) 3231-2357

Consulate General of Portugal in Salvador

You can contact the Consul General: Jorge Gabriel Silva da Fonseca.
For more information, visit the website: www.salvadordabaia.consuladoportugal.mne.pt/pt, or email: consulado.bahia@mne.pt.
Or contact the address: Avenida Tancredo Neves, 1632, Salvador Trade Center Building, North Tower, 1st floor, Rooms 109 to 113, Caminho das Árvores.
Postal Code 41820-020 — Salvador, BA
Tel: +55 (71) 3271-2354
Fax: +55 (71) 3341-2796

Consulate of Portugal in Belo Horizonte

Consul: Rui Nuno Oliveira de Almeida
For more information, visit www.consuladoportugalbh.org.br or email consulado.belohorizonte@mne.pt
Or contact the following address: Av. Álvares Cabral, 1366, 9th floor — Lourdes; CEP 30170-001 — Belo Horizonte, MG
Tel: +55 (31) 3614-4231
Fax: +55 (31) 3348-5790

Vice-Consulate of Portugal in Belém

Vice-Consul: Maria Fernanda Granja Gonçalves Pinheiro
For more information, visit the website, or email: belem@mne.pt / vcportugalbelem@gmail.com
Or contact us at: Rua dos Mundurucus, 3100 — rooms 1202/1203, Metropolitan Tower Building; Zip Code 66040-033 — Belém, PA
Tel: +55 (91) 3241-6666
Emergency Cell Phone: +55 (91) 98899-1703

Honorary Consulate of Portugal in Manaus

Honorary Consul: António Humberto de Matos Figueiredo

consulado.portugal.am10@gmail.com
Rua Monsenhor Coutinho, 745 — Luso Sporting Club Building — Downtown
Zip Code 69010-110 — Manaus, AM
Tel: +55 (92) 3633-1577

Honorary Consulate of Portugal in São Luís

You can contact the Honorary Consul: Abraão Freitas Valinhas Júnior
consptslz@gmail.com
Jenipapos Street, Block 22, House 15 – Jardim São Francisco
Zip Code 65076-540 — São Luís, MA
Tel: +55 (98) 3235-4635

Vice-Consulate of Portugal in Curitiba

You can contact the Vice-Consul: Susana Pereira
curitiba@mne.pt
Visconde do Rio Branco Street, 1358, 20th floor, Centro
Zip Code 80420-210 — Curitiba, PR
Tel: +55 (41) 3233-4211
Emergency Phone Number: +55 (41) 3225-3061

Honorary Consulate of Portugal in Florianópolis

You can contact the Honorary Consul: André Lipp Pinto Bastos Luppi
consulptsc@gmail.com
Rodovia SC 401, No. 4756, Block 2, Office Park Condominium, Attic Floor, Saco Neighborhood
CEP 88032-005 — Florianópolis, SC
Tel: +55 (48) 3039-9999

Vice-Consulate of Portugal in Fortaleza

Vice-Consul: Ana Cristina Pedroso
fortaleza@mne.pt
Rua Vicente Linhares, No. 521, rooms 1601-1603 — Santana Business Building — Aldeota
Postal Code 60135-270 — Fortaleza, CE
Tel: +55 (85) 3261-7420
Emergency cell phone (for Portuguese citizens): +55 (85) 98126-4186

Vice-Consulate of Portugal in Porto Alegre

You can contact the Vice-Consul: Filipa Mendonça.
For more information, visit www.consuladoportugalportoalegre.com or email: portoalegre@mne.pt.
Or contact the address: Rua Prof. Annes Dias, 112, 10th floor; Zip Code 90020-090 — Porto Alegre, RS
Tel: +55 (51) 3061-5767

Vice-Consulate of Portugal in Recife

Vice-Consul: Marco Paulo Ferreira de Melo
recife@mne.pt
Engº Domingos Ferreira Ave., 4060, 6th floor — Blue Tower Building — Boa Viagem
Zip Code 51021-040 — Recife, PE
Tel: +55 (81) 3327-1514 / 3327-2073

Honorary Consulate of Portugal in Natal

In this case, you can contact the Honorary Consul: Francisco José Pereira Falcão Lamy
Rua Manuel Dantas, 433 — Petrópolis
Zip Code 59012-270 — Natal, RN
Tel/Fax: +55 (84) 3215-0809

If you’d like legal assistance from our team, send us a message on WhatsApp.

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The hiring of refugees by Brazilian companies

Eduardo Koetz — Wed, 17 Sep 2025 14:00:58 +0000

The hiring of refugees by Brazilian companies still raises many questions, even in a scenario in which refugees are increasingly entering the Brazilian job market.

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Refugees in Brazil

According to a report by the United Nations High Commissioner for Refugees (UNHCR), the number of refugees has grown exponentially in recent years. By the end of 2018, more than 70.8 million people had been displaced from countries due to persecution, conflict, or war. Of these, a small percentage (0.013%) chose Brazil as their new home.

Although this number is small, thousands of new people are entering Brazilian territory. And, indeed, these people need to integrate into Brazilian society and the job market. Brazil offers numerous opportunities and a vast territory, but there are still many questions about how to hire refugees, whether it is a bureaucratic process, and whether it is worthwhile.

Recruitment of Refugees and Brazil in the Global Compact for Migration

In 2018, the Global Compact on Migration was signed in Morocco to facilitate the integration of refugees into local labor markets. A total of 164 countries signed the pact, committing to cooperate with these immigrants in their countries.

Brazil initially signed the pact during the Temer administration. However, after President Bolsonaro took office, the government withdrew from it. This pact requires cooperation between the government and private companies to improve the situation. Now, with President Luiz Inácio Lula da Silva, the projections are favorable.

However, Brazil has several programs to assist refugees in the labor market. One of the programs is called the Refugee Relocation Support Program (PARR), as well as others that facilitate this communication. Furthermore, Brazil guarantees refugees all human and labor rights, allowing them to obtain a work permit and social security card, which allows them to work legally in the country.

Hiring Refugees: Expectations and Hiring Platforms

Due to cultural differences, there are always questions about refugees’ education, whether they know the language, or whether they will adapt to Brazilian work culture. However, data collected by PARR shows that over 50% of refugees have completed high school and 25.1% have attended university. This survey was conducted with a sample of 2,000 people.

There are specific platforms for hiring refugees, such as:

PARR;
Companies with Refugees;
Estou Refugiado;
Refugio Brasil;
UNHCR;
Among others.

How to hire refugees in Brazil?

Refugees wishing to work for a Brazilian company must obtain their National Foreigner Registry (RNE), which is equivalent to the General Registry for Brazilian citizens. The RNE is granted only to those who have been accepted and recognized as refugees.

It’s important to understand that not all applications are accepted by the Government. For example, in 2017, the government received over 33,000 applications, but only around 10,000 were recognized.

After obtaining the RNE, refugees must obtain a Foreigner Identity Card (CIE), CPF, CTPS, and some form of travel document. With these documents in hand, refugees can begin the hiring process at any Brazilian company. They will go through the same processes as Brazilian citizens, in which diplomas or certificates may be requested to ensure the accuracy of information, such as education or language level.

There’s no excessive bureaucracy, nor is there any difference between hiring a refugee and a normal individual in Brazil— despite what many believe there is.

What often happens is that refugees arrive in Brazil and don’t request the necessary documentation and end up in informal employment—often starting businesses in Brazil, but without the necessary documentation to legalize their status.

What are the advantages and disadvantages of hiring a refugee?

Hiring a refugee generates positive value for the company, as it is an inclusive approach that demonstrates good practices and social responsibility. Furthermore, as they seek a new life in a new place, they typically demonstrate a high level of motivation and effort within companies to demonstrate their capabilities.

Many of these immigrants have specialized training, postgraduate degrees, and speak other languages. Many are specialized professionals. In addition to cultural diversity, it enriches the work environment and promotes greater engagement among company employees.

With the economic openness that Brazil is beginning to experience, a foreigner can bring business opportunities with their country of origin and other countries with the same language. Brazilian companies previously had no access to due to the language barrier.

Usually, the disadvantage is more associated with the prejudice of people who fear that foreigners will “take” their job openings or that they are not professionally prepared because they live in underdeveloped countries, which is not true. Another point of contention is people’s lack of knowledge, believing the hiring process to be bureaucratic, when it’s quite the opposite.

If you have any questions about how to initiate the refugee visa process with the Federal Police or the hiring process, please contact one of our consultants. We are available to answer any questions you may have.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Jobs for foreigners in Brazil on the rise

Eduardo Koetz — Wed, 17 Sep 2025 14:00:19 +0000

Foreigners’ interest in working in Brazil is growing, and so are the opportunities, but what jobs are in demand for foreigners in the country? Actually, jobs for foreigners in the country are a new reality.

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The Profile of Foreigners in Brazil

A few years ago, Brazil used to attract only foreigners with executive profiles to fill high-level positions in multinational companies. However, over the years, this profile has changed. Currently, many qualified young people see Brazil as an opportunity for rapid growth and new experiences in smaller companies.

Many factors contributed to this change in profile, but one in particular was the period of crisis in European countries. The high employment rates in European countries fueled this change, especially where there are many qualified young people seeking opportunities.

How the job market for foreigners works in Brazil

Namely, jobs for foreigners in Brazil are ideally offered by a company interested in hiring them before their arrival in the country. This is necessary because the work permit application is submitted in the company’s name, and the foreigner’s stay is tied to the length of their contract. Therefore, it is ideal to find a job before moving to the country.

However, we know that this will apply more to certain types of migrants, as in the case of foreign refugees, asylum seekers, or those on humanitarian visas, their arrival in Brazil may occur before the job offer is made.

Job security is guaranteed by the Federal Constitution. Immigration Law No. 13,445 of 2017 governs the interests of foreigners. It states that:

“Art. 3. Brazilian immigration policy is governed by the following principles and guidelines:

(…)

IX – equal treatment and opportunity for migrants and their families;

X – social, labor, and productive inclusion of migrants through public policies;

XI – equal and free access for migrants to social services, programs, and benefits, public goods, education, legal assistance, employment, housing, banking services, and social security.”

Brazilian companies must have at least two-thirds of their workforce as Brazilian, according to Article 354 of the Consolidated Labor Laws (CLT). This means that only one-third of vacancies can be reserved for foreigners.

Therefore, within this framework, the Ministry of Labor requires that all hiring of foreign workers be justified. The priority will always be to hire Brazilians, therefore, any hiring of a foreigner must contain a plausible justification demonstrating the need for an agreement between the parties.

Is there a difference for MERCOSUR countries?

Yes, there is. Foreigners arriving through MERCOSUR countries have a more flexible procedure. The agreement grants:

“MERCOSUR nationals who obtain residency in another Member State are authorized to work under the same conditions as nationals of that State, and must comply with the specific regulations established by labor legislation. […] Mercosur agreements allow for the unification of contributions and payments made to Social Security by migrant workers for the purpose of obtaining social security benefits.”

Thus, the process becomes easier, as the bloc has policies that encourage this, such as the 2002 Agreement on “Residence for Nationals of MERCOSUR Member States.” This agreement guarantees family members the same civil, social, cultural, and economic rights and freedoms as citizens of the country.

Furthermore, there is also a 1997 multilateral agreement on Social Security that allows access to retirement benefits for workers who provide or have provided services in any of the member countries.

The countries participating in the agreement are: Argentina, Brazil, Paraguay, Uruguay, and Venezuela.

And what jobs for foreigners are in demand in Brazil?

Above all, there are opportunities in all employment niches, depending on the level of experience, especially for highly skilled workers. However, some positions offer more opportunities due to the shortage of these professionals in the local market and the high demand from industry.

During Brazil’s period of economic growth, Brazilian industry faced difficulties in hiring highly qualified professionals, especially in the areas of Engineering and Information Technology (IT). Therefore, it is common for Brazilian companies to seek foreign professionals for these types of positions. Currently, the professions most in demand for foreign workers are:

Mechanical Engineers for the automotive and aerospace industries;
Electrical Engineering for the energy and construction sectors;
IT Developers and Programmers for researching, developing, and writing code and instructions for software, applications, and websites;
IT Engineers and Analysts, as well as Telecommunications Engineers;
Civil Engineering Professionals, primarily specializing in geotechnics;
Network and Database (IT) professionals working in the design, development, and support of databases, networks, and operating systems;
Electronics Engineers working in the design, development, and manufacturing supervision of electronic products;
Mining and Petroleum Engineers specializing in the extraction of metals, minerals, oil, and natural gas.

As the demand for these professionals is extremely high in the Brazilian job market, the government has begun discussing the possibility of adopting specific policies to facilitate the immigration of these professionals. This would reduce bureaucracy and speed up hiring, bringing significant benefits to those involved.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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All about the Provisional National Migration Registration Document

Eduardo Koetz — Mon, 15 Sep 2025 14:00:07 +0000

The Provisional National Migration Registration Document is issued free of charge by the Federal Police and only to those who qualify as refugees in Brazil.

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What is the Provisional National Migration Registration Document?

Decree No. 9,277/2018 establishes the Provisional National Migration Registration Document (DPRNM) and the recognition of refugee status in Brazil. Therefore, this document is exclusively for foreigners who qualify as refugees and was established by the new Migration Law.

Who are considered refugees?

Foreigners can come to reside in Brazil in various situations. These include immigrants, asylum seekers, and refugees, but the provisional national migration registration document was enacted to meet the needs of refugees in Brazil. Refugees will be recognized as any individual who:

“I – due to well-founded fears of persecution for reasons of race, religion, nationality, social group, or political opinion, finds themselves outside their country of nationality and is unable or unwilling to avail themselves of the protection of that country;

II – not having nationality and being outside the country where they previously had their habitual residence, is unable or unwilling to return to it due to the circumstances described in the previous paragraph;

III – due to serious and widespread violations of human rights, is forced to leave their country of nationality to seek refuge in another country.”

Furthermore, these conditions are extended to spouses, ascendants, or descendants and other members of the family group who are economically dependent on the refugee — if they are also in national territory.

What is the purpose of the DPRNM?

The DPRNM does not replace international travel documents and is intended to:

I – Provide the asylum seeker’s identification document until the final decision of the case by the National Committee for Refugees (CONARE); and

II – Allow its holder to enjoy rights in Brazil, including:

Issuance of a provisional Employment and Social Security Card for paid employment in the country;
Opening a bank account with an institution within the national financial system;
Registration with the Ministry of Finance’s Individual Taxpayer Registry (CPF);
Access to guarantees and protective mechanisms and facilitation of social inclusion arising from the Convention relating to the Status of Refugees; and
Access to public services, especially those related to education, health, social security, and social assistance.

How do I obtain a Provisional National Migration Registration Document?

When an immigrant receives an asylum request, the Federal Police must issue a protocol in favor of the applicant and their family group—if applicable.

With the issuance of the protocol, the Federal Police can then issue a free document after meeting certain requirements.

Requirements for Issuance

The Provisional National Registration Document will only be issued with:

A protocol number issued by the Federal Police;
Biographical and biometric data;
Information stating that the holder:
Cannot be deported outside of legal circumstances; and
Is guaranteed the same rights as other immigrants legally residing in the country and will not receive discriminatory treatment of any kind.
Two-dimensional barcodes, in the QR Code format.

Loss of Validity of the Provisional National Migration Registration Document

The DPRNM can lose its validity in three different situations. First, if the Brazilian Government denies the asylum application.

The second scenario is if the asylum application is granted, thus granting the right to issue the National Migration Registration Card (CRNM). The third way for the DPRNM to lose its validity is through the dismissal or termination of the case without a ruling on its merits.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Venezuelans in Brazil: legalization, work and social security

Eduardo Koetz — Fri, 12 Sep 2025 14:00:13 +0000

Due to the economic and political crisis in Venezuela, many Venezuelans have migrated from the country to Brazil. It’s estimated that around 600 Venezuelans enter Brazilian territory daily.

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Venezuelan Migration in Brazil

Since late 2010, there has been an intense flow of Venezuelans entering Brazilian territory — primarily at the border, in the city of Roraima. The cause of this mass migration from Venezuela is the economic and political problems the state has been facing for some time.

The Brazilian government estimates that the country receives around 500 to 600 Venezuelan migrants per day. This significant number places Brazil among the 10 countries with the most Venezuelans in the world due to refugees. In 2017 alone, Venezuelans accounted for more than half of the number of asylum applications in the country.

Venezuelans in Brazil: Refugees or Migrants?

A large portion of the Venezuelan population crossing the Roraima border in search of new opportunities does so as refugees. Thus, when they enter Brazilian territory, they apply for asylum in Brazil and from that moment on, enjoy refugee benefits.

Among this population, many have a higher level of education than the average for the local population of Roraima — which can bring benefits to Brazil in terms of labor. However, one of the obstacles is the validation of diplomas and their integration into Brazilian society.

Despite this large number of asylum applications from Venezuelans, not all who cross into Brazil are actually refugees. According to official data from the Brazilian Government, there are more than 264,000 Venezuelan immigrants who have applied for immigration regularization in Brazil — whether for work, family reunification, or other types of residence permits.

The new Migration Law has brought significant flexibility for those seeking legal status in Brazil. There are many possibilities for those who want to live in Brazil, such as: work, study, marriage or children, in addition to dozens of other legalization options.

Humanitarian Visa for Venezuelans

To assist Venezuelan refugees in entering Brazil, the Brazilian Government authorized the issuance of humanitarian visas in 2017.

This guarantees Venezuelans a stay of up to two years in Brazil, with regular resident rights. Furthermore, another difference Brazil has introduced for applying for humanitarian visas for Venezuelans is that the process can be completed in Brazil and the required documentation is shorter — compared to humanitarian visas for Haitians and Syrians.

Job Opportunities for Venezuelans in Brazil

Due to massive immigration at the border, cities cannot accommodate such a large workforce, and immigrants cannot even move within Brazil due to a lack of resources. Therefore, the government, together with the United Nations Refugee Agency (UNHCR), created the Voluntary Relocation Program.

Since 2018, the government has been relocating Venezuelans from the border areas of northern Brazil to cities that offer better integration opportunities, such as São Paulo and Brasília. This program helps immigrants integrate into society by providing shelter and vocational training.

This makes entering the Brazilian job market easier, as UNHCR has local partners to offer job offers. Furthermore, UNHCR launched a website to facilitate the hiring of Venezuelans in Brazil, aiming to encourage Brazilian companies to hire immigrants.

What about social security?

Brazil and Venezuela do not have a bilateral agreement on social security. Therefore, Venezuelan refugees and immigrants start their social security life from scratch when they enter the Brazilian labor market.

Since there is no agreement, it is not possible to add together the years worked in both countries. Therefore, when a refugee or immigrant begins working legally in Brazil, they have the same rights as a Brazilian citizen and must comply with Brazilian social security rules.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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The profile of refugees in Brazil

Eduardo Koetz — Wed, 10 Sep 2025 14:00:10 +0000

According to a 2019 study by the UN Refugee Agency, most refugees in Brazil have a higher level of education than the average Brazilian population.

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Characteristics of Refugees in Brazil

A 2019 survey conducted by the UN Refugee Agency shows that the refugee profile in Brazil is young, aged 18 to 49, and largely male. Brazil currently has 105 registered refugee nationalities residing in the country, the majority of whom come from Syria.

Brazil has a vast geographic area and is composed of 26 states. However, the majority of refugees are distributed across eight states: São Paulo, Rio de Janeiro, Paraná, Rio Grande do Sul, the Federal District, Santa Catarina, Minas Gerais, and Amazonas. Many enter through the state of Roraima and move to other locations in search of opportunities.

Refugee Education Levels

An interesting point that many don’t know is that refugees demonstrate a higher level of education than the average for Brazilians. In some cases, even much higher, if we consider only the Black and Brown population.

However, refugees with diplomas have faced a problem when they arrive in Brazil: their university diplomas cannot be validated. This has hindered those who want to enter the job market in their former professions. Thus, they end up opting for other activities or starting their own businesses in the country.

Another important issue is the language barrier. Although there are Angolan immigrants — whose official language is Portuguese —many are from other countries where completely different languages are spoken. In any case, many refugees already come to the country with some command of Portuguese, but not enough to gain a good position in the Brazilian job market.

Housing and Household Expenses

The housing conditions of refugees reflect their socioeconomic situation. Due to economic hardships, they often choose to live in group homes or other types of shared housing. In other words, refugees rent rooms in hotels, guesthouses, or group homes in precarious areas of the urban centers of the cities where they live.

This information reflects their quality of life in the urban center. The majority of the survey sample reported a monthly household income of less than R$3,000.00.

Therefore, this is insufficient to cover recurring expenses depending on where they live — especially in cities with a higher cost of living. The solution they find is to work more hours or reduce food expenses.

Entering the Job Market

This same survey addresses the job market integration of refugees and shows that more than half are employed. However, 25% are still unemployed and seeking new opportunities.

This is a somewhat alarming percentage when considering the conditions these people face upon arrival in the country. Typically, when refugees flee their countries, they leave everything behind in their former homes.

This is a vulnerable population, leaving their countries in extremely fragile conditions. Being unemployed in a new country, without knowing anyone and without income, poses a problem for their integration into society. Therefore, there are several groups and organizations that aim to support refugees and help them with courses and qualifications.

Another interesting point is that of the employed refugees, few are working in Brazilian companies. Because they can’t easily find work in the country, they end up becoming entrepreneurs. In fact, entrepreneurship isn’t something many wants or seek, but a reality and a necessity to earn an income and survive in Brazil.

And, as mentioned, the biggest challenge in entering the job market in their professions is getting their university diploma validated. Very little manage to get it validated and continue their careers.

However, other obstacles also exist, such as: language barriers, being a foreigner, lack of resources to find work, lack of documentation, and racial prejudice.

Social Integration

The main difficulty refugees face in social integration is discrimination in the country. Foreigners, especially Black people, face prejudice from Brazilian citizens. This is still a reality within the country, even with a very culturally diverse population.

Despite this occasional discrimination, many refugees manage to form friendships in the country, and in some cases, romantic relationships. Since many arrive in Brazil without family, this is a very important aspect of adapting to a new place. Social environments help overcome emotional barriers and settle more easily.

Furthermore, according to the survey, many refugees did not consider Brazil as their first choice. However, after getting to know the country and the reality, they would still apply for asylum. Refugees enjoy living in Brazil and are confident in their future prospects. This is demonstrated by their desire to bring their family members to the country through family reunification processes.

Finally, despite all the difficulties of entering the job market, revalidating diplomas, and facing language barriers, refugees believe in their ability to adapt and advance socially in Brazil. It’s not the easiest option for them, and there’s still room for improvement in public policies and services, but it’s a viable and definitive option.

If you require legal assistance from our team, please send us a message on WhatsApp.

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What documents are required for a foreigner to work in Brazil?

Eduardo Koetz — Mon, 08 Sep 2025 14:00:08 +0000

Learn which documents are required for a foreigner to work legally in Brazil, whether they are immigrants, refugees, or asylum seekers.

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Foreign Work Permit in Brazil

Companies in Brazil interested in hiring foreign workers, whether permanent or temporary, must apply to the Ministry of Labor for a foreign work permit in Brazil. With this permit, the company must demonstrate the need for the foreigner’s qualifications for the activity being performed.

This process is completed electronically. A series of documents are required to be submitted throughout the process. The estimated response time from the Ministry of Labor is between 15 and 30 calendar days.

When reviewing the application, the compatibility between the qualifications and professional experience with the future activities performed at the company will be assessed, allowing the foreigner to work in Brazil. This proof is provided through diplomas, certificates, or statements from entities where the professional has worked.

Employment Contract between the Parties

The request for authorization to obtain a temporary visa will be analyzed by the Ministry of Labor upon presentation of an Employment Contract signed between the parties.

This employment contract must contain the minimum required clauses and be for a specified term. Furthermore, it must comply with the rules set forth in the Consolidation of Labor Laws (CLT).

Normative Resolution No. 2/2017 presents three employment contract templates with mandatory clauses in its appendices, assisting interested parties in the process.

Required Documents for Individuals

Residence Permit Application Form — signed by the individual or legal representative;
A valid travel document or other document proving your identity and nationality;
A document proving your parentage;
Identification document;
Proof of election or appointment of your legal representative, duly registered with the appropriate agency;
Indication or copy of the Individual Taxpayer Registry (CPF);
Power of attorney if the applicant is represented by a proxy;
Federal Tax Collection Form with proof of payment;
Criminal record clearance certificate or equivalent document issued by the competent judicial authority where the applicant has resided for the last five years;
Declaration under penalty of law, in the absence of a criminal record clearance certificate in any country.

Documents in a foreign language must be translated by a sworn public translator. They must then have a certificate, called a Hague Apostille, which will validate these translated documents. Generally, The Hague Apostille seal can be included on the document in the same places where signatures are authenticated — in Brazil, this can be done at notary offices, for example.

Documents Required for Legal Entities (Companies, etc.)

For foreigners working in Brazil, if a legal entity is involved, they must also include the same documents listed above. However, instead of the CPF (Individual Taxpayer Registry) and identification document, they must include the CNPJ (National Registry of Legal Entities) and the legal act governing the legal entity, respectively.

Documents in a foreign language must also be apostilled according to The Hague Apostille.

Residence Visa for Brazil

With the authorization for the foreigner to work in Brazil in hand, it’s time to apply for a residence visa. Visas are obtained at Brazilian Embassies or Consulates abroad. To apply, the following documents are required:

Passport valid for at least 6 months from the date of entry into Brazil;
Copy of the applicant’s birth certificate;
Signed visa application form;
A biometric photo measuring 3.5 x 4.5 cm: the photo must be pasted onto the form;
A criminal record certificate issued within the last 90 days;
It’s recommended that applicants obtain international health insurance;
Consular fees: may vary by country and region.

Foreigner’s Identity Card

Once a foreigner has their permanent or temporary visa approved, they must apply for their National Migration Registration Card (CRNM) at the Federal Police. The CRNM is the former National Foreigner Registry (RNE) and was replaced by the new Migration Law of 2017.

The National Migration Registration (RNM) is mandatory for those with a temporary visa. It’s important to note that the RNM is different from the CRNM, as the former is the numerical registration that allows the foreigner to be identified, while the latter is the physical identification document. Therefore, every CRNM contains the RNM number printed on it.

For foreigners to work in Brazil, they must apply for their RNM upon arrival in the country. The maximum application period is 90 days from arrival in Brazil. Not all Federal Police units offer this service, so it’s necessary to inquire in advance on the official website. Additionally, it is necessary to schedule an appointment through the website.

Once your appointment is scheduled, you must bring the following documents with you on the day:

A completed application form, available on the website;
Two recent 3×4 color photos with a white background;
Proof of contact details and email address;
Copy of proof of residence;
Document proving identity and nationality;
Birth or marriage certificate;
Original visa application/visa consultation form at the STI, as applicable;
Proof of payment of the fee, when applicable.

If you require legal assistance from our team, please send us a WhatsApp message.

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Refugee support services in Brazil: what are they and who is responsible?

Eduardo Koetz — Fri, 05 Sep 2025 14:00:34 +0000

Refugee support services in Brazil vary greatly by city or state. This article will help you find the information you need to seek assistance.

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Immigrant Records in Brazil and the Importance of Refugee Support Services

Starting in 2000, there was a strong wave of immigration to Brazil, driven by events in the global political and economic landscape, such as:

Political and economic crises, as well as climate change and catastrophes in Haiti;
Changes in China’s economy;
Strengthening ties with African countries;
Armed conflict in Syria;
Economic crisis in Venezuela.

These international factors triggered a massive migration of people — both immigrants and refugees — to other countries. One of the countries impacted by this scenario was Brazil, which between 2010 and 2018 received more than 500,000 immigrants and 116,400 asylum applications.

In this sense, Brazil’s positioning in the world and the restrictions imposed by European countries attracted more immigrants and refugees to Brazil. This way, they have the opportunity to achieve legal status and contribute significantly to a wide range of fields and businesses. This is the case for the thousands of Brazilians who wish to move abroad in search of conditions and lifestyles different from those here.

That’s why it’s so important to have support services for refugees, so they can integrate into society and feel safe in their chosen places.

Where do these immigrants go?

According to data from the Federal Police, immigrants and refugees are present in 3,876 of Brazil’s 5,568 municipalities. Most immigrants seek out cities like São Paulo, Rio de Janeiro, Boa Vista, and the Federal District. However, cities like Curitiba, Manaus, Macaé, Porto Alegre, and Florianópolis are also targets of the migratory flow.

Immigrants tend to go to these locations seeking the job opportunities they provide. Furthermore, they are also known for providing a better quality of life for their residents.

However, these cities sometimes have a large supply of labor, sometimes highly qualified, making it difficult for them to enter the job market. Another point to consider is that these cities often have a higher cost of living, depending on the region where they will reside.

Are municipalities prepared with support services for refugees?

The answer is no. According to research by the Brazilian Institute of Geography and Statistics (IBGE), only 5.5% of municipalities with immigrant and refugee populations offer support services for them. This means that only 215 cities offer any type of specific service for this population.

Although a law was published in May 2017 specifically for the reception of immigrants (Immigration Law), the implementation of this policy remains significantly weak.

Support services available in these municipalities include: public associations or collectives to mediate relationships with local public services, Portuguese language courses, multilingual services in public services, shelters for those without a home, referral and support centers, and professional training/qualification.

Information about refugee support services in Brazil

For immigrants to integrate into society and work under favorable conditions, they often require legal guidance, psychological assistance, or even childcare. To this end, organizations have been created to address various issues involving immigrant integration and protection, providing direct support services for refugees in Brazil.

The number and types of services offered to this population are still limited, considering the size of the territory, as immigrants live in different regions of Brazil. Therefore, it is necessary to create and strengthen other services.

There are several institutions that offer voluntary assistance services.

Among them are the Institute of Migration and Human Rights (IMDH), the Humanized Assistance Center for Migrants, the Humanitarian Center for Women’s Support (CHAME), among others.

Also listed are organizations in Brazil that address the issue of immigrants abroad.

But be careful, the organizations and entities listed in the link above, about the refugee support service in Brazil, are independent, that is, they are not officially linked to the Ministry of Foreign Affairs.

Immigrant Association: Why is it necessary?

According to the IBGE (Brazilian Institute of Geography and Statistics), the existence of an immigrant association has a significant impact on the integration of immigrants and refugees into society. A collective approach to liaising with government authorities is crucial. Unfortunately, of all the municipalities with immigrant populations, only 81 have an association to assist these individuals.

Furthermore, aside from refugee support services, these collective spaces and associations are important for exercising democracy within government bodies. Immigrants and refugees do not have the right to political participation, meaning they cannot vote or be voted for in elections.

One point that draws attention is the distribution of these collective assistance centers for immigrants and refugees, as most are concentrated in the South and Southeast regions of the country. Very few are located in the North and Northeast.

Among the cities with the largest immigrant population, São Paulo offers training and development for public servants focused on serving immigrants and refugees. Rio de Janeiro offers language courses and maintains relationships with local associations and groups. Brasília, on the other hand, offers only shelter and nothing more.

Whose responsibility is it to provide support?

The three branches of Government (Federal, State, and Municipal) are responsible for managing migration issues. Therefore, these branches must manage through mutual cooperation mechanisms. In this case, the Federal branch is responsible for entry and exit, the regularization and regulation of migrants and refugees, and international cooperation.

The State and Municipal branches must offer services to individuals, such as language instruction, housing, and opportunities for job creation and income generation. However, these services must be aligned with federal government policies and support.

One of the most basic services a municipality can offer, such as Portuguese language courses, is still scarce in localities. Only 48 municipalities offer this option for immigrants and refugees — a very small number considering the real need. This is one of the challenges currently facing the government, as well as individuals who choose Brazil as their home.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Political asylum: what is it, what are the types and how to apply?

Eduardo Koetz — Wed, 03 Sep 2025 14:00:27 +0000

Political asylum is a highly relevant topic on the international stage, especially in times of political instability, persecution, and human rights violations in several countries. Many people find themselves forced to leave their home countries in search of protection and safety in other nations. But do you know exactly what political asylum is, who is entitled to it, and how the application process works? Furthermore, what is the difference between a refugee, an immigrant, and an asylum seeker? Do you know?

In this article, I explain all the details about this important institution of International Law and hope to answer your questions, especially if you are considering leaving your home country. Stay tuned!

If you would like legal assistance from our team, please send us a message on WhatsApp.

What is political asylum?

Political asylum is a form of protection granted by a state to foreigners persecuted in their country of origin for political, ideological, religious, ethnic, or human rights-related reasons.

In other words, it is a humanitarian measure that allows the applicant the possibility of remaining in another country with legal protection, preventing extradition or deportation.

Most people at risk are seeking a new home in another country and need to be assured that they will be welcomed and protected.

What is the concept of political asylum?

According to international law, the concept of political asylum refers to the act by which a state offers protection to a foreigner persecuted for political or ideological reasons. Or for engaging in activities that contradict the authorities of their country of origin.

This protection can be granted within the state’s territory (territorial asylum) or at its diplomatic missions, such as embassies and consulates (diplomatic asylum).

Asylum is based on international treaties, such as the Universal Declaration of Human Rights (Art. 14) and the 1954 Caracas Convention for the American countries.

What is the difference between a refugee, an immigrant, and an asylum seeker?

It’s common to confuse the concepts of refugee, immigrant, and asylum seeker, but each status has specific characteristics and legal implications. Understand the differences and which category you might fall into:

Refugee: A person who flees their country of origin due to political, religious, or ethnic persecution, or widespread armed conflict, and seeks protection in another country;
Immigrant: A person who moves to another country voluntarily, usually for economic, family, or educational reasons, without necessarily experiencing persecution;
Political asylum seeker: A foreigner who seeks protection from another country due to direct political persecution, and is formally granted asylum.

Although similar, these situations have different procedures, rights, and legal restrictions.

What are the types of asylum?

According to international law, two main types of asylum are recognized:

Territorial asylum: Granted when the individual is already within the territory of the country offering protection. In this case, the person can legally remain in the country of asylum, that is, the one that received them;
Diplomatic asylum: Granted when the person seeks refuge in a foreign embassy or consulate, located in their country of origin, while awaiting negotiations for their departure and transfer to the host country.

Some countries only grant territorial asylum, while others, such as Brazil and Latin American nations, also recognize diplomatic asylum, as provided for in the 1954 Caracas Convention.

If you would like legal assistance from our team, please send us a message on WhatsApp.

Who is entitled to political asylum?

In general, those entitled to political asylum are anyone who is persecuted for:

Political or ideological views;
Activities opposing authoritarian regimes;
Defense of human rights and civil liberties;
Religious beliefs or ethnic origin, when associated with political persecution.

Granting asylum depends on a careful analysis of the allegations presented by the applicant and proof of imminent risk to their physical integrity, freedom, or life in the country of origin.

How does political asylum work?

Political asylum functions as legal protection offered by a sovereign state, which undertakes not to extradite or deport the asylum seeker back to the country where they are facing persecution.

Once the asylum application is accepted:

The asylum seeker gains the right to reside in the country;
Can obtain an identity document and, in some cases, authorization to work;
Receives protection against political persecution and the risk of extradition.

The procedure for granting asylum varies according to each country’s legislation, but generally involves submitting a formal application, reviewing documentation, and an interview with immigration authorities.

Political asylum: how to apply?

The political asylum application process can generally be requested in two ways:

Within the foreign country: the applicant must contact immigration authorities and formalize the request, presenting documents and stating the reasons for the persecution;
At a foreign embassy or consulate in the country of origin: when it is not possible to leave the country, the individual can seek diplomatic protection.

In Brazil, the request must be made to the Federal Police or the Brazilian embassy abroad, submitting:

Identity document;
Written statement of the reasons for persecution;
Proof of threat to integrity or freedom;
Declaration of impossibility of returning to the country of origin.

The process is confidential and reviewed by the Ministry of Justice and Public Security, which decides whether to grant the request.

Key Examples of Political Asylum

Dalai Lama

Tibet’s spiritual leader, the Dalai Lama, sought political asylum in India in 1959 after a failed uprising against the Chinese government. Since then, he has lived in exile in India, continuing his peaceful struggle for Tibetan autonomy.

Julian Assange

WikiLeaks founder Julian Assange faced accusations of espionage and sexual abuse, as well as persecution for leaking classified US documents. In 2012, Assange was granted asylum in the Ecuadorian embassy in London, where he remained for seven years.

Edward Snowden

Former NSA analyst Edward Snowden exposed the US global surveillance system and sought political asylum to avoid extradition. Initially sheltered in Russia, Snowden remains in the country under humanitarian protection.

Political Asylum Case in Brazil

Cesare Battisti:

The case of Cesare Battisti, a former member of an Italian armed group, became notorious in Brazil. Convicted in Italy of political homicides, Battisti was granted political asylum in Brazil in 2009, citing political persecution. Years later, his status was revoked, and he was extradited in 2019.

Conclusion

Political asylum is a fundamental tool for international protection against persecution and authoritarian regimes. Despite its political and diplomatic implications, it represents the defense of human rights and individual freedom.

Understanding the concept, types, and rules for granting it is essential for those involved in migration issues or seeking protection outside their country. Now you know the difference between a refugee, an immigrant, and an asylum seeker and can make informed decisions if necessary.

If you require legal assistance from our team, please send us a message on WhatsApp.

The post Political asylum: what is it, what are the types and how to apply? appeared first on Koetz International and Succession.

5 requirements for an employment contract: What are they and what are the types?

Eduardo Koetz — Mon, 01 Sep 2025 14:00:14 +0000

The employment contract is the legal basis that formalizes the relationship between employer and employee, establishing rights and obligations for both parties. In Brazil, this relationship is primarily regulated by the Consolidation of Labor Laws (CLT) and complementary legislation. Understanding the essential requirements for the validity of an employment contract, as well as the different types that exist, is crucial for both employers and employees.

In this text, I will explain in detail the three basic requirements for the existence of an employment contract, the five requirements that characterize an employment relationship, and the various types of contracts provided for in Brazilian law.

If you would like legal assistance from our team, please send us a message on WhatsApp.

What are the three requirements for an employment contract?

Before discussing the employment relationship itself, it is important to highlight the three essential requirements for the validity of any contract, including employment:

Capable parties: the employment contract must be signed between people who have legal capacity, that is, who can exercise rights and incur obligations. In the case of an employee, full capacity occurs at age 18, but the law allows work from age 16 (or from 14, as an apprentice);
Lawful, possible, and determined purpose: the contract must have as its objective an activity that is not prohibited by law, that can be performed, and that is clearly defined;
Form prescribed or not defended by law: this means that the contract must comply with the form required by law. In the case of an employment contract, the CLT allows it to be concluded verbally or in writing, depending on the type.

With these three requirements met, the employment contract is considered valid from a legal perspective. However, to establish an employment relationship (which generates rights provided for in the CLT), it is necessary to comply with five more specific requirements, which we will address below.

What are the 5 requirements of an employment relationship?

An employment relationship is a specific legal bond, which is only characterized by the presence of five fundamental elements, provided for in the Consolidation of Labor Laws (CLT) and recognized by Brazilian labor law. These are:

Non-eventuality

The provision of services must be habitual and continuous. This means that the worker performs their activities frequently, within a defined working day, and not sporadically.

For example, a professional who works every week for the same employer is considered non-eventual, while someone who provides services only once, in isolation, does not meet this requirement.

Subordination

This refers to the worker’s subjection to the employer’s orders, guidelines, and commands. The employer determines how, when, and where the service will be performed, establishing rules and controlling the work activity.

Subordination is manifested by the existence of a hierarchy and disciplinary power. Self-employed professionals, for example, are not subordinates because they perform their duties independently.

Onerousness

Work must be provided for remuneration. That is, the worker provides services and, in return, receives a salary or other previously stipulated form of payment.

If there is no payment, there is no employment relationship, and it may be considered, at most, voluntary work, which must meet the specific requirements of Law No. 9.608/1998.

Personality

The employment contract involves an individual who personally provides the service. This means that the employee cannot arrange for another person to replace him or herself without the employer’s consent.

Personality is a characteristic that distinguishes the employment relationship from other forms of service provision, such as contracts with legal entities.

Alterity

This requirement means that the risks of the economic activity are assumed by the employer. The employee is not liable for any losses arising from the performance of his or her work, except in cases of willful misconduct or gross negligence.

Alterity reflects the principle that the employer bears the risks of the business, including those related to maintaining the employment relationship.

What are the types of employment contracts?

Brazilian law provides for different types of employment contracts, adapted to various situations and market needs. Below, we explain the main ones:

Indefinite-Term Employment Contract

This is the most common type and is recommended by the Consolidation of Labor Laws (CLT). There is no set end date for the contract, and it can be terminated only at the will of the parties or for reasons established by law.

This model guarantees greater stability and access to all labor rights provided for in the Consolidation of Labor Laws (CLT).

Fixed-Term Employment Contract

In this case, the contract has a start and end date. It can only be used in specific situations, such as:

Services whose nature or transience justifies a predetermined term;
Temporary business activities;
Hiring an employee on a probationary period.

The maximum term is two years and can be renewed only once.

Temporary Employment Contract

Governed by Law No. 6,019/1974, it is executed through a temporary employment agency. It serves to replace regular staff or meet exceptional service requirements.

The duration is limited to 180 days, extendable for an additional 90.

Casual Employment Contract

This occurs when a person provides sporadic services, without regularity and without direct subordination. There is no employment relationship or obligation of continuity.

An example is freelancers or workers hired for specific events.

Intermittent Employment Contract

Introduced by the Labor Reform (Law No. 13,467/2017), it allows the worker to be called to work only during specific periods, receiving payment proportionally for the days or hours worked.

The employer must call the worker at least three days in advance.

Part-time employment contract

Regulated by the Labor Code (CLT), this contract is intended for employees whose workweek does not exceed 30 hours without the possibility of overtime, or 26 hours with up to 6 hours of overtime per week.

It is widely used in businesses and service sectors.

Does an employment contract replace a formal employment contract?

No. An employment contract is an instrument that defines the terms of the employment relationship between the parties. Recording this information in the Employment and Social Security Card (CTPS) is a legal obligation of the employer.

According to Article 29 of the Consolidation of Labor Laws (CLT), the company has up to five business days to record this information in the CTPS after hiring. An employment contract may be verbal or written, but failure to record this information in the card constitutes a violation and gives the employee the right to seek judicial recognition of the employment relationship.

What types of employment contracts do not create an employment relationship?

Some service contracts do not constitute an employment relationship, precisely because they do not meet the five requirements of an employment relationship. These include:

Independent service contract: when the professional works independently and without subordination;
Legal entity contract: when the employee is a partner in a company and provides services as a legal entity;
Voluntary work: if the contract is non-profit and formalized in accordance with specific legislation.

What constitutes an employment relationship?

The absence of any of the five essential requirements constitutes an employment relationship. Situations such as:

Provision of sporadic, non-regular services;
Work without hierarchical subordination;
Work performed without pay;
Possibility of replacement by another person (without personal relationship);
Assumption of risks by the employee, instead of the employer.

When these elements are absent, there is no employment relationship, but rather another legal relationship, such as the provision of services or a commercial partnership.

Conclusion

The employment contract is a fundamental instrument for establishing legal security in professional relationships, guaranteeing rights and obligations for both parties. Understanding the three requirements for the validity of any contract, the five elements of the employment relationship, and the different modalities provided for in the Consolidation of Labor Laws (CLT) is essential for employers, employees, and legal professionals.

Each type of contract has its own specificities regarding term, compensation, rights, and formalities. Furthermore, it is important to differentiate between situations that constitute an employment relationship and those that do not.

The proper formalization and management of employment contracts contributes to harmonious labor relations and the prevention of legal disputes, in addition to ensuring labor rights under Brazilian law.

If you require legal assistance from our team, please send us a message on WhatsApp.

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What is the deadline for contract termination and how do I formalize it?

Eduardo Koetz — Fri, 29 Aug 2025 14:00:21 +0000

The formalization of business transactions and agreements is an essential part of civil and business relationships. However, a contract does not always continue until its natural end. For various reasons, parties may choose to terminate the contract early, a situation in which a termination agreement applies. But after all, what is the deadline for contract termination? How can I properly formalize this decision?

In this article, I will explain in detail the concept of termination, its types, deadlines, formalization, and the differences in relation to contract termination, in addition to presenting the provisions of the new Termination Law.

If you require legal assistance from our team, please send us a message on WhatsApp.

What is a contract termination?

A termination is a bilateral legal act that consensually terminates a contract, that is, with the willing agreement of all parties involved. Also called contract termination by mutual consent, a termination nullifies the effects of a previously signed contract, establishing the conditions and consequences of such termination.

According to Article 472 of the Brazilian Civil Code: “The termination shall be made in the same manner required for the contract.” This means that if the original contract was in writing and notarized, for example, the termination must follow the same format.

This requirement guarantees legal certainty for the parties and allows pending obligations or amounts due to be properly formalized.

How does a contract termination work?

A termination occurs when all parties involved in the contract mutually agree to terminate it before the initially established term, or before the completion of its purpose. This document defines the terms and conditions of the termination, including:

Reasons for the termination;
Legal and financial consequences;
Possible penalties;
Refunds or compensation of amounts;
Conditions for the termination of obligations.

A termination allows both parties to formalize the rights and obligations resulting from this termination, avoiding future conflicts and ensuring transparency.

How important is a contract termination?

A termination is essential to ensure legal certainty and avoid legal disputes. By documenting the mutual will to terminate and the agreed terms, the parties protect themselves from undue charges or liabilities in the future.

Furthermore, a termination allows for:

Tax and accounting regularization, especially in business contracts;
Defining compensation or fines;
Setting deadlines for vacating properties or returning assets;
Preventing lawsuits arising from differing interpretations of the contract’s termination date.

In real estate transactions, for example, a termination formalizes the return of amounts paid, with or without withholding fees, in accordance with the new Termination Law, regulated by Law No. 13,786/2018.

What are the types of termination?

There are different forms of termination, which vary depending on the nature of the contract and the circumstances of its termination. The main types are:

Bilateral termination: when both parties agree to terminate the contract amicably;
Unilateral termination (unilateral termination): permitted only in contracts where the law or the contract itself provides for this possibility, such as employment relationships or the provision of ongoing services;
Partial termination: when the parties agree to terminate only certain clauses or obligations, keeping the remainder of the contract in force;
Judicial termination: occurs when one of the parties requests termination through a court order, usually due to noncompliance with contractual clauses.

Bilateral Termination

The most common type of termination occurs when the parties agree to terminate the contract and establish conditions for its termination.

Unilateral Termination

More restrictive, this is only possible when there is an express clause in the contract or a legal provision. Example: a service provision contract with the possibility of termination with prior notice.

Partial Termination

Allows for specific adjustments, such as the cancellation of an ancillary obligation, without completely terminating the contract.

Judicial Termination

Requested in court when there is a conflict, noncompliance, or impossibility of amicable resolution.

What is the deadline for canceling a contract?

Brazilian law does not establish a specific deadline for formalizing a contract termination. The deadline depends on the nature of the contract and the conditions stipulated by the parties. Some common situations:

Contractual term: the contract itself may provide conditions and deadlines for termination or cancellation;
Notice period: service contracts may require 30 days’ notice, unless otherwise agreed;
Legal term: in real estate contracts, Law No. 13,786/2018 establishes specific rules for canceling the purchase of off-plan properties.

In the absence of a legal or contractual deadline, it is recommended that the termination be formalized as soon as the parties decide to terminate the contract, in order to avoid the risk of collections or enforcement of subsequent obligations.

How to formalize a contract termination?

The termination should be formalized using the same format as the original contract. If the contract was verbal, the termination may be verbal, although it’s always ideal to reduce it to writing.

If the contract was formalized in writing, it is recommended to prepare a contract termination instrument containing:
Complete identification of the parties;
Reference to the original contract (date, purpose, and number, if applicable);
Declaration of mutual agreement for termination;
Stipulation of financial consequences, fines, and refunds;
Date and signatures of the parties and witnesses, if possible.

For contracts registered with a notary public, it is advisable to notarize the signatures and file the document with the notary public or commercial board, as applicable.

How to terminate a contract?

The procedure for drafting a contract termination involves several essential steps:

Analysis of the original contract: check termination clauses and penalties;
Negotiation between the parties: define terms, compensation, and refunds;
Preparation of the termination instrument: draft clear and complete clauses;
Signature of the parties: preferably with witnesses;
Notarization (optional, but recommended);
Filing the document: with a notary or commercial registry, if necessary.

Contract Termination Template

Here is a simplified example of a contract termination:

PRIVATE CONTRACT TERMINATION INSTRUMENT

By this instrument, [NAME OF PARTY A], registered with CPF/CNPJ no. [number], and [NAME OF PARTY B], registered with CPF/CNPJ no. [number], resolve, by mutual agreement, to terminate the service provision contract signed on [date], regarding [subject of contract], under the following conditions:

The parties declare their contractual obligations terminated;
It is agreed that [Party A] will pay [Party B] the amount of R$ [amount] as compensation;
The parties waive any rights, claims, or legal actions related to the terminated contract.

And in agreement and agreement, they sign this instrument in [number] copies of equal content and form.

[Place], [Date]

Signatures:

Party A

Party B

Witnesses:
Name: __________________ CPF: ______________
Name: __________________ CPF: ______________

What does the new Termination Law say?

Law No. 13,786/2018, known as the Termination Law, specifically regulates the termination of purchase and sale contracts for off-plan properties. Key points include:

The possibility of retaining up to 25% of the amount paid by the buyer in the event of cancellation;
Maximum terms for refunds, which vary between 30 and 180 days after the termination;
Requirement for a specific termination clause in the contract;
Greater protection for construction and development companies in the event of cancellations.

Although limited to the real estate sector, the Law brought greater legal certainty and transparency by defining percentages and deadlines for refunds.

What is the difference between contract termination and rescission?

Although used interchangeably, there is a technical difference:

Termination: consensual termination, by mutual agreement;
Rescission: unilateral termination of noncompliance, which may occur judicially or through extrajudicial notification.

In short, termination is amicable, while termination may be motivated by non-performance, inability to perform, or a unilateral decision.

Conclusion

Contract termination is an indispensable tool for terminating contracts in an orderly and legal manner. Whatever the reason, formalizing the termination ensures legal certainty, prevents litigation, and ensures the rights and obligations of all parties involved. Adhering to the deadlines and forms of termination, as provided in the original contract or applicable legislation, is essential to avoid future problems.

Whenever possible, seek specialized legal advice to analyze the contractual clauses and advise on the best way to draft and formalize the termination, especially in real estate, service provision, or corporate contracts.

If you require legal assistance from our team, please send us a message on WhatsApp.

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What would be a social contract and why is it important to have one?

Eduardo Koetz — Fri, 22 Aug 2025 14:00:33 +0000

For anyone deciding to open a business in Brazil, formalizing the company is an essential step. The first essential document is the social contract, which serve as the birth certificate of any business. It defines the partners, how the company will operate, and its operating rules. But what exactly is a social contract? Why are they important? What information do they need to contain? And how do you register them?

In this article, you’ll learn in detail about the concept, structure, and procedure for preparing and registering this fundamental document.

If you require legal assistance from our team, please send us a WhatsApp message.

What is a company’s social contract?

The social contract is the legal document that formalizes the constitution of a company and establishes the rules governing its activities. They define the partners, their stakes, decision-making powers, profit sharing, and the company’s management rules.

It’s a contractual instrument entered into between two or more individuals (individuals or legal entities) who wish to engage in organized economic activity, establishing a business corporation.

This document also determines the company’s corporate purpose (business activity), the headquarters address, the share capital, and the criteria for partner entry or exit.

What is a company’s social contract?

A company’social contract is the constitutive document that gives legal origin to the legal entity. They have legal value before third parties, financial institutions, public agencies, and regulatory bodies, and are essential for opening a bank account, issuing invoices, and obtaining licenses.

In the case of limited liability companies (LTDA), for example, the articles of association specify:

The partners and their shares;
The rules for profit distribution;
The powers of management;
The initial share capital and future changes.
Without this document, the company lacks legal personality and is restricted to informality.

How important is a social contract?

This document is essential for defining the company’s legal foundations and ensuring security for partners and operations. It serves as a charter of rules that prevents internal conflicts and organizes the corporate structure.

Main functions:

Formalize the company’s constitution;
Define the rights and duties of partners;
Establish management and administrative rules;
Regulate the entry and exit of partners;
Define the division of profits and capital;
Protect the company against legal risks.

Without a clear and well-drafted articles of association, disagreements between partners can lead to complex litigation and financial losses.

Is the social contract mandatory?

They are required for registering business corporations with the Commercial Boards of Brazilian states. Without them, the company cannot obtain formal registration and, consequently, cannot apply for a CNPJ (National Registry of Legal Entities) with the Federal Revenue Service or operate legally.

Companies operating without articles of incorporation are considered irregular, making them unable to issue invoices, open business bank accounts, or obtain financing.

What are the types of social contracts?

There are different models of this type of document, depending on the company’s corporate structure and the rules established by the partners.

Most common types:

Articles of Association of Limited Liability Companies (LTDA): the most commonly used in Brazil, where the partners’ liability is limited to the value of their shares;
Articles of Association of Public Limited Liability Companies (S/A): a document governing companies whose capital is divided into shares, not quotas;
Articles of Association of Limited Liability Companies (EIRELI): a document discontinued in 2021, but still applicable to companies established before that date;
Individual Business Owner Application: a simple instrument of association used by individual business owners.

Each type has specific rules and formalities for registration, administration, and share capital.

What’s the difference between the social contract and the CNPJ card?

Although they are related documents, they are not the same thing:

Social contract: define the company’s structure, partners, activities, and rules;
CNPJ Card: is the company’s tax registration with the Federal Revenue Service, containing information such as corporate name, CNPJ number, address, and registration status.

In other words, the articles of incorporation establish the company, and the CNPJ card allows for its tax activities.

How do I register a social contract of incorporation?

For a company to be considered legally existing, it is necessary to register the document with the Board of Trade of the state where the company will be headquartered.

Steps for registration:

Prepare the document with all required information;
Have the contract signed by all partners and witnesses;
File the registration with the Board of Trade;
Pay the registration fees;
Wait for approval and approval of the registration;
After approval, apply for CNPJ registration with the Federal Revenue Service.

What information should a social contract of association contain?

To be accepted by the Board of Trade, the document must contain mandatory information, such as:

Business name (corporate name);
Full address of headquarters;
Corporate purpose (principal and secondary activities);
Share capital and its division among partners;
Full information about the partners (name, CPF/CNPJ, address);
Form of management and powers of the directors;
Rules for the entry and exit of partners;
Rules for the dissolution and liquidation of the company;
Forum clause (venue for dispute resolution).

Sample Social Contract

Below is a simplified model:

LIMITED LIABILITY COMPANY ARTICLES OF ASSOCIATION

Business Name: ABC Comércio de Alimentos LTDA
Address: Rua das Palmeiras, 100, Centro, Belo Horizonte, Minas Gerais
Business Purpose: Retail trade of food and beverages.
Share Capital: R$100,000.00 (one hundred thousand reais)
Share Division:

João Silva: 60%;
Maria Souza: 40%.

Management Clause: João Silva will manage the company.
Profit Distribution Clause: Proportional to the shareholding.

And in agreement, they hereby execute this instrument in two copies of equal content.

How can I check the social contract using the CNPJ (Brazilian Taxpayer Registry) number?

A company’s articles of incorporation are public and can be consulted at the Commercial Registry of the state where the company is registered. To do so:

Access the Commercial Registry website;
Search for the search option or simplified certificate;
Enter the CNPJ number or company name;
Request the certificate or copy of the articles of incorporation.

At the Federal Revenue Service, you can check the company’s registration data, but not directly access it.

How to obtain a copy of a company’s social contract?

If you need to obtain a copy of this document from a company, there are several ways:

Tip 1: Request it from the Commercial Registry

Go to or visit the website of the Commercial Registry where the company is registered and request a copy. There may be a fee and authentication required.

Tip 2: Request it from the accountant or legal representative

For active companies, the articles of incorporation are usually kept by the accountant or administrator. Request it directly from the person responsible for managing the company.

Tip 3: Consult the business owner or partner

If you are a partner or have authorization, request it directly from the person managing the company.

Conclusion

The social contract is the most important document in formalizing a company. They establish who the partners are, what the business will be, how management and profit sharing will be handled, and they also ensure legal certainty and prevent future conflicts.

This is a mandatory document for limited liability companies and must be registered with the Board of Trade. Once registered, the company can obtain its CNPJ (National Registry of Legal Entities), open a bank account, issue invoices, and operate legally.

Understanding the content and formalities of this document is essential for any entrepreneur who wants to start a business with security, transparency, and professionalism.

If you are opening a company, seeking guidance from a specialized lawyer or accountant can avoid problems and ensure that the articles of association are complete, up-to-date, and in compliance with legal requirements.

If you require legal assistance from our team, please send us a message on WhatsApp.

The post What would be a social contract and why is it important to have one? appeared first on Koetz International and Succession.

Articles of association or business application: what’s the difference?

Eduardo Koetz — Wed, 20 Aug 2025 14:00:25 +0000

When someone decides to start a business in Brazil and formalize their business, one of the first questions that arises is which document to use to legalize their business activity: a company by law or a business application. Although both are instruments for registering companies, they have important differences regarding their legal nature, the type of company they represent, and the form of incorporation. Today, you will learn about articles of association or business application.

In this article, we will explain in detail what each of these documents is, who issues them, when they should be used, and whether one can replace the other. If you are in the process of opening your business or want to better understand how these formalities work in Brazil, continue reading.

If you would like legal assistance from our team, please send us a message on WhatsApp.

What is the difference between a company’s articles of incorporation and a business application?

The main difference between a company’s articles of incorporation and a business application lies in the company’s legal form and the number of partners involved.

The articles of incorporation are the constitutive document used to formalize companies with two or more partners, such as limited liability companies (LTDA), corporations (S/A), and others. It establishes the company’s operating rules, defines the partners’ identities, their shareholdings in the capital stock, how the company will be managed, and how profits and losses will be shared.

The business application is a document exclusively for sole proprietors—that is, those who carry out economic activities in their own name, without partners. It formalizes the business owner’s registration with the Board of Trade, creating the legal status necessary to obtain a CNPJ (National Register of Legal Entities) and legalize commercial activities.

Summary of differences:

Articles of Incorporation	Sole Proprietorship Registration Form
Used by companies with two or more partners	Used by a sole proprietor
Defines rules of partnership and partners’ ownership interests	Formalizes the operation of a business without partners
Complex document with several clauses	Simple, standard document
Allows capital to be divided among partners	Capital contributed entirely by the sole proprietor
Mandatory registration with the Board of Trade	Mandatory registration with the Board of Trade

Therefore, the choice between the articles of incorporation and the sole proprietorship application depends directly on the type of corporate structure desired.

Who issues the articles of incorporation and the sole proprietorship application?

Both documents must be prepared and signed by the interested party(ies) and filed with the Commercial Registry of the state where the company will be headquartered. This state agency officially registers and grants legal existence to the company.

Articles of Association

The articles of association must be drafted by the founding partners themselves or by a lawyer, if required by local law or the complexity of the company. After drafting, they are registered with the Board of Trade, upon payment of the corresponding fees.

In general, the articles of association must contain:

Business name;
Headquarters address;
Corporate purpose (activity to be carried out);
Share capital;
Division of shares among partners;
Management rules;
Definition of management powers;
Profit distribution and dispute resolution clauses.

After approval by the Board of Trade, the company acquires legal personality and can apply for a CNPJ (National Registry of Legal Entities) with the Federal Revenue Service.

Business Application

The business application is a standard form provided by the Board of Trade itself. The business owner fills out their personal information, company address, share capital, and description of the economic activity. Once completed and signed, the document is also filed with the Board of Trade for registration.

Unlike the articles of association, the entrepreneur’s application does not contain contractual clauses, since there is no corporate relationship or division of capital between partners.

When to use an article of association and when to use a business application?

The definition of the appropriate document depends on the business structure:

If there are two or more partners: formalization must be done through an article of association. This is because it is necessary to establish the rules of coexistence and division of responsibilities among the partners, in addition to defining the share capital and management rules;
If the entrepreneur is going to operate alone: they must use the business application. This document is useful for those who wish to open a business as a sole proprietor, assuming full rights and obligations of the business.
It is worth remembering that, although it is currently possible to open a sole proprietorship (EIRELI)—which was abolished by Law No. 14,195/2021—previous registrations remain valid. Currently, the alternative for sole proprietors who wish to limit their asset liability is the Single-Member Limited Liability Company (SLU), which already requires an article of association, even with only one partner.

Examples of when to use each document:

Articles of Incorporation:

Retail business with two partners.
Consulting firm with three partners.
Technology company with investor participation.

Business Application:

Clothing store opened by a single entrepreneur;
Independent service provider who decides to formalize their business;
Small family business operated by only one person.

Does a business application replace a company’s articles of association?

No. A business application does not replace a company’s articles of association, as they serve different purposes.

A business application is used only by individuals who operate as sole proprietors. In this format, the business owner is responsible for the company’s debts and obligations with their personal assets, as there is no legal separation between the individual’s assets and those of the business.

A company’s articles of association are essential for any business, even when there is only one partner, in the case of single-member limited liability companies (SLU). They regulate the company’s activities, protect the rights of its partners, and establish the rules of the business relationship.

Therefore, the two instruments should not be confused: one does not replace the other when used in different legal and business contexts.

Conclusion

Understanding the difference between the articles of incorporation and the business application is essential for anyone wishing to start a business in Brazil and properly formalize their business. Choosing the appropriate document ensures legal certainty, avoids tax issues, and protects the entrepreneur from future litigation and conflicts.

In short:

Use the articles of incorporation if you have two or more partners, or if you opt for a Single-Member Limited Liability Company (SLU);
Use the business application if you operate as a sole proprietor, with no partners, assuming full responsibility for the business’s obligations.
Both documents must be registered with the Board of Trade and are essential for obtaining a CNPJ (National Registry of Legal Entities), issuing invoices, and legally operating your business.

If you’re unsure about which model to adopt or how to properly prepare the document, it’s recommended to seek the support of a lawyer or accountant specializing in business law. This will ensure the registration process is secure and in compliance with legal requirements.

If you’re planning to open a business, now you know which path to take to formalize your business. Take the opportunity to learn about the types of companies and tax regimes available in Brazil, ensuring your choice is the most appropriate for your project.

If you would like legal assistance from our team, please send us a WhatsApp message.

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Partnership agreement: what it is, how it works and how to make it

Eduardo Koetz — Mon, 18 Aug 2025 14:00:12 +0000

Starting a business in partnership can be a very rewarding, but also challenging, experience. In addition to pooling efforts and resources to bring an idea to fruition, partners need to establish clear rules for managing the company, sharing profits, responsibilities, and, most importantly, for dealing with potential conflicts. It’s in this context that the partnership agreement emerges: a fundamental legal instrument for ensuring security and harmony in the business relationship.

In this article, you will understand what a partnership agreement is, how it works, how it differs from a by law, how to draft this type of agreement, and you will also see a basic template for reference.

If you would like legal assistance from our team, please send us a message on WhatsApp.

What is a partnership agreement?

A partnership agreement, also known as a partnership agreement, is a private document that establishes the rules and guidelines governing the relationship between a company’s partners. It serves as a supplement to the articles of association, detailing strategic and corporate matters that are often not addressed or cannot be fully described in the articles of association registered with the Board of Trade.

Unlike the articles of association, which are binding on third parties and public agencies, the partnership agreement is effective only between the signatory partners. This means that it governs internal aspects of the company confidentially, without the need for registration with the Board of Trade.

Among the most common points addressed in a partnership agreement are:

Division of responsibilities and administrative functions;
Criteria for distribution of profits and losses;
Rights of first refusal in the purchase and sale of shares;
Rules for the entry and exit of partners;
Non-competition clauses;
Defining procedures in the event of a stalemate or corporate dissolution;
Penalties for breach of contract.

This is, therefore, a strategic tool to ensure good corporate governance and avoid future conflicts.

How does a partnership agreement work?

The partnership agreement functions as a private agreement between the partners of a business corporation, aiming to establish internal rules for management and corporate coexistence. This document allows for anticipated solutions to sensitive situations or disagreements that may arise during the course of business activity.

Although it does not have the same publicity and registration requirements as the articles of association, the partnership agreement has legal validity and is binding between the parties who sign it. If any clause is breached, the affected partners can resort to the courts to demand compliance with the contractual provisions or seek damages.

Main aspects regulated by the partnership agreement:

Each partner’s shareholding in the share capital;
Management roles and responsibilities;
Rules for deliberation and approval quorum;
Profit distribution criteria;
Right of first refusal in the purchase of shares;
Prohibition of competition;
Confidentiality clauses;
Conditions for excluding partners;
Conditions for admitting new partners;
Procedures for dissolving or liquidating the company.

This flexibility is one of the key advantages of the partnership agreement, allowing it to be tailored to the specific needs of the company and the interests of its members.

What’s the difference between a partnership agreement and an article of association?

Although both are contractual instruments related to the formation and management of business entities, articles of association and a partnership agreement have distinct purposes, characteristics, and requirements.

Articles of Incorporation	Partnership Agreement
Official and mandatory document for the incorporation of the company	Optional and supplementary instrument
Must be registered with the Board of Trade	Does not require registration with the Board of Trade
Regulates formal aspects of the company, such as name, address, purpose, share capital, and quota distribution	Regulates strategic matters and internal relations among shareholders
Produces effects towards third parties and public authorities	Produces effects only among the signing shareholders
Mandatory publicity	Private and confidential document

In short, the articles of association create the company under the law, while the partnership agreement establishes the specific rules among the partners to manage the company in the most organized manner possible.

How to draw up a partnership agreement?

Drafting a partnership agreement should be done carefully, clearly, and with an eye toward future scenarios. It is even recommended to consult a lawyer specializing in corporate law to adapt the clauses to the specifics of the business and ensure legal certainty for all involved.

See the basic step-by-step guide to drafting a partnership agreement:

Identification of the parties: indicate the name, nationality, marital status, profession, CPF (Individual Taxpayer Registry), and ID number of the partners;
Object of the agreement: describe the purpose and economic activity of the company;
Shareholder interest: specify the percentage of shares held by each partner;
Roles and responsibilities: define the assignment of administrative and management functions;
Rules of deliberation: establish quorums and procedures for decision-making;
Profit Distribution: Specify the frequency and criteria for profit distribution;
Preemptive Rights: Define whether partners will have priority in purchasing shares in the event of a sale;
Non-Compete Clause: Establish restrictions on partners engaging in competing activities;
Confidentiality: Include confidentiality obligations regarding the company’s strategic information;
Conditions for Exclusion or Exit of Partners: Establish the criteria and procedures;
Dispute Resolution Method: Provide how disagreements will be resolved (mediation, arbitration, or legal proceedings).

Sample Partnership Agreement

Below is a basic example of a partnership agreement to illustrate the document’s structure:

MEMBERSHIP AGREEMENT

By this private instrument, the undersigned:

[Full name of partner 1], Brazilian, married, entrepreneur, CPF no. […], ID no. […];

[Full name of partner 2], Brazilian, single, administrator, CPF no. […], ID no. […];

Resolve to enter into this Partnership Agreement, subject to the following clauses:

Clause 1 – Purpose: This agreement governs the corporate relationship between the parties in the company [Company Name], registered with the CNPJ under no. […], headquartered at [full address];

Clause 2 – Share Capital: The shares will be distributed as follows: Partner 1 – 60% and Partner 2 – 40%;

Clause 3 – Management: Management will be exercised by Partner 1, with powers to perform all management acts, except those requiring joint resolution;

Clause 4 – Profits and Losses: Profits and losses will be shared in proportion to each partner’s shares;

Clause 5 – Right of First Refusal: In the event of a sale of shares, the remaining partner will have the right of first refusal;

Clause 6 – Non-Competition: Partners are prohibited from engaging in competing activities during the term of this agreement and for a period of two years after their departure;

Clause 7 – Dispute Resolution: The parties elect the jurisdiction of the district of [city] to resolve any disputes arising from this agreement.

And in agreement and agreement, they execute this instrument in duplicate.

[Place], [Date]

[Partners’ Signatures]

This is a basic template and should be adapted to the specific circumstances and needs of each company.

Conclusion

The partnership agreement is an indispensable instrument for companies established by more than one partner. Although not required by law, it is essential to ensure good relations, organize management, prevent conflicts, and protect the interests of all involved.

Unlike the articles of association, which formalize the company’s creation before the government, the partnership agreement regulates internal and strategic aspects of the company, and is binding between the signatories. Drafting this document allows you to anticipate future situations and define clear rules for sensitive issues, such as partner exits, profit sharing, and dispute resolution.

Therefore, if you are considering forming a partnership or are already in one and do not yet have a formal agreement, it is highly recommended that you prepare a partnership agreement, preferably with the assistance of a specialized attorney.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Outsourcing contract: what it is, how it works and how to do it

Eduardo Koetz — Fri, 15 Aug 2025 14:00:04 +0000

Outsourcing is a well-established practice in the Brazilian labor market, allowing companies to contract services from other specialized firms instead of maintaining an in-house team for all their activities. This outsourcing strategy, in addition to reducing costs and increasing operational efficiency, also requires legal attention, especially when drafting an outsourced service contract.

In this article, we’ll explain what an outsourced service contract is, how it works, its main benefits, Brazilian legislation, the permitted duration, how to draft this type of contract securely, and even present a practical template.

If you require legal assistance from our team, please send us a WhatsApp message.

What is an outsourced services contract?

An outsourced services contract is the legal instrument that formalizes the relationship between a contracting company and a service provider. It clearly and precisely defines the activities to be performed, the deadline, payment terms, responsibilities of each party, penalties, and specific legal protection clauses.

In outsourcing, the contracting company does not establish an employment relationship with the service provider’s employees. This means that the responsibility for hiring, remuneration, and labor and social security obligations remains solely with the outsourced company, although the contracting company has the obligation to monitor compliance with legal obligations.

This type of contract is widely used in activities such as cleaning, security, reception, information technology, logistics, building maintenance, and others.

How does an outsourcing contract work?

An outsourcing contract operates based on the provision of a specific service by a specialized company, without any direct subordination between the outsourced workers and the contracting company.

The service provider makes its employees available to perform specific tasks within the contracting company’s structure. However, this service provision must follow contractual guidelines, respecting the administrative autonomy of the service provider.

The main elements of an outsourcing contract are:

A clear description of the services to be provided;
The absence of an employment relationship between the outsourced worker and the contracting company;
The mandatory compliance with labor laws by the contracting company;
Constant oversight by the contracting company, which may be subsidiarily liable for any labor irregularities;
The definition of deadlines, goals, and payment terms agreed upon by the parties.

This contractual model is essential to ensure legal certainty for the parties and avoid future disputes.

What are the benefits of outsourcing services?

Outsourcing offers several operational, strategic, and financial advantages for companies. Here are the main benefits:

Reduced operating costs

By outsourcing certain services, the contracting company avoids costs related to recruitment, payroll, labor charges, and training, transferring these responsibilities to the service provider.

Focus on core business activities

Outsourcing allows the company to concentrate its resources and efforts on its core business, while specialists handle the secondary activities.

Access to specialized labor

Outsourced companies generally have experience and professionals trained in specific areas, which can result in higher-quality services.

Contractual flexibility

Timelines and scope of services can be adjusted according to demand, facilitating adaptation to periods of business expansion or contraction.

Increased productivity and efficiency

With qualified teams and more agile processes, outsourcing tends to increase operational efficiency.

What does the new law say about service outsourcing contracts?

Law No. 13,429/2017, later amended by Law No. 13,467/2017 (Labor Reform), regulated outsourcing in Brazil, allowing companies to contract to provide services in both the core and non-core activities of the contracting company.

The legislation also imposes certain requirements:

The service provider must be properly registered and have an active CNPJ (Brazilian Corporate Taxpayer Registry);
It must demonstrate economic capacity compatible with the number of employees;
The contracting company is jointly liable for labor rights not paid by the service provider;
Outsourced workers must have safe working conditions and access to the same benefits as the contracting company’s employees (such as cafeterias and transportation).

The law brought greater legal certainty to companies and workers, as long as the regulations are properly followed.

How long can an outsourcing contract last?

Brazilian law does not stipulate a maximum term for outsourced service contracts. The duration can be freely defined by the parties, as long as it is compatible with the nature of the service provided and does not constitute labor fraud.

It’s common for contracts to have an initial term of 12 to 24 months, with the possibility of extension through contractual amendments.

However, it is essential that the service provision be continuous, lawful, and well-founded, to avoid establishing subordination or a disguised relationship with the contracting party.

How to draft an outsourced contract?

Drafting an outsourced contract requires attention to detail and clarity in the clauses. See the step-by-step guide:

Step 1: Identify the parties

Include complete information about the contracting party and the service provider (company name, CNPJ, address, legal representative).

Step 2: Purpose of the contract

Precisely describe the service to be provided, specifying the scope, deadlines, and locations of performance.

Step 3: Obligations of the contractor

List the service provider’s responsibilities, such as providing qualified labor, equipment, uniforms, and compliance with labor laws.

Step 4: Obligations of the contractor

Establish the obligation to oversee the performance of the services, provide adequate conditions, and pay invoices.

Step 5: Payment Terms

Determine amounts, payment methods, due dates, adjustments, and late fees.

Step 6: Terms and Term

Define the start date, contract duration, and possibility of extension.

Step 7: Penalties and Termination

Include clauses regarding penalties for non-compliance, termination conditions, and obligations in the event of contract termination.

Step 8: Jurisdiction and Applicable Law

Establish the competent jurisdiction for resolving disputes and the applicable law.

Outsourcing Contract Template

Below is a basic template for an outsourcing contract clause:

OUTSOURCING SERVICES CONTRACT

CONTRACTING PARTY: [Company Name], headquartered at [address], registered with the CNPJ (National Registry of Legal Entities) under No. […], herein represented by its legal representative [full name];

CONTRACTED PARTY: [Company Name of the provider], headquartered at [address], registered with the CNPJ (National Registry of Legal Entities) under No. […], herein represented by its legal representative [full name];

CLAUSE 1 – SUBJECT: The purpose of this contract is the provision of [description] services, to be performed at the contracting party’s premises or at another location designated by the contracting party;

CLAUSE 2 – CONTRACTOR’S OBLIGATIONS: The contractor undertakes to provide a qualified team with proper employment records and to supply all materials and equipment necessary to perform the services;

CLAUSE 3 – CONTRACTING PARTY’S OBLIGATIONS: The contracting party undertakes to provide adequate conditions for the performance of the services and to make payments as stipulated;

CLAUSE 4 – PAYMENT: The monthly service fee will be R$ […], payable by […], upon issuance of an invoice;

CLAUSE 5 – TERM: The contract will begin on [date] and will be valid for [12/24 months], and may be extended for the same period by means of an addendum;

CLAUSE 6 – TERMINATION: The contract may be terminated by either party upon 30 days’ notice or for cause, effective immediately;

CLAUSE 7 – JURISDICTION: The jurisdiction of the district of [city/state] is hereby elected to resolve any disputes arising from this agreement.

In agreement, the parties hereby sign this agreement in two copies of equal content.

This is a reference model only. Legal advice is recommended for adjustments based on the specific case.

Conclusion

The outsourcing service contract is an indispensable instrument for ensuring legal certainty in relationships between companies and service providers. When well-drafted, it protects both parties, organizes the provision of the service, and reduces labor and tax risks.

Furthermore, outsourcing is an efficient strategy for increasing business productivity and competitiveness, as long as it is adopted within legal parameters. Therefore, the support of a specialized lawyer is essential to structure clear clauses, ensure compliance with the law, and protect the company’s assets against potential litigation.

If your company wishes to outsource safely, rely on qualified legal support from contract drafting to monitoring its execution.

If you require legal assistance from our team, please send us a WhatsApp message.

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Lawyer specializing in contracts: What they do and benefits

Eduardo Koetz — Wed, 13 Aug 2025 14:00:01 +0000

In an increasingly regulated world, formalizing agreements through contracts has become essential to ensure legal security in personal and business relationships. From simple service provision to large corporate transactions, a lawyer specializing in contracts is essential to prevent litigation and ensure that agreed terms are valid and enforceable.

But what exactly does a contract lawyer do? Why hire one? How much does it cost? And what are the real benefits of their services? In this article, you’ll find all these answers in detail.

If you require legal assistance from our team, send us a message on WhatsApp.

What does a contract lawyer do?

A contract lawyer is a legal professional whose practice focuses on drafting, analyzing, reviewing, and negotiating contracts. They are responsible for ensuring that contractual documents are legally correct, comply with applicable laws, protect their client’s interests, and minimize risks.

Their main responsibilities include:

Drafting contractual clauses with technical certainty;
Preventing conflicts through clear and balanced provisions;
Interpreting clauses in complex contracts;
Negotiating contractual terms that are most advantageous to the client;
Proposing legal solutions for atypical contractual situations;
Addressing contractual disputes in and out of court.

Whether in civil, commercial, real estate, labor, or service contracts, a contract lawyer acts as a bridge between the parties’ intentions and the limits of the law, ensuring certainty and predictability.

What makes a lawyer a specialist?

What sets a specialist apart is their in-depth knowledge of contractual rules and practical experience with different types of business. In general, they are lawyers who:

Have studied Civil and Business Law, with an emphasis on contracts;
Have a postgraduate degree or specific courses in Contract Law;
Have worked on drafting or negotiating dozens or hundreds of contracts;
Have mastered legal drafting techniques and contractual language;
Know court decisions and legislative updates that impact contracts.

This set of skills is what makes their practice strategic and distinctive.

How does a contract with a lawyer work?

When hiring a lawyer to draft a contract, the process is carried out in several stages:

Understanding the case: The lawyer holds an initial meeting to understand the purpose of the contract, the parties involved, and the specific risks of the transaction;
Legal analysis of the context: Applicable laws, legal obligations, and possible limitations are evaluated;
Contract drafting: The professional drafts the contract with clear, objective, and legally valid clauses;
Reviews and adjustments: If necessary, the contract can be adjusted according to the parties’ suggestions;
Signing and registration: The lawyer can provide guidance on signatures, notarization, and registration with notaries or public agencies.

The process can be done in person or online and is generally quick when the information is clearly defined.

Why hire a lawyer specializing in contracts?

Hiring a lawyer to draft or review a contract is a preventative measure that can avoid serious future losses. Often, the error lies not in the bad faith of the parties, but in the lack of a well-drafted contract, which leaves room for misinterpretation or omits essential rights and obligations.

Among the most important reasons to hire this professional are:

Preventing legal disputes;
Avoiding abusive or void clauses;
Formalizing obligations clearly;
Adjusting contracts to current legal regulations;
Ensuring balance in contractual relationships;
Having legal support from negotiation to contract execution.

What are the benefits of hiring a lawyer to draft a contract?

The benefits of hiring a contract lawyer go far beyond simply drafting the document. Here are the main ones:

Preventing future litigation

A well-drafted contract drastically reduces the risk of legal or extrajudicial disputes, as the obligations of both parties are clearly established.

Contract customization

Ready-made templates don’t always meet the specific needs of your case. The lawyer customizes the contract to your needs, adjusting clauses, deadlines, and penalties.

Legal protection in case of default

If one of the parties fails to comply with the contract, the lawyer already includes clauses that facilitate resolution, such as fines, automatic termination, or jurisdictional choice.

Reducing tax and regulatory risks

In the case of business contracts, the lawyer also ensures there are no inconsistencies with tax, fiscal, and regulatory obligations.

Legal security

You can be sure that the contract is valid, effective, and enforceable in court.

What type of lawyer drafts contracts?

While any lawyer with an active OAB (Brazilian Bar Association) can draft contracts, the best lawyers are those specializing in Contract Law, Civil Law, or Business Law. They have the technical knowledge and experience to handle various types of contracts, such as:

Service provision contracts;
Purchase and sale agreements;
Lease agreements;
Business partnership agreements;
Non-disclosure agreements (NDA);
Employment or service agreements;
Lending agreements, loans, financing agreements, and more.

How much does it cost to draft a contract with a lawyer?

The amount a lawyer charges to draft a contract can vary greatly, depending on factors such as:

Complexity of the contract;
Urgency of the service;
Specialization and experience of the professional;
Region of practice;
Size of the transaction involved.

Generally, prices start from R$500.00 to R$1,500.00 for simple contracts. For more complex contracts (such as corporate or high-value real estate contracts), fees can exceed R$5,000.00 or be set as a percentage of the negotiated value.

It’s worth noting that many firms offer personalized consulting, monthly packages for companies, or pre-approved templates with occasional review, which can make the service more affordable.

Conclusion

A contract is the cornerstone of legal relationships. It defines rules, protects interests, prevents disputes, and provides security for the parties. In this scenario, the role of a lawyer specializing in contracts is absolutely essential, whether drafting a new contract, analyzing a proposal received, or reviewing clauses before signing any document.

Whether you are an entrepreneur, a freelance professional, or even an individual, having this type of assistance guarantees not only legal security but also peace of mind to focus on what really matters: carrying out your activities with confidence.

When in doubt, always opt for prevention. Hiring a lawyer to draft or review contracts can be the difference between a successful negotiation and years of legal disputes.

If you would like legal assistance from our team, please send us a message on WhatsApp.

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Approval of the PEC: the end of the automatic loss of Brazilian Nationality for naturalized citizens

Eduardo Koetz — Mon, 30 Jun 2025 17:00:08 +0000

In September, changes to Brazilian nationality were approved by the Chamber of Deputies. Find out now how these changes affect you and what precautions you need to take when naturalizing as a Brazilian citizen.

If you would like legal assistance from our team, send us a message on WhatsApp.

Who is affected by the decision on Brazilian nationality?

The approval of the PEC impacts foreigners who decide to adopt another nationality but have already obtained Brazilian naturalization, as well as native Brazilians who choose another nationality, in addition to their nationality of origin.

Examples:

Juan is Argentinian and became a Brazilian citizen while living in Brazil. Since he moved to Uruguay and has lived there for a considerable amount of time, he also decided to become a Uruguayan citizen. With the approval of the PEC, Juan does not lose his right to Brazilian nationality.

Mariana is Brazilian and moved to Italy many years ago and decided to become an Italian citizen. With the process and approval of the PEC, she does not lose her Brazilian nationality.

News about Brazilian Nationality

On September 12, 2023, an important milestone occurred in the Brazilian political scene when the Chamber of Deputies approved, in the first round, a Proposed Amendment to the Constitution (PEC) that has significant implications for the issue of nationality in Brazil.

This PEC, which had already been approved by the Senate previously, proposes the elimination of the automatic loss of Brazilian nationality for those who naturalize as citizens of other countries.

In addition, this change represents a crucial step towards a more flexible and inclusive approach to citizenship, in line with global trends in mobility and national belonging.

The PEC: How does it work?

The approval of the PEC that puts an end to the automatic loss of Brazilian nationality for naturalized citizens represents a historic moment in the country’s legislation.

This measure, which received support from 464 votes in favor, now moves towards enactment, signaling a change in the treatment of Brazilian citizens who choose to seek citizenship in another country.

Until now, obtaining another nationality led to the automatic loss of Brazilian citizenship, often leaving individuals in a complex legal situation, such as statelessness, and, in some cases, without access to rights and protections that Brazilian citizens enjoy.

The Remaining Hypotheses for Loss of Nationality

Although the PEC eliminates the automatic loss of Brazilian citizenship for naturalized individuals, you should know that there will still be two specific hypotheses in which the loss of nationality can occur.

The first of these is the cancellation of the naturalization process by court order, which applies in cases of fraud in the naturalization process or when an individual is considered a threat to the Democratic State and the judicial order. This provision aims to protect the integrity of the naturalization system and prevent abuses.

The second hypothesis is the renunciation of nationality, except in cases where the renunciation would leave the person without any nationality, making him or her stateless.

In fact, statelessness is an extremely problematic situation, as stateless individuals often face significant difficulties in accessing basic rights and legal protections. Therefore, maintaining Brazilian nationality in these circumstances is a humanitarian measure that avoids potential situations of vulnerability.

The Possibility of Reacquiring Brazilian Nationality

One of the notable features of the PEC is the provision that opens the door for those who have renounced their Brazilian nationality to reacquire it at some point in the future.

This is relevant for individuals who may have made the difficult decision to renounce their Brazilian citizenship for personal or practical reasons, but who wish to reaffirm their connection to Brazil at some later point.

This flexibility can be seen as a gesture of inclusion and recognition of the complexity of individual decisions related to citizenship.

Potential Benefits of the Change

The approval of the PEC brings a number of potential benefits to Brazil and to citizens seeking naturalization in other countries. Some of the most notable advantages include:

Promoting International Mobility: eliminating the automatic loss of Brazilian nationality may encourage more Brazilians to explore opportunities abroad, such as studying, working, and living in other countries, without the fear of losing their citizenship of origin;
Protecting Citizens’ Rights: maintaining Brazilian citizenship for those who acquire another nationality ensures that these individuals still have access to the rights and benefits associated with Brazilian citizenship, such as the right to return to their country of origin and consular assistance in cases of need;
Reducing Statelessness: the provision that prevents the waiver that would leave someone stateless is an important step toward preventing this precarious situation. Statelessness is a global problem that the international community has sought to combat.

Approval of PEC: new Brazilian citizens

The approval of the PEC that ends the automatic loss of Brazilian nationality for naturalized citizens marks a significant change in Brazil’s approach to citizenship.

This measure offers greater flexibility to citizens seeking naturalization in other countries and recognizes the complexity of decisions related to citizenship.

In addition, this legislative change reflects the evolution of notions of belonging and national identity in an increasingly globalized and interconnected world.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Brazilian Nationality: Required Documents and Processing Time

Eduardo Koetz — Fri, 27 Jun 2025 17:00:45 +0000

Brazilian nationality is a fundamental right that can be acquired in different ways—either by birth on Brazilian soil or through naturalization processes, each with its own requirements, specific timelines, and mandatory documentation.

This topic attracts significant interest, especially among foreigners residing in Brazil who wish to fully integrate into society and enjoy the civil and political rights guaranteed by the Federal Constitution.

Understanding the types of nationality, the legal criteria, administrative procedures, and the possible grounds for loss and reacquisition of Brazilian nationality is essential for navigating the process safely and clearly.

In this article, we will explore who is entitled to Brazilian nationality, what documents are required, how long the process takes, and how to proceed in cases of loss or recovery of nationality.

If you would like legal assistance from our team, feel free to send us a message on WhatsApp.

Who Is Considered a Brazilian by Birth?

According to Article 12 of the 1988 Federal Constitution, all individuals born in the Federative Republic of Brazil are considered Brazilians by birth—even if born to foreign parents—unless those parents are serving their home country in an official capacity. Therefore, the principle of jus soli (right of the soil) is the general rule for the attribution of Brazilian birthright nationality.

Additionally, Brazilian nationality may also be granted to children of Brazilian citizens born abroad, provided one of the following conditions is met: the birth is registered with a competent Brazilian consulate, or the individual moves to Brazil and formally opts for Brazilian nationality. This ensures that jus sanguinis (right of blood) is also recognized as a valid criterion for nationality.

Nationality: “Brasileiro” or “Brasileira”?

In Portuguese, the term varies by gender: “brasileiro” for men and “brasileira” for women. However, in legal and administrative contexts, “brasileiro” is often used as a gender-neutral and inclusive term, especially in official documents, forms, and public records.

This technical neutrality helps standardize legal language without invalidating the appropriate use of gendered terms in every day, academic, or cultural contexts.

What Is the Difference Between a Native and a Naturalized Brazilian?

The distinction between a native Brazilian (brasileiro nato) and a naturalized Brazilian is legally significant and directly impacts eligibility for certain rights and public offices.

A native Brazilian is someone born in Brazilian territory or the child of Brazilian parents born abroad, provided their birth is registered with a Brazilian consulate, or they reside in Brazil and later formally opt for Brazilian nationality.

A naturalized Brazilian is a foreign national who voluntarily applies for Brazilian nationality, meeting the legal requirements. This process is managed by the Ministry of Justice and Public Security through the Gov.br platform and results in an administrative act granting nationality.

It’s important to note that certain high-level public offices are constitutionally reserved for native Brazilians, including:

President and Vice President of the Republic;
Presidents of the Chamber of Deputies and the Senate;
Justices of the Supreme Federal Court;
Members of the diplomatic corps;
Armed Forces officers;
And others listed under Article 12, §3 of the Constitution.

What Are the Types of Naturalization in Brazil?

The Migration Law (Law No. 13.445/2017) regulates the various types of naturalization in Brazil, allowing foreign nationals in different situations to regularize their status and become naturalized Brazilians. Each category has specific requirements:

Ordinary Naturalization

The most common form, available to individuals with legal capacity, at least four years of proven residence in Brazil, functional command of Portuguese, and no criminal record. This period may be reduced to two years for individuals with a Brazilian child or a Brazilian spouse of over one year.

Extraordinary Naturalization

Available to those who have legally resided in Brazil for more than 15 uninterrupted years without a criminal record. No language or family ties are required, making this a more straightforward process.

Special Naturalization

Granted to foreigners in particular circumstances, such as:

Individuals married to Brazilian diplomats on foreign missions;
Persons who have rendered notable services to the Brazilian State (e.g., humanitarian, scientific, or cultural contributions).

Provisional Naturalization

Intended for foreign minors who entered Brazil before age 10 and have resided continuously until age 18. Upon reaching adulthood, they may request conversion to permanent naturalization, provided legal requirements are met.

What Documents Are Required for Brazilian Naturalization?

The required documents vary by naturalization type, but generally include:

A formal naturalization request submitted via the Gov.br platform;
Valid ID, such as a passport or National Migration Registration Card (CRNM), formerly RNE;
Birth or marriage certificate, translated by a sworn translator and registered with a notary;
Proof of residence in Brazil (e.g., utility bills, rental contract);
Criminal background checks from Brazil and the country of origin;
Proof of lawful income or means of support;
Proof of Portuguese language proficiency (e.g., interview, declaration, or CELPE-Bras certificate).

Additional documentation may be required based on the specific naturalization process. It is crucial to gather and submit everything correctly to avoid delays or denials.

How Long Does the Naturalization Process Take?

The processing time for naturalization can vary significantly. For ordinary naturalization, the average timeline ranges from 6 to 24 months, depending on the completeness of the application, the volume of pending requests, and the Ministry of Justice’s review process.

Extraordinary naturalization, due to its more straightforward criteria, is often processed more quickly. However, delays may occur in cases involving missing documents or inconsistencies that require additional review.

Applicants can monitor their process online via the Gov.br platform, ensuring greater transparency and convenience.

What Is the Loss of Brazilian Nationality?

Loss of Brazilian nationality may occur under conditions outlined in Article 12, §4 of the Federal Constitution, such as:

Voluntarily acquiring another nationality, except when:

The new nationality is a legal condition for exercising civil rights or permanent residency abroad;
The new nationality is acquired automatically by birth abroad or through marriage;
In the case of naturalized Brazilians convicted by final court ruling for actions deemed harmful to Brazil’s national interests.

In such cases, nationality is revoked by a formal act of the President of the Republic following an administrative process that ensures the right to defense.

How Can Brazilian Nationality Be Reacquired?

Reacquisition of nationality is permitted under the Migration Law and is available to individuals who voluntarily renounced their Brazilian citizenship.

The process involves submitting a formal request to the Ministry of Justice with:

Proof of ties to Brazil (e.g., residence, family, or work);
Valid identification and criminal background documents;
A well-founded justification for the request.

Upon approval, the applicant regains naturalized Brazilian status and resumes all associated rights and obligations.

Conclusion

Acquiring Brazilian nationality is a structured and accessible process of great significance for foreigners seeking to fully integrate into the country in a legal and permanent way.

Understanding the naturalization categories, required documentation, timelines, and legal implications of loss or reacquisition of nationality is essential to ensure legal security and full citizenship.

As a democratic state governed by the rule of law, Brazil values the inclusion and regularization of immigrants, strengthening social, cultural, and economic ties with those who choose the country as their home. Naturalization is, therefore, a key step for those who wish to contribute to this collective future.

If you would like legal assistance from our team, feel free to send us a message on WhatsApp.

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Emigrant and Immigrant: What Are the Differences and What Does It Mean to Be a Refugee?

Eduardo Koetz — Wed, 25 Jun 2025 17:00:38 +0000

International migration is a social, economic, and political phenomenon that affects millions of people around the world. Every day, individuals, and families cross borders in search of safety, job opportunities, better living conditions, or to escape conflict, environmental crises, or persecution. In this context, confusion often arises around the term’s immigrant, emigrant, and refugee, which are frequently used incorrectly or interchangeably.

However, these concepts have distinct legal and social meanings. Understanding these differences is crucial for those considering moving to another country, as well as for those who wish to better understand the rights of migrants and refugees in Brazil and around the world.

In this article, we clearly explain each of these profiles, outline the different types of migration, and detail what Brazilian law establishes regarding the recognition of refugee status.

If you would like legal assistance from our team, feel free to message us on WhatsApp.

What Is the Difference Between an Immigrant and an Emigrant?

The distinction between an emigrant and an immigrant is based on geographic perspective: an emigrant is a person who leaves their country of origin to live elsewhere. From the point of view of the country of departure, the person is emigrating.

An immigrant, on the other hand, is someone who enters a foreign country with the intention of residing there, and is viewed as an immigrant by the receiving nation.

In other words, it is the same migratory movement described from different perspectives. A classic example: a person born in Bolivia who moves to Brazil is a Bolivian emigrant and a Brazilian immigrant. This distinction is particularly important in official documents and legal processes related to immigration.

What Does It Mean to Be an Immigrant?

An immigrant is someone who settles in a new country for various reasons. The main drivers of immigration include:

Work and income: seeking better employment and salary conditions;
Education: enrolling in more prestigious institutions or accessing a different educational system;
Family reunion: moving to join relatives who already live in the destination country;
Political or social conditions: fleeing from instability, repression, or violence.

In Brazil, the number of immigrants has been increasing, particularly from Latin America and the Caribbean. Brazilian law, through Law No. 13.445/2017 (the Migration Law), guarantees these individuals a range of rights, such as access to healthcare, education, and the formal labor market, as well as mechanisms for obtaining legal residence.

What Does It Mean to Be a Migrant?

Migrant is a broad term that includes all people who move from one place to another, whether within a country or across international borders. Thus, moving from one Brazilian state to another (e.g., from Pernambuco to São Paulo) or from Brazil to another country (e.g., Germany) are both forms of migration.

This broad definition is used by international organizations such as the International Organization for Migration (IOM), which considers migrants to be all individuals who move temporarily or permanently from their habitual residence, regardless of their legal status or reason for moving.

So, all emigrants and immigrants are migrants, but not all migrants are necessarily emigrants or immigrants—it depends on the geographic scope of the movement.

When Do We Use the Term International Migrant?

The term international migrant applies to anyone who crosses a national border, whether voluntarily or forcibly. This can occur for a variety of reasons, such as work, education, economic crises, war, or natural disasters.

An international migrant may have regular or irregular status, depending on whether they have received legal authorization to enter and stay in the destination country. This legal status directly impacts access to fundamental rights such as healthcare, education, and legal protection.

The IOM estimates that there are over 280 million international migrants worldwide today—a figure that reflects not only global inequalities but also the opportunities offered by receiving countries.

What Is the Difference Between Emigrate and Immigrate?

The verbs emigrate and immigrate are also often confused, but follow the same logic as the nouns discussed earlier:

To emigrate means to leave one’s country of origin to live in another.
Example: “She emigrated from Brazil to the United States.”

To immigrate means to arrive in a new country to reside there.
Example: “He immigrated to France with his family.”

Both verbs describe the geographical movement of an individual, but the choice of verb depends on the country being considered as the reference point.

Types of Migration

Migration can be classified in several ways. According to motivation:

Voluntary migration: when it occurs by personal or family decision;
Forced migration: driven by war, persecution, natural disasters, or severe economic crises.

According to duration:

Temporary: with a planned return or contractual limit;
Permanent: with the intent to establish permanent residence.

According to direction of flow:

Internal migration: within the same country;
International migration: crossing national borders.

Types of Emigration

Emigration may occur for various reasons, including:

Economic emigration: in search of better job opportunities, higher income, or improved living conditions;
Academic emigration: for educational purposes, cultural exchange, or research;
Political emigration: fleeing authoritarian regimes or political instability;
Environmental emigration: triggered by events such as extreme droughts, floods, earthquakes, and other natural phenomena.

These causes may overlap, making the migration phenomenon even more complex from both legal and humanitarian perspectives.

What Is a Refugee?

The term refugee refers to a specific legal category defined by the 1951 Geneva Convention, which Brazil has ratified. According to this international standard, a refugee is someone who:

“Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality and is unable or unwilling to return to it.”

In Brazil, Law No. 9.474/1997 regulates the recognition of refugee status, and the body responsible for this process is CONARE (the National Committee for Refugees), which is part of the Ministry of Justice.

In addition to the classic definition, Brazil adopts a broader and more protective approach, also recognizing as refugees individuals from:

Areas of armed conflict;
Countries with serious and widespread human rights violations;
Contexts of prolonged institutional instability.

Refugees are entitled to legal protection, Brazilian documents (such as a CPF and work permit), access to healthcare and education, and the possibility to apply for naturalization after a period of legal residence, as established by national law.

Conclusion

A proper understanding of the term’s emigrant, immigrant, and refugee is essential for public debate and the development of fair and effective migration policies.

While emigrate and immigrate describe the same process from different perspectives, the concept of an international migrant encompasses all individuals who cross borders in search of new opportunities. Meanwhile, the term refugee refers to a distinct legal status protected by international conventions and Brazilian law.

Given today’s migratory challenges, it is vital that governments, civil society, and individuals recognize and uphold the rights of those on the move—fostering inclusion, safety, and dignity for all.

If you would like legal assistance from our team, feel free to message us on WhatsApp.

The post Emigrant and Immigrant: What Are the Differences and What Does It Mean to Be a Refugee? appeared first on Koetz International and Succession.

Brazilian National Immigration Registry Card

Eduardo Koetz — Wed, 25 Jun 2025 10:17:21 +0000

The new Migration Law has a new document: the Brazilian National Migration Registry Card. Learn more about what is the entire procedure for how to apply for your application.

What is the National Immigration Registry Card?

The National Migration Registry Card (CRNM) is the physical identification document for foreigners registered in Brazil. It’s valid throughout the national territory and is the Identity Card for foreigners. The CRNM was createad to replace the old “Carteira de Identidade Estrangeira” (CIE), after the ratification of the Migration Law on May 24, 2017.

The CRNM will display the National Migration Registry (RNM) number, a unique and exclusive identifier that guarantees full exercise of civil rights in Brazil for two years. Other important information on the document is the period of stay allowed by the Brazilian Government. That is why every foreigner who wants to move to Brazil must obtain the CRNM.

Also, this new model meets the document requirements for international travel, as it features QR Code, optical variation ink and anti-stoke security.

If you would like legal assistance from our team, send us a message on WhatsApp.

How to obtain a National Immigration Registry Card?

The process for issuing the National Immigration Registry Card must be carried out personally in a Federal Police unit after scheduling your appointment online. It is critical to note that not all units offer assistance to immigrants, so it is always valid to check the Federal Police site first.

After arriving in Brazil, the immigrant has 90 days to apply to his/her CRNM. Furthermore, when you go to a Federal Police unit, you must bring all the documents to start the process, as follows:

Pre-enclosed application form;
Two 3×4 photos, recent, colorful, and with white background;
Declaration of electronic rights and other contact information – Annex XIX of the Interministerial Portal nº 3/2018;
Copy of proof of residence (ex: water, telephone, energy bill, etc.);
Valid travel document or other document proving identity and nationality;
Birth certificate, marriage certificate, or consular certificate when the travel document or official document does not provide data on filiation;
Personal identification document (for temporary viewing for family reunion);
Declaration under the penalties of the law, signed by the “caller” and “called”*, that it is not present in the causes of loss of residence authorization provided for in art. 135 of Decree No. 9,199, of 2017 (for temporary viewing due to family reunion);
Proof of payment of fees issued by the National Migration Registry Card (R$ 204.77);

The issuance fee may be paid at any banking institution, lottery houses, postal agencies, or banking correspondents. However, if the immigrant does not have the conditions to pay the emission fee, he/she may present a declaration of economic hyposufficiency.

It’s important to note that documents in foreign languages must be accompanied by the respective sworn translations and apostilles, by the Hague Apostille Convention.

*When you apply for a visa or residence authorization on the grounds of family reunion, you will be the “called” and the person who is in Brazil will be the “caller”. The caller may be a Brazilian citizen or a foreigner with a temporary visa or residence permit in Brazil.

Terms and renewals of CRNM

The CRNM expiration period will be linked to the term of the residency authorization period. However, when it comes to residency for an indefinite period, the CRNM will be valid for nine years.

The request to replace the CRNM for term renewal must be submitted at least 90 days before expiration. Additionally, applicants may also request information changes or corrections in case of errors in the process.

Also, it is possible to request a second copy of your CRNM in cases of theft, loss, misplacement, or damage. For this kind of request, you must present the following documents:

Form pre-enclosed and filled;
One 3×4 photo, recent, colorful, and white background;
Declaration of electronic rights and other means of contact;
In case of damaged CRNM, present an original document;
In case of loss, robbery, or theft, present the police report (Boletim de Ocorrência in Brazil);
Travel document, official identity document, or document issued by a Brazilian public body that proves the identity of the applicant, even if expired;
Proof of payment of CRNM fee issuance;
Declaration of economic undersufficiency, if you do not have the conditions to pay the emission fee.

In this case, CRNM will be issued in the same process as above. Therefore, if there are changes in registration, the immigrant must request the substitution of the card.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Residence visa for foreign retirees in Brazil

Eduardo Koetz — Mon, 23 Jun 2025 17:00:22 +0000

Did you know that the Brazilian government is trying to attract foreign retirees to live in Brazil? This possibility can bring about different cultural exchanges and can increase investment in the country. Learn how to obtain a residence visa for foreign retirees in Brazil.

If you would like legal assistance from our team, send us a message on WhatsApp.

Foreign retirees

Foreign retirees are welcome in many countries around the world. And, in the same way, it’s common to find retired people who want to live in another country in search of a better quality of life or a more attractive cost of living.

For this reason, several countries encourage and apply the policy of granting residence visas to those who want to invest in the country, that is, transfer their retirement from one country to another. In this way, by transferring their retirement, the foreigner stimulates the local economy. Since, many times, they are stable immigrants who end up boosting the real estate, commercial, industrial, and tourism markets in the region.

Temporary visa and residence permit in Brazil for foreign retirees

The Brazilian government has a major goal of attracting this segment of the population that is so sought after on the international scene. As we have said, this is mainly to increase investment in the country and develop the real estate sector.

For this reason, in October 2019, Normative Resolution No. 40 was legalized, which deals with:

“The granting and procedures for issuing a temporary visa and residence permit based on retirement and/or survivor’s pension benefit”.

In this sense, a retired foreigner can apply for a temporary visa if he or she proves a monthly transfer to Brazil of an amount equal to or greater than US$2,000.00 (two thousand US dollars). However, it is important to remember that the amount of the retirement and/or survivor’s pension may be lower, as long as the retired foreigner proves the transfer of the difference in value from other sources, in a hasty manner.

Documents required for a residence visa for foreign retirees in Brazil

Retired immigrants who wish to live in Brazil must present the following documentation to the consular authority to begin the process:

Valid travel document;
International immunization certificate, when required by the National Health Surveillance Agency – Anvisa;
Health insurance valid in the national territory;
Proof of payment of consular fees;
Completed visa application form;
Proof of means of transportation for entry into the national territory; and
Certificate of criminal record issued by the country of origin or, at the discretion of the consular authority, and in accordance with the peculiarities of the country where the visa was requested.

In addition, the following must be presented:

Proof of retirement and the ability to transfer to the country an amount, in foreign currency, equal to or greater than US$ 2,000.00 (two thousand US dollars);
OR proof of receipt of a survivor’s pension in an amount equal to or greater than US$2,000.00 (two thousand US dollars);
Other regular sources of income to supplement the required amount, in case the pension or retirement does not reach the required amount.

Therefore, even if the retired foreigner is in Brazil, it’s possible to apply for a residence permit through the Ministry of Justice and Public Security, as long as the documents as requested are presented.

It’s essential to remember that documents in a foreign language must be sworn translated and apostilled, in accordance with The Hague Apostille Convention.

Residence permit term

According to Normative Resolution No. 41, the residence permit term is indefinite. This was one of the changes to Resolution No. 41, since the previous one provided for a residence permit term of only two years for retired foreigners.

Therefore, the visa and residence permit do not need to be renewed every two years.

If you would like legal assistance from our team, send us a message on WhatsApp.

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Digital certificate for foreigners in Brazil

Eduardo Koetz — Fri, 20 Jun 2025 18:42:15 +0000

The digital certificate for foreigners is a fundamental tool in the information and globalization era. Furthermore, it is a digital identification that plays an essential role in the authentication of individuals and legal entities on the internet.

Its usefulness goes beyond recognition, allowing the performance of electronic transactions, access to confidential information, and the validation of electronic documents through digital signatures.

In this text, we will explore the importance of the digital certificate, its accessibility for foreigners in Brazil, the steps necessary to obtain it, and how a lawyer can assist you if needed.

If you would like legal assistance from our team, send us a message on WhatsApp.

What is a digital certificate?

A digital certificate is a form of identification. In other words, it is a digital way of identifying individuals and legal entities on the internet.

With the certificate, you can perform electronic transactions, have access to websites and confidential information, and use a digital signature to validate electronic documents.

How important is a digital certificate?

The importance of the digital certificate is security, since digital signatures have indisputable legal value. In addition, it is a quick and practical way to sign documents. In other words, the digital certificate for foreigners is an interesting option when signing documents and formalizing transactions.

Furthermore, any citizen or company can have a digital certificate.

Can a foreigner obtain a digital certificate in Brazil?

Yes. Foreigners can obtain a digital certificate in Brazil, the ICP-Brasil. However, you must have a valid CPF from the Federal Revenue Service, which you can obtain remotely.

When does a foreigner need a digital certificate?

Some investment situations may require the certificate, since they are transactions made internationally and involve contracts.

In the case of Migranteweb, the Brazilian Government’s website for foreigners, it no longer requires a digital signature after an update. Therefore, you are not required to have a digital certificate.

What are the steps to obtain a digital certificate if you are a foreigner and live in Brazil?

The steps to obtain a digital certificate if you are a foreigner and live in Brazil depend on an official certification authority, accredited by the Brazilian Public Key Infrastructure, the ICP-Brasil.

The ICP-Brasil is a group of service providers authorized to issue digital certificates in Brazil.

Some examples are:

CAIXA ECONÔMICA FEDERAL (www.caixa.gov.br);
CERTISIGN (www.certisign.com.br);
PRESIDENCY OF THE REPUBLIC (https://ccd.serpro.gov.br/ACPR/);
SECRETARIA DA REEITA FEDERAL (www.receita.fazenda.gov.br);
SERASA (www.serasa.com.br);
SERPRO (www.serpro.gov.br).

Therefore, after choosing your official certification authority in Brazil, gather the necessary documents, such as a valid passport or CPF.

After that, you can install the chosen digital signature software on your mobile device or computer.

What are the steps to obtain the certificate as a foreigner living abroad?

The steps to obtain the digital certificate as a foreigner living abroad are similar for those living in Brazil. Therefore, the digital certificate for foreigners may be a great option for you!

You need to find an authorized service provider (and the search can be done exclusively online).

One of the options is to issue it by videoconference at a registration authority linked to ICP-Brasil. In this case, in addition to the CPF, you must have the Brazilian CNH (National Driver’s License). If you do not have one, you must look for a physical office to issue the digital certificate in person.

Can I use the digital certificate of a Brazilian lawyer?

No. You cannot use the digital certificate of a Brazilian lawyer. After all, the digital signature is similar to a “physical” signature, that is, it cannot be transferred from person to person – it is non-transferable.

However, the lawyer can act as an attorney on your behalf. An electronic power of attorney with a digital certificate has the same legal validity as a physical power of attorney. However, all electronic powers of attorney must be digitally signed to be valid, in addition to the requirement to have a CPF.

How can a Brazilian lawyer help me?

A Brazilian lawyer can help you with the digital certificate because this professional knows Brazilian laws and how the rules for the certificate work. In this way, they can correctly help you obtain your exclusive certificate, so that you can sign international or Brazilian documents.

How can foreigners benefit?

As we have seen, the digital certificate for foreigners plays a fundamental role in the identification and authentication of individuals and legal entities in the digital age. Its importance translates into security, agility, and accessibility, providing the legal validation of digital signatures and facilitating electronic transactions.

In addition, the availability of this resource for foreigners, both in Brazil and abroad, expands its possibilities of use in various situations, such as investments and international transactions.

For those seeking to obtain a digital certificate, whether in Brazil or abroad, the process is accessible, with recognized certifying authorities and the possibility of obtaining it remotely.

Having the assistance of a local lawyer, however, can be of great value in understanding the specific requirements and procedures of each jurisdiction, ensuring that the digital certificate is acquired and used effectively and in accordance with the relevant laws.

If you would like legal assistance from our team, send us a message on WhatsApp.

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How can a foreigner work in Brazil?

Eduardo Koetz — Wed, 18 Jun 2025 18:15:40 +0000

Many foreigners want to work in Brazil, but they have doubts. After all, how can a foreigner work in Brazil? In this text, we will discuss visa ideas for various types of activities and the importance of maintaining regular status in the country. Check it out!

If you would like legal assistance from our team, send us a message on WhatsApp.

How can a foreigner work in Brazil?

A foreigner can work in Brazil if he/she has the appropriate authorization. Some options are visas (whether work or alternative), residence permits and even Brazilian naturalization.

Remember that a visitor/tourist visa does not give permission for a foreigner to work and engage in paid employment in Brazil.

Which visa options give you the right to work in Brazil?

Several Brazilian visa options give you the right to work in the country. However, each one has its own characteristics, terms and contractual requirements. For example, a digital nomad can work in Brazil, but the contract must be with a foreign company. Understand the options:

Work visa: gives foreigners the same labor rights as Brazilians;
Digital Nomad visa: ideal for those who work remotely for a foreign employer;
Business investor visa: designed for those interested in investing in Brazilian companies or start-ups and also gives you the right to a residence permit;
Real estate investor visa: another investment option, the purchase of real estate in Brazil, and a residence permit is also valid;
Researcher visa: ideal for foreign academic researchers interested in developing their research on Brazilian soil;
Volunteer visa: intended for foreigners interested in volunteering at any Brazilian non-profit institution;
Working Holiday: designed for young foreigners interested in working and studying in Brazil, specifically those from these countries: Australia, Canada, New Zealand and France;
Family Reunion: ideal choice for foreigners who want to reunite their family in Brazil, that is, bring their loved ones to the country, such as children, parents, spouses, or siblings.

Work visa for foreigners to work in Brazil

A work visa is more stable and secure because it puts foreign workers on the same level as Brazilians. In other words, it provides more secure labor rights.

However, it is more complex to obtain than others, because you need to have a contract with a Brazilian company before moving. In addition, you need:

Authorization from the Ministry of Labor before applying for the visa;
Fill out the Visa Application Form. To learn how to fill out the form, click here;
Receipt of Application Delivery (RER): When you finish the form, you must print and sign the Receipt of Application Delivery (RER), which will contain the protocol number. You also need a printed copy of your photograph, which must be pasted on the Receipt;
Submit the printed and signed Receipt, along with the original documents, to the Brazilian Consulate.

I’m already in Brazil and want to work. What should I do to regularize my status?

If you are a foreigner and want to work in Brazil, you must follow a regularization process to be able to work legally. In other words, since you are already in Brazil, it’s best to regularize your situation! I.e, it’s how can a foreigner work in Brazil. The process may vary depending on your nationality and specific situation.

But, in general, you must obtain or renew a temporary visa to guarantee your stay and to carry out any paid activity. In addition, you must obtain the CGI Authorization from the Ministry of Labor.

What are the risks of not regularizing my status?

The risks of not regularizing my status include fines and, eventually, deportation. Because, in reality, foreigners cannot work in Brazil with a tourist visa. In other words, to carry out any activity, you must obtain the correct visa or authorization for your situation.

How can a foreigner work in Brazil: Digital Nomad Visa

The Digital Nomad visa is for those who want the flexibility to live anywhere or spend their time traveling. It requires a minimum income and a contract with a foreign company. Therefore, you need to:

Have a prior contract with a foreign company (non-Brazilian);
Work can be done remotely, in technology or communications;
Prove a monthly income of USD1,500 or bank funds in the amount of USD18,000.

Family Reunion Visa

The Family Reunion visa is intended for foreigners who want to come to Brazil because they have a Brazilian or foreign relative with a residence permit in the country.

The people who have the right are:

Spouse or partner;
Child;
Father or mother of a Brazilian;
Mother or father of an immigrant with a residence permit;
Ascendant up to the second degree;
Descendant up to the second degree;
Sibling; or
A person who has a Brazilian under their guardianship, curatorship, or custody.

In addition, you must prove the existence of a bond between you and your relative who lives in Brazil, whether Brazilian or foreign with a residence permit.

Naturalized foreigners can work in Brazil

According to the Brazilian Constitution, naturalized Brazilians have the same rights as native-born Brazilians. There are only a few exceptions, such as political, public and military positions, for example.

Therefore, naturalized Brazilians can work in the country, especially since they have already proven their right to a residence permit in the naturalization process and have the necessary documents, such as a CPF.

Foreigners with a residence permit can work in Brazil

Foreigners with a residence permit have also undergone a prior assessment by the Brazilian Government and have the opportunity to work in Brazil, as well as reside in the country.

However, the foreigner’s documents must be up-to-date, such as the National Migration Registration Card (CRNM), the former RNE and the CPF, which regularizes the taxable person’s status in Brazil.

Business Investor Visa

The Business Investor Visa is aimed at those who want to invest in traditional companies or start-ups. In addition, it allows you to bring your family too, if you wish, by granting the foreigner a residence permit.

In short: the investment in a company (traditional or start-up) must be between R$150,000.00 and R$1,000,000.00 (depending on the area you want to invest in, such as technology or innovation).

Real Estate Investor Visa

The Real Estate Investor Visa also allows foreigners to reside in Brazil, as well as their family members. To do so, you must invest in real estate in the country, and in the North or Northeast, in urban areas, the minimum value is R$700,000.00 or, in other regions, R$1,000,000.000.

Researcher Visa

The Researcher Visa is ideal for students, researchers, professors, and professionals in academic fields who wish to travel to Brazil for the purpose of carrying out research, teaching, or academic extension activities. The stay period is 2 years.

The requirements are:

Supporting documentation proving the reason, such as a letter of acceptance from a university;
Valid passport;
Application form;
Recent photo;
Proof of financial resources, including scholarships you may receive.

Volunteer Visa

The Volunteer Visa allows foreigners to perform volunteer services in Brazilian non-profit organizations. The stay period is 1 year. However, remember that this visa does not grant the right to paid work, since it only allows for volunteer work.

In summary, you need:

Acceptance from the non-profit institution;
Be at least 18 years old;
Prove that you have the financial resources for the stay;
Other specific requirements may be required, such as proof of health insurance, criminal record certificates, valid passport, among others.

Working Holiday

The Working Holiday visa is aimed at young adults who wish to travel to another country for tourism purposes and, at the same time, work to cover their travel expenses. It is currently available to people from countries that are part of the program, which, in addition to Brazil, includes Australia, Canada, New Zealand and France.

You must meet the following requirements:

Be between 18 and 30 years old (or up to 35 years old in some countries);
Have a valid passport;
Have no dependents accompanying you on the trip;
Have sufficient financial resources to support yourself during the trip;
Have no significant criminal record;
Prove health insurance for the entire trip;
Be from one of the countries that are part of the program.

Care when choosing a visa, what you should consider

An assessment process before coming to Brazil is a smart way to avoid future problems. Therefore, check the reason for your visit, that is, the purpose of your trip. Therefore, check:

Purpose of travel to Brazil;
How long you need to stay in the country;
What documents are required for the correct visa;
Regularize your passport;
Gather financial proof of subsistence;
And in some cases, prepare for an interview at Brazilian Embassies or Consulates.

How can a lawyer help a foreigner with their strategy for working in Brazil?

A specialized lawyer understands Brazilian laws and types of visas, and also has direct contact with consulates and embassies. In other words, it’s easier to count on a qualified professional when choosing the right visa, since Brazil offers several types.

In addition, having help when gathering documents and filling out forms avoids additional expenses, such as applying for a visa again.

Therefore, keep in mind:

Make an estimated assessment of the time you need to stay in Brazil;
What are your goals in the country;
Provide your documents to the chosen lawyer;
Speak to a professional in advance, since visa deadlines can vary depending on the type and also the availability of embassies and consulates.

How a foreigner can work in Brazil

In a country as diverse as Brazil, the doors are open to foreigners who wish to contribute to the social and economic situation. However, the path to working legally requires understanding the visas available. Whether opting for a Work Visa, exploring the flexibility of the Digital Nomad Visa, or investing in the future with Investor Visas, each choice has its own particularities.

In addition, you must remember that regularization is the key to avoiding setbacks, since failure to comply with the rules can result in fines and even deportation. Choosing the right visa, aligned with personal and professional goals, is crucial.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post How can a foreigner work in Brazil? appeared first on Koetz International and Succession.

Brazil Investor Visa: Requirements and Process Explained

Eduardo Koetz — Fri, 13 Jun 2025 11:01:43 +0000

In recent years, Brazil has become an increasingly attractive destination for international investors, expatriates, and entrepreneurs. With a vast consumer market, abundant natural resources, and growing sectors such as agribusiness, technology, energy, and real estate, the country offers unique opportunities for those seeking to diversify their investments and expand their global presence. Among the various options for legal residency, the Investor visa for foreigners in Brazil — officially called the VIPER Visa (Visto Permanente para Investidor) — stands out as a straightforward pathway to permanent residency and, eventually, citizenship.

In this text, we’ll detail the requirements, investment options, costs, and application process for the Brazil Investor Visa, helping you understand how to turn your capital into residency in South America’s largest economy.

If you need legal assistance from our team, please message us on WhatsApp.

Can a US Citizen Move to Brazil?

Yes — US citizens can move to Brazil by obtaining the appropriate visa, and the Investor visa for foreigners in Brazil is one of the most strategic routes. Through this program, American investors can establish permanent residency in Brazil by making a qualifying investment in a Brazilian business, real estate, or priority sectors.

After securing permanent residency, US citizens enjoy the right to live, work, and travel freely within Brazil, as well as access to public services. Moreover, after four years of continuous residence, American citizens can apply for Brazilian citizenship. This period can be reduced to one year if married to a Brazilian citizen or having a Brazilian child.

What Are The Investment Options?

Brazil offers several qualifying investment opportunities for those seeking the Investor Visa. These options allow applicants to select the type of investment that best aligns with their financial strategy and personal interests.

Investing In A Legal Entity

One of the most popular routes is investing in a Brazilian company. The minimum required investment is R$500,000 BRL (approximately USD 100,000). The investor can either start a new business or acquire a stake in an existing company.

This option requires submitting a detailed business plan demonstrating how the investment will generate jobs, contribute to the local economy, or introduce innovation. The business can be in any legal sector, though priority industries such as technology, infrastructure, healthcare, and renewable energy may offer additional incentives.

Investing In A Specialized Industry

Investors who choose to fund priority sectors like innovation, science, and technology may benefit from a reduced minimum investment threshold of R$150,000 BRL (about USD 30,000). These industries are considered strategic for Brazil’s development, and the government actively encourages foreign capital in these areas.

Typical examples include biotechnology startups, agritech ventures, and clean energy projects. This route is ideal for investors looking to participate in Brazil’s dynamic startup ecosystem or contribute to sustainable initiatives.

Investing In Real Estate

Foreign nationals can also qualify for an Investor Visa by purchasing real estate in Brazil. The minimum property investment is R$700,000 BRL (approx. USD 140,000) in cities with lower Human Development Index (HDI) scores or R$1 million BRL (approx. USD 200,000) in higher HDI areas like São Paulo and Rio de Janeiro.

Properties can be residential, commercial, or for tourism purposes. Real estate investments remain one of the most stable and profitable sectors in Brazil, with strong rental yields in major cities and resort regions.

How Much Is an Investor Visa in Brazil?

The cost of an Investor Visa in Brazil depends on the type and amount of investment. The standard figures are:

R$500,000 BRL for general business investment;
R$150,000 BRL for investments in innovation and technology startups;
R$700,000 BRL to R$1 million BRL for real estate, depending on location;
Additional costs include legal fees, business registration, real estate taxes, and document processing, typically ranging from USD 5,000 to USD 15,000.

Aside from direct business or real estate investments, applicants may explore financial market options:

Stock Purchase

Although purchasing stocks in Brazilian companies is permitted for foreigners through the CVM (Brazilian Securities Commission), stock market investments alone currently do not qualify for the Investor Visa. The visa program prioritizes investments that contribute to the real economy — businesses, infrastructure, or real estate.

ETF and Mutual Fund Investments

Similarly, while foreigners can freely invest in ETFs and mutual funds on the Brazilian stock exchange (B3), these financial instruments are not eligible for residency through the investor visa. However, these remain excellent options for portfolio diversification while residing in Brazil on a different visa category.

Brazilian Real Estate

Real estate remains the most direct and secure option for qualifying under the investor visa. Properties can be new or existing, residential or commercial, and must be purchased outright in the applicant’s name. All transactions must be officially registered and the funds transferred through authorized financial institutions.

Is Brazil a Golden Visa for Real Estate?

Although Brazil does not officially use the term “Golden Visa,” its investor visa for real estate functions similarly to Golden Visa programs in countries like Portugal and Spain. By investing in Brazilian property above the established threshold, foreign investors can secure permanent residency.

This residency grants the right to live and work in Brazil, access public services, and apply for citizenship after the legal residence period. The program’s flexibility and relatively affordable investment requirements make it one of the most competitive options in Latin America.

Can I Get Residency In Brazil If I Buy a Property?

Yes — foreign nationals who purchase real estate meeting the minimum required value can apply for permanent residency under the investor visa category. The property must be in an urban area, and the funds must be legally transferred from abroad.

What Is the Process for Obtaining an Investor Visa and Permanent Residency?

Obtaining an Investor Visa in Brazil involves several legal and bureaucratic steps. Here’s a step-by-step overview of the process:

Choose the Investment Option

Decide whether you’ll invest in:

A Brazilian business;
A priority industry startup;
Real estate meeting the investment threshold.

Prepare a detailed business plan if opting for a company investment, or select suitable properties in the desired location if choosing real estate.

Transfer the Funds

Transfer the required funds via an authorized Brazilian bank. The transaction must be registered with the Brazilian Central Bank (RDE-IED system for foreign direct investment).

For real estate, funds must be used to purchase the property directly in the applicant’s name, with all transaction records and registration documentation provided.

Apply for the Investor Visa and Permanent Residency

Submit your application either at a Brazilian consulate abroad or directly to the Ministry of Justice in Brazil. Required documents typically include:

Valid passport;
Criminal background checks;
Proof of investment;
Bank transaction records;
Business plan (if applicable);
Real estate deeds (if applicable);
Proof of health insurance;
Proof of financial resources.

Upon approval, you’ll be granted permanent resident status and issued a Registro Nacional Migratório (RNM) card, the new CRNM, Brazil’s foreign resident ID.

Conclusion

The Investor visa for foreigners in Brazil represents an accessible and practical opportunity for international investors seeking to establish residency in one of the world’s most dynamic emerging markets. Whether through business ventures, real estate acquisitions, or investments in strategic sectors, Brazil offers a range of qualifying options tailored to different investor profiles.

With relatively moderate investment thresholds and the advantage of permanent residency from the outset, the program appeals to entrepreneurs, retirees, and global investors alike. Additionally, Brazil’s path to citizenship is transparent, offering foreign nationals the chance to become full Brazilian citizens after four years of legal residence.

For US citizens and other global investors, Brazil stands out as an attractive destination combining economic potential, quality of life, and legal security for foreign investments.

If you need legal assistance from our team, please message us on WhatsApp.

The post Brazil Investor Visa: Requirements and Process Explained appeared first on Koetz International and Succession.

Illegal foreigner in Brazil: how to regularize?

Eduardo Koetz — Thu, 12 Jun 2025 18:59:16 +0000

The condition of irregularity arises when individuals exceed the period permitted by their visas, do not renew residence permits, or fail to comply with the conditions inherent to their immigration status. Today, we will understand the situation of illegal foreigner in Brazil, how to regularize their status, and also what options the Brazilian Government offers for the regularization of foreigners.

If you would like legal assistance from our team, send us a message on WhatsApp.

Who is an illegal foreigner in Brazil?

An illegal foreigner in Brazil is someone who is in the country without the proper legal authorization to stay.

In other words, for being in Brazilian territory:

For a period longer than the period permitted by a tourist visa;
No longer having the grounds that gave rise to the granting of the visa;
Not having obtained the renewal of their residence visa;
Not being in compliance with the conditions of their visa;
Or for other reasons that place them in an irregular situation according to Brazilian immigration laws.

List of situations in which a foreigner may be in Brazil illegally

Having an expired tourist visa: staying in Brazil after the tourist visa has expired or exceeding the permitted period of stay;
Expired student visa: staying in the country after the student visa has expired or no longer meeting the study conditions;
Expired work visa: continuing to work in Brazil after the work visa has expired, without an employment relationship with the employer or without a work permit;
Illegal entry: entering Brazil without going through immigration control procedures, such as crossing the border illegally;
Rejected refugee status: having an application for refugee status denied by the National Committee for Refugees (CONARE) and remaining in Brazil;
Unauthorized family reunion: arriving in Brazil to reunite with family members, but without a residence permit or visa based on family reunion, or also no longer having a bond with the family member in question, as in the case of divorce, for example;
Lost Migration Document: losing the migration document (CRNM: National Migration Registration Card) or not renewing it;
Working without authorization: working in Brazil without the proper work authorization;
Late registration: failing to comply with the deadline established for registration in the country after arrival;
Immigration violations: committing other violations of immigration laws, such as providing false information or failing to meet specific requirements;
Loss of permanent residence status: losing the permanent residence status due to not meeting the established conditions. In other words, the foreigner loses the right to live in Brazil and becomes illegal.

How can an illegal foreigner regularize their status in Brazil?

To begin the regularization process, the foreigner must first contact the Federal Police or the Brazilian Immigration Department to obtain specific information about the requirements and procedures in their case.

It’s important to remember that regularization can be a lengthy process and, in some cases, it may be necessary to rely on the assistance of an immigration lawyer to navigate the legal system.

In addition, immigration laws and procedures can change over time, so it is essential to verify the most recent and accurate information with the appropriate authorities or through legal assistance.

What happens to an immigrant who is illegally in Brazil?

Foreigners who are in an irregular situation in Brazil may face several consequences, which may vary depending on their individual circumstances and the immigration policies in force. Some possible consequences for an irregular immigrant in Brazil include:

Paying a fine and eventually being deported: in addition to deportation to their country of origin, irregular immigrants may be subject to fines or other administrative penalties;
Restrictions on access to services and opportunities: foreigners in an irregular situation may have difficulty accessing public services, such as health and education, and face limitations in the job market, since many employers require a valid work permit;
Ineligibility for residency benefits: immigrants in an irregular situation, in general, cannot benefit from immigrant regularization programs offered by the Brazilian Government, such as amnesties or temporary residency programs;
Difficulties in renewing visas: if a foreigner wishes to regularize their situation or renew their visa after having been in an irregular situation, they may face significant difficulties and delays.

What happens if a foreigner stays in Brazil for more than 90 days?

A foreigner staying in Brazil for more than 90 days without proper authorization is a violation of Brazilian immigration laws.

The 90-day period is associated with the tourist visa, which allows entry and stay in Brazil for up to 90 days in every 180-day period.

If a foreigner stays in Brazil beyond this period without proper authorization and without having renewed the visa for another 90 days, when permitted, he or she will be in an irregular situation and subject to several possible consequences. This includes paying a fine that can reach up to R$10,000.00 for 100 days or more.

What are the risks of being an illegal immigrant in the country?

According to the new Migration Law of 2017, the risks of being an illegal immigrant in the country include numerous aspects. Here they are:

The entry of foreigners into Brazil without the proper travel or residence authorization will result in their status as irregular. In this scenario, the Federal Police Department can order deportation. However, a period is granted for regularization, and if this action is not carried out within the established period, deportation becomes effective.

If a foreigner remains in Brazil with an expired immigration document, he or she will be subject to fines. These fines are applied daily, starting from the date on which the individual should have left the country, culminating in deportation, which is not automatic, with full defense and adversarial proceedings contemplated.

Upon arriving in Brazil, immigrants have a period to register in the country, which is 90 days in the case of a temporary visa and 30 days in the case of a residence permit. If, for any reason, this deadline is not respected, the individual will be in an irregular situation and will be subject to fines, as seen above.

How to regularize an expired tourist visa?

Firstly, if the visa expires, the foreigner will be notified by the Federal Police to leave the country voluntarily or regularize their immigration status within 60 days, in accordance with Brazilian law.

To regularize an expired tourist visa, you can extend your stay in Brazil. Therefore, you need to fill out a form and pay the Request for Extension of Stay Fee, which is equivalent to R$110.44.

Some Federal Police units, especially in the city of São Paulo, do not require appointments in advance, but you should check with your nearest unit.

How to regularize an expired student visa?

To regularize an expired student visa, go to a Federal Police unit, with a completed form and pay the fee.

In addition, you must prove your affiliation with a university to be eligible for a student visa in Brazil.

How to regularize an expired work visa?

To regularize an expired work visa, the standard procedure of paying the fee and filling out the form applies. However, you must have an up-to-date relationship with your employer to be able to regularize this type of visa.

In fact, the procedure for regularizing immigration is highly specific and varies according to the intention and nationality of the foreigner in question. Therefore, the Federal Police will provide guidance on the steps and documentation required, depending on the case.

How to regularize illegal entry into Brazil?

To ensure that your stay in Brazil is legal, avoiding possible deportations and fines, foreigners must follow the procedure for obtaining a residence permit in Brazil. They must also be regularized with the CRNM, the foreigner’s identity card in Brazil, and the old RNE.

Foreigners intending to establish residence in the country should be aware that there is a 90-day deadline to complete this authorization process and, thus, regularize their situation in Brazil.

If you do not intend to live in Brazil, you must seek a visa appropriate for your stay, such as tourism, work, academic research, family reunion, etc.

How to regularize someone who has had their refugee application denied?

Before regularizing the refugee application denied, be aware that when an asylum application is denied, it means that the applicant did not meet the criteria to be recognized as a refugee. In this case, the person generally does not have a legal immigration status in the country.

However, you can seek help from a specialized lawyer to reverse your refugee immigration status in Brazil or even seek other types of visas that better suit your specific desire.

How to regularize someone who has entered with unauthorized Family Reunion?

To regularize someone who has entered with unauthorized Family Reunion, you must pay attention to the type of relationship you have with the applicant, that is, who is residing in Brazil. In other words, be careful not to be an illegal foreigner in Brazil!

The applicant (foreigner who is abroad and will come to reunite with a family member) must have a proven relationship to be entitled to this specific visa.

If the relationship is not well proven or no longer exists, the visa may be denied or even revoked.

What to do with a lost Migration Document?

In the case of a lost Migration Document, you must request a second copy as soon as possible. In short, the steps are:

With the necessary documentation (access the documents by clicking here), fill out the form and pay the issuance fee;
Schedule an appointment at the Federal Police unit;
Go to the Federal Police unit;
Receive the National Migration Registration Card.

How to regularize your situation in case of unauthorized work?

Working without authorization in Brazil can result in deportation, fines and other penalties. Therefore, to regularize your situation in case of unauthorized work, seek documents that prove your employment relationship in Brazil. Yes, illegal foreigners in Brazil face all these possible penalties.

In other words, you must have a contract with a company that operates in Brazil.

What to do when you register late?

With late registration, you may be fined by the Brazilian Government for not being in Brazil legally. In other words, as an illegal foreigner in Brazil, you will suffer the consequences.

Therefore, regularize your situation as soon as possible, by paying fees or consult a lawyer specialized in immigration situations in Brazil. Depending on the specific case, it is also possible to request an administrative defense with the federal police, in order to reduce the amount of the fine imposed.

How to resolve the situation of a foreigner who has committed immigration violations?

The situation of a foreigner who has committed immigration violations in Brazil can be complex and requires a careful approach to resolve. In other words, the resolution depends on the nature of the violations and the individual circumstances.

Therefore, understand the nature of the violations committed, such as illegal entry, staying after the expiration of a visa or working without authorization. Each violation may have a specific resolution process.

Depending on the circumstances and nature of the violations, there may still be visas or residence permits for the foreigner to regularize their situation in Brazil.

If you wish, seek a professional qualified in immigration law to assist you fully.

What are the alternatives for regularization in the event of loss of permanent residence status?

If a foreigner has lost their permanent residence status, due to not meeting the requirements or for other reasons, there may be alternatives for attempting regularization.

Depending on the circumstances and the reason for the loss of permanent residence, you may be eligible to apply for a new permanent residence application. However, you must meet the requirements established by the Brazilian immigration authorities.

And, if you are interested, do not hesitate to seek your rights with the help of a specialist lawyer! In other words, irregular foreigners in Brazil and how to regularize their status are possible procedures.

How can a lawyer help regularize an illegal foreigner in Brazil?

An immigration lawyer can play a crucial role in assisting an irregular foreigner in Brazil and how to regularize their situation. For example:

Assessment of the situation: the lawyer can assess the specific situation of the foreigner to determine the best approach for regularization, based on factors such as nationality, immigration history and reason for irregularity;
Selecting the best option: based on the assessment of the situation, the lawyer can advise the foreigner on the options available for regularization, such as applying for a work visa, a marriage visa, refugee status or other suitable options;
Documentation and preparation: the professional can assist in the collection and preparation of all the necessary documentation to submit an application for regularization, including forms, certificates, financial statements and other documents required by the immigration authorities;
Assistance in submitting documents: the lawyer can assist the foreigner in submitting documents to the appropriate authorities, ensuring that the application is complete and in compliance with regulations;
Monitoring the process: the lawyer can monitor the progress of the regularization application and deal with any correspondence or additional requests from the immigration authorities;
Legal defense: in situations where the foreigner is facing deportation proceedings, the lawyer can act as a legal advocate, seeking to protect the individual’s rights and presenting arguments in their favor before the competent authorities;
Negotiation and appeals: if the regularization application is denied, the lawyer can assist in negotiating appeals or filing legal appeals to challenge the decision.
Maintaining compliance: once regularization is obtained, the lawyer can advise the foreigner on how to maintain compliance with immigration laws, renew visas or residence permits, and comply with the conditions of the legal situation.

Undocumented foreigners in Brazil: how to regularize their status?

In conclusion, undocumented foreigners in Brazil face complex challenges, involving several factors that can lead to irregularity, such as visa expiration and immigration violations. The consequences for those in this situation can include fines, such as restrictions on access to services and opportunities, ineligibility for residency benefits, and difficulties in renewing visas.

In addition, it’s crucial to understand how to conduct regularization effectively, considering changes in immigration procedures and laws over time. Collaboration with specialized professionals and careful monitoring of the process are essential steps to ensure that undocumented foreigners in Brazil can reach a positive resolution and maintain compliance with local regulations.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post Illegal foreigner in Brazil: how to regularize? appeared first on Koetz International and Succession.

How to obtain an ID card for foreigners in Brazil?

Eduardo Koetz — Wed, 11 Jun 2025 11:48:00 +0000

Many people have questions about how to obtain an ID card for foreigners, as well as the main rights and duties that Brazil offers and demands. In this text, you will see the difference between an ID card and an RNE, what the main characteristics are, and how a foreigner can remain legally in the country and even become a naturalized citizen.

Check it out!

If you would like legal assistance from our team, send us a message on WhatsApp.

ID for foreigners in Brazil

In Brazil, the General Registry (RG) is a personal identification document issued by the Public Security Secretariat of each state or by the Federal Police Department.

Although the RG is intended for Brazilians, foreigners residing in Brazil can obtain an equivalent identification document, called the National Foreigner Registry (RNE), the actual CRNM. Remember that in the case of naturalized Brazilians, the correct document is the RG, like any native Brazilian. In other words, how to obtain an RG for foreigners depends on the specific situation of the person!

The RNE is an identification document for foreigners living in Brazil for an extended period, such as foreign students, refugees, permanent residents and others. In addition, it is issued by the Federal Police, the authority responsible for immigration in Brazil.

What is the difference between an ID card and an RNE?

The main difference between an ID card and an RNE is that they are documents for different people. Although both are identification documents, the ID card was made for Brazilian citizens, while the RNE is an identification document issued to foreigners who reside in Brazil for an extended period.

In addition, each document serves specific purposes and is issued by different authorities in the country: the ID card is issued by the Public Security Departments of each state in Brazil, and the RNE is issued by the Federal Police.

Do foreigners have an ID card?

Foreigners who have permanent residence in Brazil can obtain a National Foreigner Registry (RNE) instead of a Brazilian General Registry (RG). The RNE is the identification document intended for foreigners legally residing in Brazil and can be obtained by any foreigner who is legally in the country.

Can people with RNE get an ID card?

Yes, foreigners who have RNE can apply for a Brazilian ID card when they become naturalized. Obtaining an ID card is optional for foreigners who already have RNE, and is not a requirement, but it can be useful in some practical day-to-day situations.

However, the issuance of an ID card for foreigners with RNE depends on the specific policies of each Brazilian state, since the issuance of an ID card is the responsibility of the state Public Security Departments. Therefore, the rules and procedures may vary from one state to another.

What do you need to get an ID card as a foreigner?

To get an ID card for foreigners, you must actually apply for an RNE at the Federal Police. To do so, you must follow the following steps:

Be in Brazil legally, according to your specific situation;
Schedule an appointment with the Federal Police, via the website;

In addition, you must present the necessary documentation, which may include:

Valid passport;
Proof of legal entry into Brazil;
Completed application form;
Proof of residence in Brazil;
Recent 3×4 photo;
Payment of application fee.

And wait for the application to be processed, which may take a few weeks.

Can people with RNE get a CPF?

Yes, foreigners who have or do not have RNE can apply for the issuance of the Individual Taxpayer Registry (CPF) in Brazil. The CPF is a tax identification number that allows foreigners residing in Brazil to carry out various financial and commercial transactions in the country, such as opening bank accounts, for example.

How do I regularize my status in Brazil?

Regularization in Brazil depends on your immigration status and your specific situation. In other words, you may be a tourist, student, permanent resident, refugee, among others. The type of visa or authorization you have will determine the necessary regularization procedures. This includes how to obtain an “RG” for foreigners, the RNE. And how to obtain an ID card for foreigners.

If you are in Brazil with a temporary visa, you must respect the validity periods, and you must request the renewal before it expires to avoid legal problems. In general, requesting it 90 days before the visa expires is sufficient.

Another important step is to ensure that, if you are a foreigner residing for a longer period in Brazil, your National Foreigner Registry (RNE) is up-to-date and within the validity period.

In addition, if you wish to work in Brazil, you must request a work permit from the Ministry of Labor, in addition to a prior contract with a Brazilian company.

Finally, if you have any questions or face specific challenges when trying to regularize your situation in Brazil, you can consult an immigration lawyer. Qualified professionals can offer specific guidance for your situation.

If you would like legal assistance from our team, send us a message on WhatsApp.

How do I become a Brazilian citizen?

Naturalization is the process by which a foreigner obtains Brazilian citizenship. Brazilian citizenship grants you the same rights and duties as a natural-born Brazilian citizen. To become a Brazilian citizen, you usually need to meet certain requirements and go through a process. Furthermore, obtaining an ID card for foreigners is a right of naturalized Brazilians.

In addition, Brazil offers different types of naturalization, and you should evaluate your specific situation to understand the best option!

After meeting the requirements and gathering the necessary documentation, you must submit a naturalization application to the Brazilian Ministry of Justice and Public Security.

Should I get an ID card for foreigners or RNE on my own or with a lawyer?

Well, it depends!

If your immigration situation is relatively simple and straightforward, and you clearly meet all the requirements, it may be possible to handle the application for an ID card or RNE on your own, i.e. how to obtain an ID card for foreigners. Such as getting an ID card for foreigners, for example. However, if there are any complexities, such as specific visas, special circumstances or legal challenges, the guidance of an experienced immigration lawyer can be valuable.

Even if the situation seems simple on the surface, only a specialized lawyer knows the Brazilian laws, regulations for foreigners and can facilitate the organization of documents, as well as the entire procedure!

In addition, immigration laws can change over time. An immigration lawyer will be up-to-date on changes in legislation and regulations, which can be helpful in ensuring that your application is made in accordance with the most recent laws.

If there is a need to communicate with immigration authorities or other government agencies, a lawyer can act as an intermediary, facilitating the process.

What are the advantages and disadvantages of having a lawyer to regularize my status in Brazil?

The advantages and disadvantages of having a lawyer to regularize my status in Brazil are:

Advantages: Specialized knowledge, detailed analysis of your specific case, organization of documentation, communication with Brazilian authorities and agencies, greater peace of mind when dealing with bureaucracy and increased chances of success.

Disadvantages: hiring a lawyer is a paid service, and fees may vary depending on the complexity of your situation.

What are the advantages and disadvantages of having a lawyer to naturalize my status as a Brazilian?

The advantages and disadvantages of having a lawyer to naturalize my status in Brazil are:

Advantages: organizing the documentation effectively is important, since the Brazilian Government does not accept multiple attempts to request naturalization. Therefore, having a professional who makes an assertive request can help you save time and money!

Disadvantages: Like any contracted service, the lawyer requires fees.

How to obtain an ID for foreigners

In conclusion, we have seen that obtaining identification documents in Brazil for foreigners is a crucial process, which involves specific situations. The difference between the General Registry (RG) and the National Registry of Foreigners (RNE) is fundamental. Each document has specific purposes and is issued by different authorities. In other words, we have been able to understand how to obtain an ID for foreigners and the difference between the RNE and the RNE.

The possibility of a foreigner obtaining an ID, especially after acquiring the RNE, highlights the flexibility of the system, although policies vary between Brazilian states. Regularization in the country, whether for reasons of study, work, or permanent residence, requires a careful understanding of the current legislation and specific actions, such as visa renewal.

Therefore, opting for naturalization, granting the rights of Brazilian citizenship, is a significant step. It requires attention to specific requirements and the proper presentation of documents to the Ministry of Justice and Public Security.

The decision to seek legal assistance, whether for obtaining documents or naturalization, has notable advantages, such as specialized knowledge and facilitation of the bureaucratic process, although it is subject to additional costs.

Ultimately, the journey of a foreigner seeking regularization in Brazil is marked by complexity, and the decision to involve a lawyer will depend on the specific nature of your situation. In any case, regardless of the path you choose, a thorough understanding of the procedures and seeking guidance from an expert are essential to ensure a smooth and legal transition in the country.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post How to obtain an ID card for foreigners in Brazil? appeared first on Koetz International and Succession.

Housing in Brazil: How does it work? A guide for immigrants

Eduardo Koetz — Mon, 09 Jun 2025 14:45:41 +0000

In this text, we will explore the main housing regulations in Brazil, as well as how rentals work throughout the country. You will also see how to rent a property in Brazil and buy a property in Brazil, which may be a big dream of yours at the moment!

Stay with me to learn more details and see what are the best ways to live in the country.

If you would like legal assistance from our team, send us a message on WhatsApp.

What are the housing options for immigrants in Brazil?

There are several housing options for immigrants in Brazil, depending on a variety of factors such as location, budget, and personal preferences.

Renting an apartment or house: This is a popular option for many immigrants. There are different types of units available for rent in urban and rural areas, varying in size, amenities, and price;
Bed and breakfasts or rooms for rent: Many people offer rooms in their homes for rent, which can be a more affordable option and provide a sense of community;
Student residences: For immigrants who are coming to Brazil to study, universities often offer student residence options;
Hostels and hostels: For temporary or short-term stays, hostels, and hostels can be an affordable and convenient option;
Shared housing: Some immigrants choose to share a house or apartment with other individuals to reduce housing costs;
Social housing programs: In some Brazilian cities, there are social housing programs that offer subsidized housing to low-income families, including immigrants who qualify;
Temporary housing: For newcomers who are still settling in, there are services and organizations that offer temporary housing until they can find permanent housing.

How can foreigners rent property in Brazil?

Foreigners can rent property in Brazil by following some specific steps and requirements, that is, to obtain housing in Brazil:

Documentation: Foreigners usually need to provide documents such as a valid passport, CRNM, and a residence visa or work visa, depending on the situation. Some landlords may ask for proof of income or references;
Guarantor or guarantees: Some landlords may require a Brazilian guarantor or other forms of guarantee, such as a security deposit or insurance bond, to ensure compliance with the rental agreement;
Negotiating the contract: Once the desired property has been selected, the foreigner must negotiate the terms of the rental agreement with the landlord or real estate agent. This includes details such as the rental amount, lease term, responsibilities of the parties involved, and termination conditions;
Payment of rent and charges: Payment of rent and associated charges is typically made monthly, according to the terms of the contract. Foreigners should make sure they understand how and when these payments are to be made.

Are there any restrictions on foreigners renting property?

In Brazil, there are no specific restrictions on foreigners renting property. In other words, obtaining housing in Brazil. However, there are some requirements and procedures that foreigners must comply with, which are similar to those required for Brazilian citizens, such as documentation, proof of income and sometimes a guarantor.

What is the average cost of rent in Brazil?

The average cost of rent in Brazil varies according to the months and years. However, in 2023, there was a 9.24% increase in the first half of the year, according to data from the FipeZAP+ Index.

In addition, the cost of rent in Brazilian capitals tends to be higher than the national average, with significant variations between them. For example, cities such as São Paulo, Rio de Janeiro and Brasília tend to have higher rents than other capitals.

The South and Southeast regions of Brazil tend to have the highest rents, while the North and Northeast regions tend to have lower costs.

Here is the table with the cities and their respective average rental values per square meter (R$/m²), according to the FipeZAP Index:

City	R$/m²
Barueri (SP)	R$ 59,06
São Paulo (SP)	R$ 51,62
Florianópolis (SC)	R$ 49,81
Recife (PE)	R$ 47,78
Santos (SP)	R$ 45,50
Rio de Janeiro (RJ)	R$ 45,10
Brasília (DF)	R$ 40,57
São José (SC)	R$ 37,88
São José dos Campos (SP)	R$ 37,85
Belo Horizonte (MG)	R$ 36,76
Curitiba (PR)	R$ 36,17
Goiânia (GO)	R$ 36,07
Campinas (SP)	R$ 34,87
Praia Grande (SP)	R$ 34,82
Santo André (SP)	R$ 34,05
Guarulhos (SP)	R$ 33,52
Salvador (BA)	R$ 33,10
Porto Alegre (RS)	R$ 31,67
São Bernardo do Campo (SP)	R$ 29,76
Joinville (SC)	R$ 28,39
Fortaleza (CE)	R$ 28,36
Niterói (RJ)	R$ 26,81
Ribeirão Preto (SP)	R$ 23,82
São José do Rio Preto (SP)	R$ 21,83
Pelotas (RS)	R$ 17,59

Housing in Brazil: How does the rental agreement system work in the country?

In Brazil, the rental agreement system can vary slightly depending on the preferences of the landlord and tenant, but generally involves some common options for guaranteeing payment and compliance with the contract.

Guarantor: A guarantor is a person who agrees to assume the financial responsibilities of the rental agreement if the tenant fails to fulfill their obligations, such as paying the rent. The guarantor must own property and prove sufficient income to be accepted as a guarantee;
Surety bond insurance: Surety bond insurance is a service offered by insurance companies in which the tenant pays an annual amount to guarantee the rental. If the tenant fails to fulfill their obligations, the insurance company is called to cover the costs, including the payment of the rent;
Security deposit: The tenant can offer a security deposit, which is an amount of money usually equivalent to three times the amount of the rent. This deposit is kept by the landlord during the term of the contract and can be used to cover damages to the property or to pay rent arrears, should they occur;
Guaranteed rent: Some real estate agencies offer guaranteed rent services, in which they assume the risk of tenant default in exchange for an additional fee. If the tenant fails to pay the rent, the real estate agency is responsible for covering the costs and taking any necessary legal action;
Reference letter: In some cases, especially for foreigners or people without proof of income in the country, the landlord may accept a reference letter from an employer or other reliable source as a guarantee of payment.

What are the best areas to rent a property in Brazil?

The best areas to rent a property in Brazil can vary depending on individual preferences, employment opportunities, infrastructure needs and desired quality of life. However, some areas are known for offering a good quality of life, access to essential services, safety and job opportunities.

São Paulo: As the largest city in Brazil, São Paulo offers a wide variety of employment opportunities, a vast array of leisure, cultural and entertainment options, as well as a well-developed infrastructure. Neighborhoods such as Itaim Bibi, Vila Madalena, Moema and Jardins are highly sought after;
Rio de Janeiro: Known for its stunning beaches, natural landscapes and vibrant lifestyle, Rio de Janeiro is a popular choice for many. Neighborhoods such as Ipanema, Leblon, Copacabana and Botafogo are highly desired;
Florianópolis: Located in the state of Santa Catarina, Florianópolis is famous for its paradisiacal beaches, pleasant climate and high quality of life. Neighborhoods such as Centro, Beira Mar Norte, Jurerê Internacional and Lagoa da Conceição are highly sought after;
Brasília: As the capital of Brazil, Brasília offers a good quality of life, a well-planned infrastructure and several job opportunities, especially in the public sector and in government-related companies. Neighborhoods such as Asa Sul, Asa Norte and Lago Sul are popular;
Belo Horizonte: Capital of the state of Minas Gerais, Belo Horizonte is known for its culture, gastronomy, and quality of life. Neighborhoods such as Savassi, Funcionários, Lourdes and Anchieta are highly sought after.

In addition to these, other cities such as Curitiba, Porto Alegre, Recife, Salvador, Manaus, among others, also offer good housing options and job opportunities in various sectors.

What are the short-term rental options?

There are numerous short-term rental options available in Brazil to meet the needs of those looking for a temporary stay.

These include websites that specialize in offering properties, hotels, hostels, guesthouses, and even residents who rent out part of their homes or rooms.

Are there government housing assistance programs for immigrants in Brazil?

In Brazil, there are government housing assistance programs that can benefit immigrants, although eligibility may vary depending on the specific program and the individual’s immigration status.

Minha Casa, Minha Vida (MCMV) Program: This is a federal government program that aims to facilitate access to decent housing for low-income families;
Social Rent: Some Brazilian municipalities offer social rent programs for families in situations of social vulnerability or that have been affected by natural disasters;
Municipal Housing Programs: In addition to federal programs, many Brazilian municipalities have their own housing programs aimed at providing affordable housing for their residents. Some of these programs may include the construction of housing complexes, rent subsidies, or facilitated financing for homeownership. Immigrants who are legal residents in Brazil may be eligible to participate in these programs, as long as they meet the criteria established by the municipality.

However, you should be aware that eligibility to participate in these programs may be subject to different criteria, including family income, socioeconomic status and immigration status.

How can foreigners buy property in Brazil?

For foreigners to buy property in Brazil, the person must have a valid CPF (Brazilian Individual Taxpayer Registry) registered in the country. To obtain the document, the foreigner must fill out a form with the Federal Revenue Service, presenting their passport or National Foreigner Registry (RNE), the current CRNM.

Housing in Brazil: is buying property in Brazil difficult?

Buying property in Brazil can be a challenging process, but not necessarily difficult, especially if you are well informed and have the appropriate assistance.

Documentation and bureaucracy: The process of buying property in Brazil involves a significant amount of documentation and bureaucratic procedures. This may include obtaining personal documents, such as a CPF, analyzing property documents, signing contracts and registering the property at the property registry office. Although it may seem complex, having the guidance of a specialized lawyer and a real estate agent can make this process easier;
Restrictions for foreigners: Foreigners who wish to buy property in Brazil may face some restrictions, especially in the case of rural properties or in areas considered to be of national security concern. Therefore, you should be aware of these restrictions and follow applicable legal procedures, such as obtaining prior authorization from the National Council of Justice, if necessary.

What are the best regions to buy a property in Brazil?

Choosing the best region to buy a property in Brazil can vary according to personal tastes and intentions. In other words, to rent a property in Brazil and/or buy a property in Brazil, you need to analyze what is most important to you. However, some stand out, including in terms of quality of life and a booming real estate market, according to the FipeZap Index:

Balneário Camboriú – Santa Catarina;
Itajaí – Santa Catarina;
Itapema – Santa Catarina;
Florianópolis – Santa Catarina;
São José – Santa Catarina;
Vitória – Espírito Santo;
Vila Velha – Espírito Santo;
São José dos Pinhais – Paraná;
São Bernardo do Campo – São Paulo;
Contagem – Minas Gerais;
Campo Grande – Mato Grosso do Sul;
Goiânia – Goiás;
Maceió – Alagoas.

Are there any restrictions on foreigners purchasing property in the country?

Yes, there are some restrictions on foreigners purchasing property in Brazil. The main restrictions are related to the acquisition of rural properties and properties located in areas considered to be of national security, such as border areas. Therefore, be careful when renting property in Brazil or buying property in Brazil, specifically in these areas:

Rural Properties: According to Brazilian law, foreigners who do not reside in Brazil or foreign companies cannot acquire rural properties with an area greater than certain limits established by law. In addition, even in smaller rural properties, the acquisition by foreigners may be subject to prior authorization from the National Institute of Colonization and Agrarian Reform (INCRA);
National Security Areas: Foreigners may also face restrictions on acquiring properties in areas considered to be of national security, such as border areas. In these regions, the acquisition of property by foreigners may require prior authorization from the National Council of Justice (CNJ) and/or other competent authorities.

What are the options for purchasing high-end properties and condominiums?

In Brazil, there are a variety of options for purchasing high-end properties and condominiums, which offer comfort, security and exclusive amenities.

High-End Apartments: In large cities such as São Paulo, Rio de Janeiro and Brasília, there is a wide range of luxury apartments located in upscale neighborhoods and valued areas. These apartments generally offer large spaces, high-quality finishes, modern infrastructure and a series of services and facilities, such as leisure areas, swimming pools, gym, 24-hour security and even concierge services;
Houses in Gated Communities: Gated communities are a popular option for those seeking security, privacy and quality of life. These developments generally offer spacious homes, designed with a high standard of finish and integration with nature. In addition, the condominiums usually have a wide range of leisure infrastructure, such as clubs, sports courts, green areas, trails and monitored security;
Residential Resorts: In some tourist regions of Brazil, such as coastal and mountainous areas, you can find residential resorts that offer high-end properties integrated into a hotel complex. These resorts usually include high-end houses, apartments or villas, as well as a wide range of services and amenities, such as spas, restaurants, swimming pools, sports and recreational activities, providing an exclusive lifestyle experience.

What are the real estate financing options for foreigners?

Real estate financing options for foreigners in Brazil may vary depending on the bank or financial institution, as well as the individual’s immigration status. In other words, to rent a property in Brazil or buy a property in Brazil, you need to follow some rules:

Direct Financing with Banks: Some banks in Brazil offer real estate financing to foreigners, subject to certain conditions. Generally, the foreigner must have permanent residence in Brazil or a valid work visa. The bank may request additional documentation, such as proof of income, credit history and passport;
Financing through Government Programs: Some government real estate financing programs, such as the Minha Casa, Minha Vida Program, may be open to foreigners with permanent residence in Brazil. However, it is important to check the specific eligibility criteria of each program;
Financing through International Banks: Some foreigners choose to obtain real estate financing through international banks, using external resources to purchase properties in Brazil. In this case, you should pay attention to the exchange rates and loan conditions;
Financing through Construction and Real Estate Developers: Some construction and real estate developers offer direct financing options for the purchase of units in real estate developments. These financing options may be more flexible in terms of requirements, but are generally only available for properties under construction or newly built;
Financing through Brokers and Specialized Consultants: Some real estate brokers and specialized consultants offer advisory services to foreigners interested in purchasing property in Brazil, including the search for financing options that are appropriate to their needs and profile.

What are the home insurance options available?

The home insurance options available vary from provider to provider. However, foreigners must have the necessary documents and legal immigration status in Brazil in order to use the service.

Housing in Brazil

Now you know the main rules for housing in Brazil, as well as the main ways to pay rent and the main Brazilian cities most sought after for housing. You can also understand how to rent a property in Brazil and buy a property in Brazil.

In addition, you have learned more about the Index that measures the price of rent in Brazil and the main options, including government programs, such as Minha Casa Minha Vida.

If you would like legal assistance from our team, send us a message on WhatsApp.

The post Housing in Brazil: How does it work? A guide for immigrants appeared first on Koetz International and Succession.

Staying in Brazil by Buying Property: Is It Possible?

Eduardo Koetz — Mon, 02 Jun 2025 15:16:48 +0000

Brazil is increasingly becoming a destination of interest for foreigners seeking to invest in property and establish long-term residence in a country known for its natural beauty, rich culture, and expanding economic opportunities. With relatively affordable real estate prices compared to many Western countries and a residence permit program linked to property investment, Brazil offers a compelling pathway for those aiming to stay legally in the country. Many expatriates and investors wonder: Is it possible to stay in Brazil by buying property? The short answer is yes — under certain conditions.

In this comprehensive text, we’ll explore how you can legally obtain residency in Brazil through property ownership, the steps involved, how much you need to invest, and the benefits this option offers for long-term living in the country.

If you need legal assistance from our team, please message us on WhatsApp.

Can I Get Residency in Brazil if I Buy a Property?

Brazil offers a residence permit for foreigners who invest in real estate. The Brazilian government allows non-citizens to apply for a permanent residence visa if they purchase property in an urban area of Brazil, provided that the investment meets the required financial threshold.

The National Immigration Council’s Normative Resolution No. 36/2018 regulates this program, which is often compared to Golden Visa schemes offered in countries like Portugal and Spain. This residence permit enables the foreign investor to live, work, and travel freely within Brazil and potentially pursue Brazilian citizenship after four years of continuous residency.

How Can I Stay in Brazil Permanently?

Staying in Brazil permanently through property ownership involves several key steps, from property selection to visa application and eventual naturalization. Below, we outline the process in detail:

Find the Property

The first step is identifying a suitable property in Brazil that meets your personal preferences and the program’s financial criteria. The property can be residential, commercial, or mixed-use, provided it is located within an urban area.

Popular destinations for foreign investors include:

São Paulo and Rio de Janeiro for business and urban living;
Fortaleza, Natal, and Salvador for beachfront properties;
Florianópolis and Gramado for tranquil and scenic settings.

Conduct Due Diligence

Before proceeding with a purchase, it’s essential to conduct legal and financial due diligence:

Verify the legal status of the property;
Confirm that the seller has clear title;
Check for outstanding taxes or debts;
Ensure compliance with municipal regulations.

Engaging a licensed real estate attorney in Brazil is highly recommended to handle the legal aspects of the transaction and protect your investment.

Purchase the Property

After confirming the property’s legal status, you can proceed with the purchase. Foreigners must obtain a CPF number (Cadastro de Pessoa Física) from the Brazilian Federal Revenue Service — a tax identification number required for any financial transaction in Brazil, including real estate purchases.

Funds for the purchase must be transferred from abroad through a licensed Brazilian bank and registered with the Central Bank of Brazil via the RDE-IED system (Electronic Declaratory Registration for Direct Foreign Investment).

Apply for Residency

Once the property purchase is complete, you can apply for the Investor Visa through Brazil’s Ministry of Justice or a Brazilian consulate abroad. Required documents include:

Proof of property purchase;
Official property registration;
Proof of payment and fund transfer;
Clean criminal background check;
Valid passport and CPF.

Immediate family members (spouse and dependent children) can also be included in the application.

Stamp the Residency Visa

Upon approval, you’ll receive a residency visa authorization, allowing you to stamp the visa in your passport at a Brazilian consulate or upon entry into Brazil. This visa grants permanent residency status from the outset.

Upgrade to Permanent Residency

In some cases, depending on the investment amount or location, the initial visa may be classified as provisional, valid for a set period (typically two years). After fulfilling the program’s conditions — including maintaining the property investment — you can apply to upgrade to permanent residency.

However, under current rules for real estate investors, most applicants receive permanent residency immediately upon visa approval.

Apply for Citizenship

After four years of continuous legal residence, you can apply for Brazilian citizenship. This period can be reduced to one year if married to a Brazilian citizen or if you have a Brazilian-born child.

Requirements for naturalization include:

Proof of continuous residence;
Adequate knowledge of Portuguese;
Clean criminal record;
Demonstrated integration into Brazilian society.

How Much Do You Need to Invest in Brazil for Citizenship?

To qualify for the investor residence permit, you must invest a minimum of:

R$700,000 BRL (approx. USD 140,000) in properties located in areas with a Human Development Index (HDI) below the national average;
R$1,000,000 BRL (approx. USD 200,000) in properties in areas with an HDI equal to or above the national average.

The investment must be fully paid and registered under your name to staying in Brazil buying property.

Is Buying Property in Brazil a Good Investment?

Buying property in Brazil offers both financial and lifestyle advantages:

Obtain a Brazilian ID Card for Foreigners

Once you receive residency, you can apply for the “Carteira de Registro Nacional Migratório” (CRNM), Brazil’s ID card for foreigners, granting legal status and access to services.

Stay in Brazil Indefinitely

As a permanent resident, you can live and work in Brazil without time restrictions. There’s no obligation to remain in Brazil full-time, but extended absences (over two years) without justification may affect residency status.

Enter and Exit the Country Freely

Permanent residency allows you to travel in and out of Brazil without a visa and eliminates concerns about tourist visa expiration or overstay penalties.

Access Utilities and Services

With your residency ID, you can open bank accounts, register for utilities, obtain a driver’s license, enroll in schools, and access Brazil’s public healthcare system (SUS).

Pursue Brazilian Citizenship

After meeting the residency and integration criteria, you can apply for Brazilian citizenship, granting you the right to vote, hold a Brazilian passport, and access public office.

Conclusion

Staying in Brazil by buying property is not only possible — it’s a practical and advantageous path to long-term residency and citizenship. With relatively modest investment thresholds compared to similar programs in Europe and the Caribbean, Brazil offers one of the most accessible real estate-linked residency opportunities in the world.

By purchasing qualifying urban property, foreigners can obtain permanent residency, enjoy unrestricted access to the country, and — after a qualifying period — pursue Brazilian citizenship. The process involves careful property selection, legal due diligence, fund transfer compliance, and a formal residency application.

Considering Brazil’s diverse regions, growing economy, and favorable real estate prices, investing in property for residency can be a strategic decision for international investors, retirees, or those seeking a new lifestyle in South America.

Before taking action, it’s highly advisable to engage a qualified immigration and real estate attorney in Brazil to manage the legal process, ensure compliance, and safeguard your investment.

If you need legal assistance from our team, please message us on WhatsApp.

The post Staying in Brazil by Buying Property: Is It Possible? appeared first on Koetz International and Succession.

Brazil Residence Permit by Buying Property by Countries

Eduardo Koetz — Fri, 30 May 2025 14:00:39 +0000

In recent years, Brazil has emerged as an increasingly attractive destination for international investors and expatriates seeking not only financial returns but also opportunities for legal residency through property ownership. Similar to Golden Visa programs offered by countries such as Portugal, Spain, and Greece, Brazil allows foreign nationals to secure a residence permit in Brazil by purchasing real estate that meets certain financial thresholds.

With a booming property market in key urban centers, beach resorts, and agribusiness regions, Brazil presents a unique combination of affordable property values, a high quality of life, and a straightforward legal process for property acquisition by foreigners. In this guide, we’ll explain how international buyers can obtain a residence permit in Brazil by buying property, what requirements apply, and how this opportunity compares to other countries offering similar pathways.

If you need legal assistance from our team, please message us on WhatsApp.

Can I Get Residency in Brazil if I Buy a Property?

Foreign nationals can obtain a Brazilian residence permit through real estate investment. This option, officially recognized by the Brazilian government, allows non-residents to apply for permanent residency if they purchase property in Brazil with a minimum investment value.

The program was formalized in Normative Resolution No. 36/2018 of the National Immigration Council, which regulates the granting of permanent visas to foreigners investing in Brazilian real estate. The property must meet a minimum value requirement and be located in an urban area. Additionally, the funds used for the purchase must be transferred from abroad via authorized financial institutions, duly registered with the Central Bank of Brazil.

Once approved, the investor receives a permanent residence permit, granting the right to live and work in Brazil. After four years of continuous residency, the foreign national becomes eligible to apply for Brazilian citizenship.

How to Get Brazilian Citizenship by Investment?

Although Brazil does not offer direct citizenship through investment (as some Caribbean nations do), it provides a clear path from permanent residency to naturalized citizenship.

The process works as follows:

Obtain Permanent Residency: Through qualified investments such as real estate purchases meeting the minimum value, or by investing in a Brazilian company or strategic sectors;
Maintain Residency for Four Years: The residence permit holder must reside in Brazil for at least four consecutive years. This period can be reduced to one year in specific cases, such as marriage to a Brazilian citizen or having a Brazilian child;
Apply for Naturalization: After fulfilling the residency requirement, the applicant can file for Brazilian citizenship. Additional criteria include:
- Proof of good conduct (criminal background check);
- Adequate command of the Portuguese language;
- Evidence of financial means or employment in Brazil.

This makes Brazil an attractive option for those seeking long-term residency leading to a second citizenship, especially when compared to countries where permanent residence does not automatically lead to citizenship.

Text continues after infographic.

What Does a Foreigner Need to Buy a Property in Brazil?

The process for a foreigner to purchase property in Brazil is relatively straightforward and does not require residency. However, certain legal requirements must be met:

Tax Registration Number (CPF): All property buyers, whether Brazilian or foreign, must obtain a Cadastro de Pessoa Física (CPF) — a tax identification number issued by the Brazilian Federal Revenue Service;
Valid Passport: A current and valid passport is necessary for identification;
Foreign Exchange Registration: The funds for purchasing the property must be sent from abroad via authorized financial institutions and properly registered with the Brazilian Central Bank (RDE-IED or RDE-ROF systems, depending on the type of investment).
Property Deed Registration: The property purchase must be officially registered with the Real Estate Registry Office (Cartório de Registro de Imóveis).

In addition, if applying for a residence permit through this investment, the applicant must present proof of the property’s purchase value, payment documents, and compliance with the minimum investment threshold.

Other Information for Immigrants Who Buy Property May Have a Brazilian Residence Permit

It’s important to note that:

The property must be located in an urban area. Agricultural or rural land purchases do not qualify for residence permits;
The residence permit initially grants permanent residency. There’s no provisional status for this visa category;
Immediate family members (spouse and dependent children) can be included in the residency application;
The property can be residential, commercial, or a combination of both.

The residence permit holder is not required to live in the property but must maintain ownership during the initial residence period.

Text continues after infographic.

What is the Price of the Property to Obtain a Residence Permit in Brazil?

The minimum investment thresholds for securing a Brazilian residence permit through property purchase in Brazil vary by location:

R$700,000 BRL (approx. USD 140,000): For properties located in municipalities with a Human Development Index (HDI) below the national average;
R$1 million BRL (approx. USD 200,000): For properties in municipalities with an HDI equal to or above the national average — this includes major cities like São Paulo, Rio de Janeiro, and Brasília.

These values apply per investor. Joint ownership by multiple foreign investors in a single property is possible, provided each individual meets the minimum investment requirement in proportion to their ownership share.

Can a Foreigner Finance Property in Brazil?

Foreigners can finance property in Brazil, although mortgage options are typically limited compared to those available to Brazilian citizens. Some private banks and financial institutions offer real estate financing to non-residents, subject to:

Proof of income and financial capacity;
Credit analysis and risk assessment;
Larger down payments, often 30% to 50% of the property value;
Higher interest rates for foreign nationals than for residents;

However, it’s important to highlight that financed property purchases do not qualify for the residence permit program, as the law requires that the total qualifying investment be made with funds transferred from abroad. The property must be fully paid in the name of the foreign buyer to meet the immigration requirements.

Which Country Gives Citizenship After Buying Property?

Globally, several countries offer citizenship or permanent residency programs linked to real estate investments, including:

Portugal: Through the Golden Visa program, property investments starting at €280,000 in low-density regions can lead to residency and, after five years, citizenship;
Greece: Grants residency permits for property purchases of at least €250,000, with eligibility for citizenship after seven years of residence;
Spain: Offers a Golden Visa for real estate investments starting at €500,000, allowing for eventual citizenship after ten years of residence;
Dominica, St. Kitts & Nevis, and Antigua & Barbuda: Caribbean nations offering direct citizenship through property investments ranging from USD 200,000 to USD 400,000.

Brazil, while not offering direct citizenship upon investment, provides a transparent, permanent residency route leading to citizenship after a qualifying residence period — with more affordable real estate investment thresholds than many European programs.

Conclusion

For foreign nationals seeking to diversify their international real estate portfolio while securing long-term residency options, Brazil presents a compelling opportunity to a Brazilian residence permit. It’s residence permit program through property purchase offers:

Permanent residency from the outset;
Affordable investment thresholds compared to Europe or the Caribbean;
A clear and attainable path to Brazilian citizenship;
Access to one of the world’s most diverse economies and natural landscapes.

With minimal restrictions on property ownership, relatively straightforward legal procedures, and a real estate market poised for growth, Brazil has become a favored destination for investors, retirees, and expatriates worldwide.

Before proceeding, it’s advisable to consult an experienced international immigration attorney to guide the legal procedures, ensure regulatory compliance, and facilitate the residence permit application process.

If you need legal assistance from our team, please message us on WhatsApp.

The post Brazil Residence Permit by Buying Property by Countries appeared first on Koetz International and Succession.

Brazil Citizenship by Investment: What Is It & How Does It Work?

Eduardo Koetz — Wed, 28 May 2025 13:55:04 +0000

Brazil has become an increasingly attractive destination for international investors — not only because of its vibrant economy and natural resources, but also because of the opportunity to acquire permanent residency and eventually citizenship through investment. E.g, today you going to understand how to get Brazil citizenship by investment in the country.

In this article, we’ll explain how Brazil’s Investor Visa works, the requirements, and what makes this one of South America’s most strategic investment migration options.

If you need legal assistance from our team, please message us on WhatsApp.

What Is A Brazilian Investor Visa?

The Brazilian Investor Visa, known as the VIPER visa, grants foreign nationals permanent residency in Brazil in exchange for a qualifying investment in the country. This visa was designed to stimulate foreign direct investment (FDI), foster economic development, and attract international entrepreneurs, executives, and high-net-worth individuals.

Can Americans Get Brazilian Citizenship?

Americans and citizens from any country are eligible to apply for Brazilian citizenship after holding permanent residency for a minimum of four years.

In cases of marriage to a Brazilian citizen or having a Brazilian child, this period can be reduced. Citizenship allows holders to enjoy all rights, including voting and unrestricted travel within Mercosur.

Requirements For The Investor Visa

To qualify for Brazil citizenship by investment and the visa, applicants must:

Be over 18 years old;
Have a clean criminal record;
Make a qualifying investment in Brazil;
Provide proof of financial resources and investment plans.

How Much To Invest In Brazil For Citizenship?

There are several accessible investment options to obtain Brazil citizenship by investment, trough visa:

A foreign direct investment of BRL 500,000 (about $100,000) in a Brazilian legal entity (new or existing business);
A real estate investment of BRL 1 million ($200,000) or BRL 700,000 (about $140,000) in the north/northeast regions;
An investment of BRL 150,000 ($30,000) in a Brazilian company related to innovation, basic or applied research, science, or technology.

Documents You Need As Proof Of Investment In Brazil

Applicants must present:

Proof of fund transfer to Brazil;
Investment registration with the Brazilian Central Bank;
Business plan or property purchase agreement;
Official application forms.

Documents Required To Secure The Brazilian Golden Visa

Key documents include:

Valid passport;
Clean criminal record certificate;
Proof of income and investment;
Health insurance covering Brazil;
Proof of address.

What Are The Investment Options?

Investing In A Legal Entity

Investors can establish a new company or acquire shares in an existing Brazilian business, creating jobs and contributing to economic growth.

Investing In A Specialized Industry

Brazil offers incentives for investments in sectors like technology, agribusiness, renewable energy, and infrastructure, with lower entry thresholds and expedited visa processing.

Investing In Real Estate

Purchasing property valued at R$700,000 BRL or more in urban centers or R$1 million BRL in coastal cities like Rio de Janeiro can also qualify for the investor visa.

Can I Get Residency In Brazil If I Buy A Property?

Property investments above the stipulated thresholds are eligible for permanent residency under the investor program, offering a straightforward path for those looking to settle or retire in Brazil.

What Is The Application Process For Investor Visa And Permanent Residency?

Select The Investment Options

Carefully evaluate and select from a range of available investment opportunities tailored to your goals and interests. You can choose to invest in a new or existing business, a specialized industry sector, or real estate properties in Brazil. Each option offers unique benefits, allowing investors to align their financial strategy with market potential and personal preferences.

Transfer Of Funds

Securely and legally transfer your investment funds through an authorized financial institution operating under the regulations of the Central Bank of Brazil. This ensures full compliance with Brazilian financial laws and provides a transparent, traceable process for international investors looking to move capital into the country for approved purposes.

Investor Visa & Permanent Resident

Begin the process of applying for your Brazilian investor visa either through a Brazilian consulate abroad or directly with the Ministry of Justice within Brazil. Once your application is reviewed and approved, you will be granted permanent residency status, receiving an official residency card. This status allows you to live, work, and invest in Brazil without restrictions, and after meeting the required residency period, you may apply for Brazilian citizenship, gaining full rights as a citizen.

How Long Is The Investor Visa Valid For?

Initially granted as a permanent residence, the investor visa requires periodic proof of investment maintenance for the first three years. After this, no further investment requirements apply.

Frequently Asked Questions

See now the main questions about investing in Brazil and what the possibilities are for getting it Brazil citizenship by investment!

Can Foreign Citizens Buy Property In Brazil?

There are minimal restrictions on foreign ownership of urban property, making Brazil one of the most open real estate markets in the region.

Does Brazil Encourage International Investment From Entrepreneurs?

Absolutely. Brazil actively promotes FDI, especially in strategic sectors like energy, technology, agribusiness, and infrastructure, offering tax incentives and regulatory benefits.

Does Brazil Offer A Golden Visa Program?

While not labeled a “Golden Visa”, Brazil’s investor visa operates similarly, providing permanent residency through real estate or business investment.

How Much Does It Cost To Buy Citizenship In Brazil?

There’s no direct citizenship purchase program. However, through the investor visa, permanent residency can be obtained via investment, and citizenship can be requested after four years of residency.

How Strong Is The Economy In Brazil?

As the 9th largest economy in the world, Brazil boasts vast natural resources, a large consumer market, and steady growth in sectors like agribusiness, fintech, and renewable energy.

Is Permanent Residency Possible In Brazil Through Investment?

The investor visa grants permanent residency status from the outset, with no requirement for temporary residency periods.

What Is Brazil Like For Investing?

Brazil combines a large market, rich natural resources, and untapped potential in technology, infrastructure, and healthcare — making it a highly appealing destination for strategic investors.

What Is The Real Estate Market Like In Brazil?

Brazil’s property market offers competitive prices, high rental yields in major cities, and growing demand from both locals and foreigners, particularly in São Paulo, Florianópolis, and Rio de Janeiro.

Which Country Is Easiest To Get Citizenship By Investment?

While Caribbean nations like St. Kitts & Nevis or Dominica offer the fastest programs, Brazil stands out for combining citizenship opportunities with a major economic environment, international mobility within Mercosur, and high lifestyle quality.

Conclusion

Brazil’s investor visa presents a strategic, accessible, and rewarding path for foreign investors seeking new markets, residency, and eventual citizenship. With flexible investment options, a growing economy, and a welcoming culture, it’s an excellent alternative for entrepreneurs and families looking to expand their opportunities in Latin America.

If you need legal assistance from our team, please message us on WhatsApp.

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Residence Permit: what it is, types and how to apply

Eduardo Koetz — Tue, 27 May 2025 10:30:42 +0000

Brazil is a country known for its cultural diversity, business opportunities, and quality of life. In recent years, it has become an increasingly popular destination for foreigners interested in living, working, investing, or studying here. For those who wish to stay legally in the country, it is essential to understand the rules and procedures for obtaining a residence permit.

In this article, we explain what a residence permit is, the different types available, the requirements for applying, and how the process works with Brazilian authorities.

If you would like legal assistance from our team, feel free to message us on WhatsApp.

What is a Residence Permit?

A residence permit is an administrative act issued by the Brazilian Government that allows a foreign national to remain in Brazil for a determined or undetermined period, for specific purposes such as work, study, investment, family reunification, among others.

It grants the foreigner legal stay in the country, as long as they comply with the deadlines and conditions established by Brazilian immigration laws. Depending on the category, a residence permit may be converted into permanent residency or serve as a path to Brazilian naturalization in the future.

What Are the Requirements for Residency in Brazil?

The requirements vary depending on the type of permit, but generally include:

A valid passport;
Completed application form;
Proof of fee payment;
Specific documents depending on the immigration category;
Criminal background certificates from the country of origin and from Brazil;
Proof of financial means or ties to Brazil (such as employment, investment, family relationship, school enrollment, etc.).

It’s strongly recommended to consult with a specialized immigration lawyer to ensure the correct application type is chosen and to avoid delays or rejections.

Types of Residence Permits in Brazil

Brazilian law provides for various residence categories, depending on the foreigner’s purpose or situation. The most common include:

Work-based residence: For foreigners hired by Brazilian companies or transferred by multinational corporations.
Investment-based residence: For those who invest in Brazilian businesses, real estate, or startups.
Family reunification: Granted to spouses, children, or close relatives of Brazilian citizens or foreign residents.
Retiree residence: For foreign retirees who can prove sufficient monthly income.
Study or research: For students enrolled in recognized Brazilian institutions.
Humanitarian or refugee residence: For individuals in situations of risk or vulnerability.
Medical treatment: For those undergoing health treatment in Brazil.
International agreements: Based on treaties between Brazil and other countries, such as Mercosur members.

Each type has specific criteria and deadlines, so it’s crucial to select the option that best matches the applicant’s profile.

How to Apply for a Residence Permit in Brazil

Applications can be submitted either from abroad or from within Brazil, depending on the type of permit.

Where to apply:

Abroad: Through Brazilian consulates in the applicant’s country of origin (for visa-based residence).
In Brazil: Directly through the Federal Police, via prior appointment using the online system MigranteWeb, or through the Ministry of Justice in specific cases.

Required Documents for a Residence Permit

The required documents depend on the permit type, but typically include:

Application form;
Valid passport;
Criminal background certificates;
Proof of address in Brazil;
Documents supporting the reason for residence (e.g., work contract, marriage certificate, school enrollment);
Proof of fee payment (GRU form).

Documents issued abroad must be legalized through The Hague Apostille or authenticated at a Brazilian consulate, and translated by a sworn translator in Brazil.

How Long Does It Take to Obtain a Residence Permit?

Processing time depends on the permit category and where the application is submitted:

30 to 90 days on average for applications through the Federal Police;
Up to 180 days for cases handled by the Ministry of Justice;
Timeframes at consulates vary depending on the unit and type of visa/residence.
What Is the Cost of a Residence Permit?
The federal application fee for a residence permit in Brazil currently varies by category:
R$168.13 for most applications submitted to the Federal Police;
Different amounts or exemptions may apply to specific categories (e.g., refugee applications are fee-exempt).

Additional costs may include sworn translations, document legalization, and legal fees when applicable.

Frequently Asked Questions

Does a residence permit allow me to work in Brazil?

It depends on the type. Work, investment, and family-based permits usually allow paid employment. Study or medical permits may have restrictions.

Can I study in Brazil with a residence permit?

Yes. Residents can enroll in public or private educational institutions, as long as they meet academic requirements. Public universities even offer specific slots for foreign students.

Can I bring my family to Brazil with a residence permit?

Yes. Many permit types—such as those for work, investment, or long-term study—allow you to apply for family reunification, enabling your spouse, children, and sometimes other dependents to live legally in Brazil.

How can I renew my residence permit?

Renewals must be requested before the current permit expires, through the Federal Police, by submitting:

Foreigner ID (CRNM);
Updated proof justifying the renewal (e.g., work contract, school enrollment, marriage certificate);
Criminal background certificates;
Proof of fee payment.
Renewal requirements and timelines vary depending on the permit type.

Can I apply for Brazilian naturalization with a residence permit?

Yes. After a period of legal and continuous residence in Brazil (typically between 1 and 4 years, depending on the case), you may apply for Brazilian naturalization, provided you meet the legal requirements, such as:

Ability to communicate in Portuguese;
Clean criminal record;
Proof of social and economic integration in Brazil.

This process is handled by the Ministry of Justice and Public Security.

Conclusion

Brazil is a welcoming country full of opportunities for foreigners wishing to live, invest, or build a future here. With clear regulations and a variety of residence permit options, the country offers accessible pathways for many profiles.

If you would like legal assistance from our team, don’t hesitate to message us on WhatsApp.

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Foreign Direct Investment Brazil: Why is FDI so High

Eduardo Koetz — Mon, 26 May 2025 14:01:14 +0000

Brazil has always drawn the attention of global investors thanks to its vast territory, abundant natural resources, and a large consumer market. In recent years, despite economic and political fluctuations, Foreign Direct Investment (FDI) in Brazil remains remarkably high compared to other emerging economies.

In this article, we’ll explore why Brazil attracts so much foreign capital, which sectors offer the most potential, and what investors should consider before entering the Brazilian market.

If you need legal assistance from our team, please message us on WhatsApp.

What Is Brazil’s Foreign Direct Investment?

Foreign Direct Investment (FDI) refers to the capital invested by foreign entities directly into production, operations, or business ventures in Brazil. It typically involves acquiring stakes in local companies, creating new subsidiaries, establishing joint ventures, or investing in strategic projects such as infrastructure or energy.

In 2023, Brazil consistently ranked among the top recipients of FDI globally, a position it has held for years due to its natural resource wealth, strategic geographic location, and large domestic market.

What Is Brazil’s International Investment Position?

Brazil’s International Investment Position (IIP) measures the country’s total external financial assets and liabilities. As of the latest reports, Brazil maintains a relatively balanced IIP, with steady inflows of foreign investment, especially in productive sectors.

The Central Bank of Brazil closely monitors FDI levels through its Direct Investment in the Country (IDP) statistics, reflecting both equity investments and intercompany loans.

Why Is FDI In Brazil So High?

Several factors explain Brazil’s persistent appeal to international investors:

A massive, diversified economy, ranked as the largest in Latin America;
Rich natural resources, from minerals and oil to agricultural commodities;
A large domestic consumer base, with over 200 million people;
Ongoing demand for infrastructure modernization, attracting capital in transportation, energy, and logistics;
Privatization programs and regulatory reforms, especially in energy and sanitation;
Resilient sectors, such as agribusiness, technology, and financial services.

While economic volatility exists, Brazil’s underlying market fundamentals remain highly attractive for long-term investments.

Brazil’s Economic Snapshot

Brazil is the 9th largest economy in the world by GDP (PPP) and has historically relied on a mix of agriculture, services, and industry. Recent years have seen growth in agribusiness exports, renewable energy projects, and digital services.

Despite cyclical challenges, Brazil’s vast resources, domestic consumption power, and strategic position between the Americas make it a natural investment hub.

What To Consider If You Invest In Brazil

Strong Points

Abundant natural resources and a leading position in global commodity exports;
A large internal market with growing demand for goods, services, and infrastructure;
Favorable sectors for privatization and partnerships in infrastructure, sanitation, and energy;
Well-established financial system with mature capital markets;
Strategic location, connecting South America to global trade routes.

Weak Points

Complex tax and regulatory systems, which can vary between federal, state, and municipal levels;
Bureaucracy and red tape that may delay permits and licensing;
Currency volatility, requiring hedging strategies;
Aging infrastructure in some areas, although this creates investment opportunities;
Political fluctuations, typical of emerging markets.

A reliable local legal and business advisory partner is highly recommended to navigate these aspects safely.

In Which Sectors Does Brazil Have Great Potential For Foreign Investment?

Agriculture

Brazil is a global agricultural powerhouse, leading in soybeans, coffee, beef, and sugar exports. Foreign investors find opportunities in farming technology, logistics, and food processing.

Energy

The energy sector, especially in hydropower and renewables, draws substantial FDI. Brazil is one of the world’s clean energy leaders, with over 60% of its electricity coming from renewable sources.

Real Estate

Commercial, residential, and industrial real estate in metropolitan areas and regional cities present attractive returns, particularly with urbanization trends.

Infrastructure

Demand for roads, railways, airports, and ports drives public-private partnerships (PPPs) and concessions, especially under government infrastructure programs.

Technology

Brazil’s digital economy has expanded rapidly, with a growing startup ecosystem, fintech companies, and e-commerce platforms supported by one of the largest internet user bases globally.

Healthcare

With a growing middle class and aging population, private healthcare services, clinics, and medical technology sectors are increasingly attractive for investors.

Oil And Gas

Despite shifts toward renewables, Brazil remains a key player in oil production, particularly in its pre-salt offshore fields. Major international energy companies actively operate in this segment.

Renewable Energy

Beyond hydropower, solar and wind projects have seen exponential growth, supported by favorable government incentives and foreign investment appetite.

Automotive

As one of the largest automotive markets in the world, Brazil offers opportunities in manufacturing, supply chains, electric vehicle infrastructure, and logistics.

Financial Services

Digital banking, fintech innovations, and financial services targeting underserved segments of the population present immense potential.

How To Invest In Brazil?

Foreign investors can enter the Brazilian market through various legal vehicles, including:

Establishing a wholly owned subsidiary;
Acquiring shares in existing companies;
Forming joint ventures or partnerships;
Participating in privatization auctions and PPPs;
Direct property investment;
Capital market investments (stocks, bonds, funds).

It’s important to obtain a Cadastro Nacional de Pessoa Jurídica (CNPJ) number, register foreign capital with the Brazilian Central Bank, and comply with local tax, labor, and regulatory obligations.

Partnering with a local legal advisory firm ensures regulatory compliance, operational efficiency, and risk management when setting up operations or investing in Brazil.

Conclusion

Brazil offers one of the most dynamic and promising emerging markets for foreign direct investment, with opportunities across infrastructure, energy, technology, healthcare, and agribusiness.

Few countries have the dynamism and capacity for multiple creations and investments like Brazil. To miss the opportunity to invest in Brazil is to miss one of the greatest global investment opportunities in the current market, whatever the sector.

While navigating the country’s bureaucracy and regulations can be complex, the high potential returns, combined with government programs encouraging private investment, make Brazil an essential market for global investors.

If your company is considering expanding operations or investing in Brazil, it’s very important to have a legal advisor that can navigate through comprehensive legal, tax, and business advisory services to support your market entry, project structuring, and compliance processes. Contact the help you need to explore how we can assist your investment strategy in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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Doing Business in Brazil: What Are The Culture & Etiquette?

Eduardo Koetz — Fri, 23 May 2025 14:00:19 +0000

Brazil is famous for its vibrant culture, world-class natural landscapes, and growing economic sectors. In recent years, the country has increasingly attracted entrepreneurs, investors, digital nomads, retirees, and professionals from around the world. Whether you’re considering moving to Brazil to work, invest, or enjoy its lifestyle, understanding how the tax system works is essential for making confident, well-informed decisions.

Though Brazil’s tax system has a reputation for being complex, with the right legal and tax advisory services, navigating these requirements becomes far more manageable, often uncovering valuable opportunities along the way.

In this article, we’ll explain how taxation works in Brazil, how much tax you can expect to pay, how it compares globally, and why with proper planning, Brazil remains an attractive destination for international individuals and businesses.

If you need legal assistance from our team, please message us on WhatsApp.

Is Brazil A High Tax Country?

Brazil is often perceived as a high-tax jurisdiction, especially when compared to its Latin American neighbors. The country collects about 33% of its GDP in taxes, a figure similar to that of many developed countries. However, it’s important to note that the actual tax burden varies greatly depending on your income level, activity, and residency status.

Foreign investors and expatriates regularly find that, despite some higher tax rates in certain areas, the country offers numerous fiscal incentives, bilateral agreements, and strategic legal structures that can reduce their effective tax exposure — especially when supported by specialized legal and tax advisors.

How Much Tax Do You Pay In Brazil?

How much tax you’ll pay depends on various factors:

Whether you’re classified as a resident or non-resident;
The nature of your income (employment, capital gains, dividends, investments);
Your legal structure (individual or business entity); Applicable international tax treaties.

Understanding these variables allows individuals and businesses to structure their financial activities in ways that are both compliant and efficient.

Brazilian Tax System

Brazil’s tax system operates on three levels: federal, state, and municipal. Each level applies different taxes depending on the type of income or activity.

While some taxes might appear steep at first glance, many sectors — such as technology, agribusiness, renewable energy, and real estate — benefit from incentives and exemptions that can significantly reduce the effective tax rate. Partnering with an experienced advisory firm is the best way to uncover these opportunities.

Personal Income Tax Rates

Personal income tax (IRPF) in Brazil is progressive, ranging from 0% to 27.5%. It’s assessed annually, with most income types subject to taxation, including salaries, rental income, dividends (which are currently exempt), and capital gains.

These are the 2024 tax brackets: Up to BRL 2,259.20/month: Exempt; From BRL 2,259.21 to BRL 2,826.65: 7.5%; From BRL 2,826.66 to BRL 3,751.05: 15%; From BRL 3,751.06 to BRL 4,664.68: 22.5%; Above BRL 4,664.68: 27.5%.

It’s important to note that capital gains and investment income are subject to separate tax rates, which can be effectively planned for through strategic financial management.

Alternative Income Taxes

Income from financial investments, capital gains, rental properties, and other sources is taxed separately: Capital gains: 15% to 22.5%; Financial investments: 15% to 22.5%, depending on holding period; Rental income: Subject to progressive rates, though deductible expenses can reduce taxable amounts.

Certain international income may benefit from tax credits under double taxation treaties or careful legal structuring.

Corporate Taxes

For businesses, Brazil offers one of the largest consumer markets in the world, alongside diverse sectors primed for international investment. Corporate taxation involves:

Corporate Income Tax (IRPJ): 15%, plus an additional 10% on profits above BRL 240,000/year;
Social Contribution to Net Profit (CSLL): Typically 9%;
PIS/COFINS, ISS, ICMS, IPI: Depending on the business type and region.

Although combined corporate tax rates can reach up to 34%, many industries, especially in underdeveloped regions, enjoy significant tax incentives and benefits for investment.

Consumption Taxes

Brazil’s indirect taxes, such as VAT-like ICMS and service tax ISS, are applied on sales, services, and imports. Rates vary:

ICMS: 7% to 35%, depending on the product and state;
ISS: 2% to 5% on services;
IPI: Applied to industrialized goods;
PIS/COFINS: 3.65% to 9.25%.

While indirect taxes can be complex, foreign businesses establishing operations or partnerships in Brazil can benefit from tailored fiscal structures to optimize tax efficiency.

Double Taxation Treaties

Brazil has established double taxation agreements (DTAs) with over 30 countries, including:

Japan;
France;
Italy;
Portugal;
Argentina.

These treaties help prevent double taxation and often reduce withholding tax rates on cross-border dividends, interest, and royalties — a valuable tool for international professionals and investors with global income.

Resident Versus Non‑resident Taxpayers

Tax obligations in Brazil hinge on your residency status.

Resident Taxpayers

You are considered a resident taxpayer if: You hold a permanent visa; You have a temporary visa and reside in Brazil for 183 days (consecutive or not) in a 12-month period; You obtain a permanent visa through marriage or asylum.

Residents are taxed on their worldwide income, but with professional advice, it’s possible to utilize tax credits, exemptions, and strategic legal structures to optimize tax liabilities.

Non‑resident Taxpayers

Non-residents are taxed only on income derived from Brazilian sources, typically via withholding tax (WHT). Rates include:

15% on capital gains and interest;
25% on royalties and technical services.

This typically makes it advantageous for foreign investors to structure their business or property ownership through special-purpose companies or investment vehicles tailored for tax efficiency.

What Is The Average Salary In Brazil?

The average monthly salary in Brazil as of 2024 is approximately BRL 2,900 (about USD 560). Major metropolitan regions like São Paulo, Rio de Janeiro, and Brasília frequently see significantly higher figures in sectors such as finance, technology, legal, and international trade.

The minimum wage is currently BRL 1,412 (USD 270) per month. For skilled expatriates, especially those in demand sectors, salaries can be highly competitive when compared to living costs in most Brazilian cities.

What Is The Highest Taxed Country In The World?

For perspective, Denmark is globally recognized as the highest-taxed country, with personal income tax rates reaching 55.9%. In contrast, Brazil’s top rate of 27.5% appears relatively moderate, particularly when considering that capital gains, dividends, and investment income can be strategically optimized through effective planning.

Frequently Asked Questions

When Are Brazilian Taxes Due?

Personal income tax returns: Due annually between March and May; Corporate taxes: Filed quarterly or annually, depending on business regime

Does Brazil Tax Foreign Income?

Residents are taxed on their worldwide income, while non-residents are taxed only on Brazilian-source income. However, double taxation treaties and foreign tax credits often mitigate exposure.

Who Qualifies As A Resident Of Brazil?

Permanent visa holders;
Temporary visa holders staying over 183 days;
Marriage to a Brazilian citizen;
Asylum seekers or refugees granted legal status.

While Brazil’s tax system is undeniably intricate, it should not discourage those considering relocation or investment in this promising market. With proper legal and tax advisory services, individuals and companies can:

Structure their assets efficiently;
Benefit from double taxation treaties;
Access sector-specific tax incentives;
Enjoy a favorable lifestyle-cost balance in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreigners in the Simple National are allowed to have residence?

Eduardo Koetz — Fri, 11 Apr 2025 19:45:09 +0000

Simple National emerged as a way to simplify and reduce the tax burden for small businesses. It’s an optional regime, but how can foreigners obtain this advantage? And may foreigners in the Simple National be allowed to have residence? Find out below!

Colaboration: Leonardo Almeida Lacerda de Melo

If you need legal assistance from our team, please message us on WhatsApp.

What is Simple National?

Simple National was created with the idea of simplifying tax collection for small businesses. Taxes are collected through a single guide (DAS), facilitating the accounting of the company seeking to benefit from the regime.

With Simple, there is a saving of up to 40% of taxes due if the entrepreneur opts for the Simple National regime.

Foreigners in Simple

In short, foreigners can be partners in a company that adheres to Simple, as long as they have tax domicile in Brazil. In fact, there is no legal prohibition regarding this, and foreigners can indeed be part of the corporate structure.

However, non-resident partners, whether foreigners or even Brazilians, are not allowed.

In other words, even non-resident Brazilians are prevented from being part of the corporate structure of a company that opts for Simple National, under the same conditions.

Therefore, foreigners must be tax residents for companies in which they are partners to join the Simple system, seeking to invest or open a company in Brazil, and wishing to benefit from said tax regime.

The Simple National Law provides for some restrictions regarding the corporate structure of companies seeking to join the Simple National system.

The first one we can mention is the impossibility of having a legal entity in the structure of partners, whether Brazilian or foreign.

Another restriction refers to the possibility of one of the partners managing another company. In this case, the combined value of both cannot exceed the limit of R$2.4 million.

Another impediment we can mention is companies that have debts with the INSS or with the Federal, State, or Municipal Public Treasury, the enforceability of which is not suspended.

If there are any impediments, the company may still opt for the Presumed Profit regime.

What is the Definition of a Resident and Non-Resident Foreigner?

A resident is a person who resides permanently in Brazil, as well as those who enter the country with a permanent visa or certain temporary visas.

It can be said that a resident is a foreigner who:

enters Brazil with a permanent visa, on the date of arrival; OR
Enters Brazil with a temporary visa: on the date on which he/she completes 184 days, consecutive or not, of residence in Brazil, within a period of up to twelve months;
Enters Brazil with a temporary visa: on the date of obtaining a permanent visa or employment relationship, if this occurred before completing 184 days, consecutive or not, of residence in Brazil, within a period of up to twelve months; OR
Resides in Brazil.

Regarding the concept of non-resident, one can mention someone who has left Brazil permanently with a declaration of departure, as well as someone who has left temporarily after 12 months of absence.

It’s also worth mentioning the non-resident status of a person with a temporary visa who stays in the national territory for up to 183 days in 12 months.

On the 184th day, the person automatically becomes a resident and will have obligations with the Federal Revenue Service in Brazil and other state agencies.

What are the Advantages of Simple National over Presumed Profit?

Simple is a way to make life easier for entrepreneurs and reduce their taxes. Below is a list of the main differences between the two tax regimes:

Greater simplicity and ease in calculating and collecting taxes: In addition to simplifying calculations and controls, presumed profit does not have a monthly calculation deadline, which leads to interest and fines for late payment. In Simple National, all taxes are calculated and collected monthly, avoiding additions and fines;
Lower tax costs: Presumed profit has rates that vary between 15% and 32% of gross revenue, while Simple National has a single tax of 8% to 33%, depending on the size of the business;
Greater legal certainty: Simple National is legally supported by Complementary Law 123/2006, while presumed profit does not have a legal text to regulate it.
Greater variety of options: Simple National has four different regimes (Simple National Micro, Real Profit, Profit Presumed, and Presumed Simplified) that adapt to the financial needs of each company.
Lower tax burden: Presumed profit charges more taxes than Simple National, including Income Tax, PIS, COFINS, IRPJ, IPI, among others;
Less bureaucracy: Simple National organizes all taxes from the various files required in the Presumed Profit process, in addition to offering a unified form for delivery and proof of monthly payment.

How does the Simple National work?

The Simple is nothing more than the combination of several taxes into one, with a considerable discount.

The taxes collected through the DAS are listed below:

Corporate Income Tax — IRPJ;
Social Contribution to Net Profit — CSLL;
PIS and COFINS;
Industrial Property Tax — IPI;
Tax on the Circulation of Goods and Services — ICMS (there are exemption provisions, such as in Rio Grande do Sul, for certain Simple National beneficiaries);
Tax on Services — ISS (depending on the municipality);
Contribution for Social Security — CPP.

Regarding exempt taxation, it can be summarized as taxes not listed here, which will not be collected by the DAS. For example, there is no need for an employer’s INSS contribution. However, the company should always consult an accountant to settle any debts due in relation to its specific situation.

The Simple National was created through Complementary Law No. 123 of December 14, 2006 (Simple National Law).

How can a foreign entrepreneur acquire residency?

Also, the investor can obtain a permanent residency meeting the necessary requirements, which are summarized as making a certain investment in a Brazilian company (normally R$500,000.00 or R$150,000.00 for certain sectors) or other means.

Depending on the case, permanent residency may be acquired immediately. However, if the investment is less than R$500,000.00 (in companies in specific areas), temporary residency will be granted. This, however, may be converted to permanent residency 90 days before its expiration.

Another way to obtain the visa is by purchasing a property in the national territory worth R$1,000,000.00 or more, except the northeast region, where the minimum value is R$700,000.00. For more information on the investor visa, access our article on the subject.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreigner entrepreneur in Brazil: 5 steps without coming to the country

Eduardo Koetz — Fri, 11 Apr 2025 18:16:07 +0000

Brazilian legislation has considerable flexibility regarding the opening and operation of companies, even for foreign partners who are entrepreneurs in the country, who may operate them even when they are far from the national territory. So, is it possible for a foreigner to be an entrepreneur in Brazil? Find out in this article!

If you need legal assistance from our team, please message us on WhatsApp.

Collaboration: Leonardo Almeida Lacerda de Melo

Can a Foreigner Become an Entrepreneur in Brazil?

No prohibition or government impediment exists for a foreigner to become an entrepreneur in Brazil. Quite the contrary, the government is interested in the entry of foreign capital.

Before the procedure itself, the entrepreneur must have a trustworthy and knowledgeable person residing in Brazilian territory.

This person must act as his attorney with powers both to manage the company and to represent it before public bodies (especially the Central Bank of Brazil and the Federal Revenue Service), and to receive legal summons if applicable (see IN RFB 2119/2022).

Step-by-step guide to opening a company by a foreigner

First step: The foreigner must register as an Individual Taxpayer (CPF), which can be done by filling out an application on the Federal Revenue website.

Second step: Appoint a proxy. The proxy must be appointed in Brazil. To do this, a power of attorney must be issued with powers to manage the company, defining what the proxy may do, the limits of transactions, whether authorization must be requested to perform them, among other details.

Third step: The power of attorney must then be apostilled and translated, as well as the foreign entrepreneur’s passport or other identification document, in order to open the company and allow the foreigner to be an entrepreneur in Brazil.

Fourth step: It’s advisable to register as a Non-Resident Declaratory Registry (CDNR) through the Central Bank website. The registry allows foreign exchange transactions to be registered with the Central Bank through the website itself. All that is required is a CPF number.

This step is not essential if the share capital is less than US$100,000.00, according to IN 278 of the Central Bank.

Fifth step: Define the legal entity’s tax address. To do this, you must own or rent a property that has an “occupancy permit” and a fire department licensing permit that certifies its safety. Or you can also rent a space in a trusted virtual office that provides this service in addition to other services that are interesting for the company. But be careful when doing this with any company you find on the internet – choose one that your attorney trusts.

Sixth step: Obtain the payment slips for registration with the Commercial Registry, pay the registration fees, and then apply for company registration with the Commercial Registry. You must check whether the economic activity is not subject to total or partial restrictions on foreign capital, if it requires special licenses, or if it’s reserved for partners with a specific professional license.

Seventh step: Obtain federal, state, and municipal operating licenses and register with the Ministry of Labor and Social Security.

Eighth step: Open a bank account for the legal entity. Ideally, it should be in the same bank as the individual, but it is not mandatory.

Ninth step: Obtain a digital certificate in the name of the individual and the legal entity to sign the documentation.

Tenth step: Appoint an accountant to perform the company’s monthly accounting.

Is it possible for a foreign partner to manage the company remotely?

The company can be managed by the attorney with management powers, which, as described, is essential for opening the company. However, for direct management by the foreign entrepreneur, the latter may opt to issue a Digital Certificate.

After obtaining the digital certificate, appointing the accountant, and having access to the company’s bank account, it is possible to manage the company remotely without coming to Brazil. In this case, that means the entrepreneur does not even need a visa or, possibly, can come with a tourist visa.

Is a visa Necessary for a foreigner to become an entrepreneur in Brazil?

As demonstrated in the procedures for opening a company in Brazil, a foreigner does not need a visa to be an entrepreneur in Brazil.

For the purposes of administration, this may be done through a Digital Certificate, which allows the hiring of directors residing in Brazil, in addition to the attorney required by the Federal Revenue Service.

Therefore, there is no need for the foreign entrepreneur to come to Brazil, given the remote nature that can be acquired by business administration through the Digital Certificate.

Even regarding legal actions and representation before public bodies, it will be possible for this representation to be carried out by an attorney residing in Brazil.

Is it Possible for Foreigners to Obtain Residency in Brazil After Opening a Company?

In Brazil, foreigners who are entrepreneurs can obtain residency through the Visa and Residence Permit for Entrepreneur Investors, which can be requested after meeting certain basic requirements.

The costs of issuing the visa vary between R$ 110.00 and R$ 435.00 (as of the date this article was written), depending on the entrepreneur’s country of origin. The requirement for obtaining the visa is the full capital of a Brazilian company in the minimum amount of R$500,000.00. In the case of startup companies that demonstrably transfer innovative technology to Brazil, this amount may be lower.

The initial documentation required is:

Investment Plan;
Articles of Association or Articles of Association of the company, with full payment of the invested capital;
Proof of foreign investment, requiring presentation of the Foreign Investment Declaratory Registration;
Exchange Contract issued by the Bank receiving the investment;
Other documents that are required to establish residence in the country.

Another way to obtain the same visa is by purchasing a property, the minimum value of which must be R$700,000.00, in the North and Northeast regions of the country, and R$1,000,000.00 in other regions.

How to Acquire Permanent Residency as an Investor Entrepreneur?

The residence permit for an investor entrepreneur is granted for two years, after which it is verified whether the business continues to operate, generating taxes and jobs.

From 90 days before completing these two years, the foreign entrepreneur must apply for a permanent residence permit.

For more information regarding the investor visa, access our article.

If you need legal assistance from our team, please message us on WhatsApp.

The post Foreigner entrepreneur in Brazil: 5 steps without coming to the country appeared first on Koetz International and Succession.

Invest in Brazil: A Guide for Foreign Investors

Eduardo Koetz — Tue, 07 Jan 2025 15:18:58 +0000

Investments in Brazil are a huge opportunity for any investor, even if they are foreigners. However, they must be careful about foreign investment in Brazil to comply with national requirements to not miss out on this huge opportunity presented by Brazilian trade. Let’s see how to safely invest in this segment.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Foreign investment in Brazil: doing business safely

Brazil is a country with a diversified economy and attracts foreign investors in many sectors, including energy, technology, agriculture, infrastructure, among others. In other words, it opens up space for interesting foreign investment in Brazil.

Foreign direct investment (IED), for example, has been an important source of financing for many companies and for the Brazilian economy in general.

In 2020, the year at the height of the Covid-19 pandemic, for example, Brazil received around US$34 billion in IED. This represents a decrease compared to previous years, but is still a significant amount, given that we were experiencing the largest epidemic since the bird flu a hundred years earlier.

The sectors that received the most foreign direct investment in Brazil were: electricity, oil and gas, financial services, and information technology. In addition, the country is also a popular destination for infrastructure investments, including highways, ports, airports, and railways.

While there are many investment opportunities in Brazil, there are also challenges that investors need to consider. Bureaucracy and tax complexity are some of the issues that can make business in Brazil difficult.

Furthermore, Brazil also has a complex regulatory environment that can be difficult for foreign investors to navigate. This demonstrates the need to hire a specialized firm, such as Koetz Advocacia, to advise on this endeavor, ensuring that there are no major difficulties and enabling to take advantage of the immense opportunity that is investing in Brazil.

The Brazilian government has also taken measures to improve the business environment in the country, including tax reform and infrastructure modernization. These initiatives may make Brazil even more attractive to foreign investors in the future.

To summarize, foreign investment in Brazil is significant and has the potential to grow even further. However, it is important that investors are aware of the challenges and stakeholders involved, as well as the opportunities and measures that are being taken to improve the business environment in the country.

Types of foreign investment in Brazil

There are several types of foreign investment in Brazil. Some of the most common forms of foreign investment are the most sought after precisely because they offer excellent cost/benefit and include:

Direct investment: direct investment occurs when a foreign company invests in a Brazilian company or establishes its own operations in Brazil. The foreign investor can acquire a majority or minority stake in the Brazilian company, depending on the agreement;
Investment by credit (loan): this type of investment seeks a return on the amounts invested in a Brazilian company, with interest stipulated in the contract. The initial idea is to have no responsibility for the relationships of the invested company, with the sole intention of obtaining the return in the form of interest. However, this type of investment is immensely more common with the intention of converting the credit into equity interest, which would be direct investment. The reasons for this type of investment to begin as a loan are based on allowing the invested company to structure itself with the amount received before the investor takes a risk in an equity interest.
Investment in stocks and bonds: Another common type of foreign investment is the purchase of stocks or bonds issued by Brazilian companies or the Brazilian Government. Investors can invest in stocks or bonds issued by the Brazilian government through brokerage firms and other financial institutions;
Investment funds: Foreign investors can also invest in investment funds that operate in Brazilian companies or in Brazilian assets. These funds are managed by investment management firms and can be purchased through brokerage firms and other financial institutions;
Real estate investment: Investing in real estate is another popular form of foreign investment in Brazil. Investors can purchase real estate in Brazil, including houses, apartments, land and commercial properties, for the purpose of resale or rental.

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These are some of the most common types of foreign investment in Brazil. It’s important that investors carefully evaluate the available options so that they choose the best model according to their needs and their full business vision.

Restrictions, precautions, and taxation on foreign investment in Brazil

There are some restrictions and precautions that foreign investors should keep in mind when investing in Brazil. There are some regulatory issues that investors should be aware of. An example of this is the prohibition of foreign capital participation in strategic sectors defined by law, such as radio broadcasting companies in border areas.

Regarding the Brazilian tax system, it can be complex and onerous. Foreign investors should inform themselves about the applicable rates and taxes before making a foreign investment in Brazil and consider how they may affect the return on investment. Likewise, Brazil is a country with a history of political and economic instability.

Foreign investors should be aware of the political and economic risks and carefully evaluate the investment environment before making a decision. In other words, foreign investment in Brazil deserves attention.

Among the various types of taxes, the one with the greatest impact is Income Tax. With this tax, investors are taxed on capital gains made in Brazil. The income tax rate varies depending on the type of investment, the investment term, and the tax treaty between our country and the investor’s country of origin.

The Tax on Financial Transactions (IOF), applies to financial transactions, such as investments in stocks, bonds, and funds. The IOF rate varies according to the type of investment, term, and nature of the transaction.

The Tax on Services (ISS) is a municipal tax charged on services provided in Brazil. The rates vary between municipalities and can be applied to transactions such as consulting, investment management, and other financial services.

Finally, the Social Contribution to Net Income (CSLL), is a federal tax applied to companies’ net income. Foreign investors who invest in Brazilian companies are subject to this tax.

It is also important to remember and pay attention to the fact that investment transactions in Brazil are subject to registration fees, which vary according to the type of transaction desired and carried out by the investor.

In addition to these taxes and fees related to foreign investment in Brazil, investors may also be subject to other tax obligations, such as filing income tax returns and obtaining a National Registry of Legal Entities (CNPJ) in Brazil.

Although some policies and laws seek to protect foreign investors, there are still challenges in implementing these laws. Investors should carefully evaluate the legal protections and guarantees the Brazilian government offers before making an investment. The country, in turn, also has a volatile currency and foreign investors should be aware of the exchange rate risks when investing in the country.

In summary, foreign investors should carefully evaluate domestic investment options and consider the risks and restrictions associated with each type of investment. It’s important to have a clear investment strategy and seek appropriate legal and financial advice before making an investment decision in Brazil.

Opportunities offered by Brazil for foreign investment

Brazil offers several opportunities for foreign investment, as the country has a rich diversity of natural resources, such as minerals, oil, natural gas, water, fertile land, and others, which can be exploited for production and export purposes.

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It’s possible to find, nationally, a qualified workforce in various sectors, including technology, engineering, science, and others, at a relatively low cost compared to other countries. Likewise, the country is one of the largest consumer markets in the world, with a population of over 200 million people and a constantly growing middle class.

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Brazil has also advanced in the digitalization of government services, with the implementation of electronic systems for tax declaration, and issuing of licenses, among others, facilitating the conduct of business. The Government has taken measures to simplify bureaucracy and make the business environment more favorable and competitive.

Another benefit of Brazil is the fact that it has relatively low taxes on inheritance, donations, and assets, which can be attractive to investors who wish to transfer their assets to the country. Brazil currently also exempts tax on dividends, which can be attractive to investors who wish to make a profit from direct investments in Brazilian companies.

Representation business models:

a) agency, distribution, and commercial representation contracts

Agency and Distribution were part of the old Brazilian Commercial Code, but now they are part of the Civil Code and are two distinct contracts that are part of the same device.

These are contracts through which a person, who is now called an agent, undertakes to promote the business of another person, who is now called the proponent, and with whom the latter has no relationship of dependence, subordination, or work in a given area, in exchange for receiving remuneration.

The Commercial Representation Contract is similar to the Agency Contract and the Representation Contract is generally used by Legal Entities. There is no prohibition by law for Legal Entities to use the Agency Contract, but it’s not common.

In this case, the agent will not conclude the business promoted by him in the interest of the proponent, unless the latter grants him a power of attorney because of a Mandate for him to conclude the business.

The Distribution Agreement differs from the Agency Agreement in that the distributor has the product to be negotiated. The name remains that of the proponent (or owner of the business) but changes to that of the distributor (of agent).

The Agreement will determine the area in which the agent will promote the Proponent’s business, and the agent unless otherwise provided for in the contract, will be entitled to exclusivity in the area that was determined for him.

Once the agent has exclusivity in his area of operation, even if the business is concluded due to the promotion of a third party, the agent will still be entitled to remuneration.

If the Contract is for an indefinite period, both the agent and the proponent may terminate it, provided that they notify the other party within at least 90 days.

Although the Civil legislator uses terms such as “dismissal” and “just cause” in the articles relating to Agency and Distribution, this is not an employment relationship, but rather a Contract, and the ways to terminate a Contract are termination, resolution, and rescission.

This is a model of Consensual Contract, as it’s perfected based on the Consent between the agent (or distributor, who is also called an agent) and the proponent, and is also bilateral (synallagmatic) since it generates reciprocal obligations for both parties.

Finally, it is onerous, as the agent will be entitled to remuneration (also called commission, although this contract is not a commission); commutative, as the parties are aware of the services due; non-solemn, and may be verbal or written; and very personal (intuitu personae), because only the contracted agent can act as such, in addition to being ongoing.

A commercial representation contract is an agreement between a given company and its direct representative in a region where it seeks to present its product/service but does not have the local infrastructure to do so.

The main idea of the representative is that he/she sells the product or service independently, without there being an employment relationship between the two.

In Brazil, the commercial representative’s activity is governed by Law 4,866/65. This provision will outline the basic guidelines for drafting a commercial representation contract, making it a regulated activity.

It’s important to observe the need for the commercial representative to act in good faith when acting on behalf of the contracting company. The representative must report on his/her activities, as well as keep the contracting company informed of the entire commercial scenario of the region in which the representative will operate. Regarding the term of validity, this may be determined or indefinite.

To protect the parties, it’s important to clearly define the obligations of both parties, as well as the compensation for possible losses and damages.

Since the contract is international, greater care must be taken in defining the applicable law and jurisdiction, given the greater volatility of both in international relations.

b) intellectual property licensing and assignment agreement (including software)

This is an agreement granting the use of certain intellectual property (software, literature, images, audio, among others) for a certain period, which may be free or for a fee.

Regarding the characteristics of the agreement, this is typical, as it’s provided for by Laws 9,279/96 and 9,610/98, and may be for a fee or not, if the assignment is free, bilateral, and necessarily for a specific period.

The idea is to grant the use of the property to the other party in exchange for previously agreed amounts or free of charge. The agreement must also provide for the conditions of use of the intellectual property.

Representation of a foreign company by a Brazilian attorney (joint and several liability)

In Brazil, foreign companies are required by law to hire a Brazilian attorney to represent them in the country with directorial powers, in case they open another company to operate in Brazil.

In this case, it’s important to note that this attorney will be considered jointly liable for the obligations assumed by the foreign company in Brazil.

This means that if the foreign company fails to comply with its tax, labor, or commercial obligations in Brazil, the Brazilian attorney may be held liable for these obligations together with the foreign company. The attorney may be required to pay debts and compensate third parties on behalf of the foreign company.

This joint and several liability is provided for by Brazilian law and aims to ensure that foreign companies comply with their obligations in the country. In other words, encouraging foreign investment in Brazil.

Foreign companies must be aware of this responsibility when hiring a Brazilian attorney and choose a representative who is trustworthy and experienced in the legislation to invest.

Furthermore, it’s essential that the Brazilian attorney is aware of the foreign company’s obligations in Brazil and is in constant communication with the company to ensure that its obligations are met.

The attorney must also keep accurate and up-to-date records of all the company’s activities in Brazil and monitor compliance with legal and tax obligations.

If you need legal assistance from our team, please message us on WhatsApp.

The post Invest in Brazil: A Guide for Foreign Investors appeared first on Koetz International and Succession.

Marriage Abroad: How to have it valid in Brazil

Eduardo Koetz — Mon, 25 Nov 2024 13:53:38 +0000

Marriage abroad is only valid in Brazil after the Judiciary has approved it.

Author: Lucas Gomes Furtado

Imagine that a Brazilian is abroad and decides to marry a foreigner, or even another Brazilian. Would this marriage be valid in Brazil?

And if there were two foreigners wanting to validate their marriage in Brazil, what would be the differences?

In fact, it is perfectly possible for a Brazilian to get married in another country, and this marriage will also have effects in Brazil. However, certain precautions need to be taken to avoid possible inconveniences in the future, as we will explain in the following text.

If you need legal assistance from our team, please message us on WhatsApp.

What is the procedure for homologating a marriage abroad in Brazil?

First of all, it is worth noting that a marriage performed abroad is considered valid in Brazil. After all, there is no legal impediment that prohibits Brazilians from getting married in another country.

However, for this marriage to have legal effects here, it must be registered in Brazil, as this allows proof that the marriage actually took place.

This procedure is done extrajudicially and should occur as follows:

Abroad, the marriage will be registered at a Brazilian Consular Office in the country where it took place. The Brazilian spouse must be present at this time and will be the declarant, who will sign the document in the Registry Book.

To do so, the couple must present:

the marriage registration form, filled out and signed by the declarant;
the foreign marriage certificate;
the prenuptial agreement, if applicable;
original and valid passports, or another identity document;
in the case of the spouse being a foreigner, a declaration that they have never been married;
if there was a previous marriage, a death certificate if widowed, or a document proving divorce if divorced.

The Consulate will then issue a Brazilian marriage certificate with all the information contained in the foreign certificate.

Upon arrival in Brazil, the spouses must:

Transcribe the certificate at the 1st Civil Registry Office of their place of residence in Brazil;
or at the 1st Civil Registry Office of the Federal District, if they do not have a place of residence;
The deadline is 180 days from the date of return.

Once these requirements have been met, after the transcription, the marriage will be considered registered and the spouses will receive the final document at the same time, without having to wait.

If the couple is already in Brazil, without having registered the marriage at the Consulate, they can register it directly at the 1st Civil Registry Office, as long as the foreign certificate is apostilled (if the country is a signatory to the Hague Convention), or legalized, in addition to being translated by a sworn translator in Brazil.

Registering and homologating a marriage abroad in Brazil can even help in granting a family reunion visa and a residence permit.

It is worth noting that this last hypothesis will also apply when both spouses are foreigners, given that they would not have assistance from the Brazilian Consulate to carry out the registration.

What are the legal consequences of not registering a marriage abroad in Brazil?

As explained above, a Brazilian citizen’s marriage abroad is valid in Brazil, and it is not possible for a person to have two different marital statuses at the same time.

This means that even if a Brazilian citizen does not register his or her foreign marriage in Brazil, he or she will still be married before the law.

Therefore, the consequences of not registering a foreign marriage in Brazil can be diverse, but especially complex in the criminal, tax and social security areas.

It is not uncommon, for example, for people to need to declare their marital status in documents such as public powers of attorney, contracts, declarations, and other similar documents.

Thus, a Brazilian citizen who got married abroad and declares himself or herself single in Brazil may end up committing the crime of ideological falsehood and be punished for it.

Likewise, if this Brazilian citizen marries in Brazil after having previously married abroad, without having been divorced, he or she may be charged with the crime of bigamy. In addition, his or her new marriage may be considered null and void.

Therefore, it’s recommended that the marriage be registered in Brazil if the spouses wish to live here.

And what are the legal effects of homologating a marriage abroad in Brazil?

After the marriage is registered in Brazil, it will have legal effects in the country, like any other marriage that has taken place in Brazilian territory.

The act of getting married, in itself, brings with it a series of rights and obligations for the spouses, and this is no different in the case of a marriage performed in another country and registered in Brazil.

For example, the property regime chosen can have a considerable impact on the couple’s assets. With the registration, the regime decided by the couple at the place of marriage will prevail, in accordance with Brazilian law.

However, if the couple has not opted for any property regime at the time of marriage, the property regime of the spouses’ domicile will prevail. If it’s the same, or of the couple’s first domicile, if they have different domiciles.

In addition, the spouses will also be entitled to inheritance in the event of the death of one of them, depending on the property regime determined for that marriage.

Finally, if the couple has children, new legal responsibilities will arise. For example, ensuring their livelihood, education, and access to healthcare, among other family duties.

Is it possible to homologate a foreign marriage in Brazil after the death of the spouse?

It’s possible that, in the period between the marriage abroad and its registration in Brazil, one of the spouses may die.

However, there is no impediment to the procedure for registering this marriage in Brazil, that is, this registration will be accepted by the Registry Office, as long as the other steps are completed.

In this case, the surviving spouse may present, in addition to the other documents, the deceased’s death certificate, duly apostilled or legalized, and translated, proving the death of the spouse.

It’s important that this registration be done so that the marriage has effects in Brazil, mainly due to the succession of the deceased’s assets to the surviving spouse, if applicable, according to the current property regime.

How can a lawyer help with the homologation of a foreign marriage in Brazil?

A lawyer specializing in international law is a professional qualified to guide you through this procedure, which can cause doubts and confusion due to its specificities.

With the help of a qualified lawyer, the homologation of a foreign marriage in Brazil can be carried out correctly, ensuring that there are no problems until its conclusion.

The lawyer will handle the entire process practically alone, without you having to waste time on it.

In addition, you can also clarify doubts and learn more about the rights and obligations that govern your marriage, and what the legal effects will be resulting from its registration in Brazilian territory.

What happens to inheritance rights in Brazil and abroad after the death of a spouse?

If one of the spouses dies, an inventory must be opened so that their assets can be gathered and, ultimately, divided among the heirs in accordance with the law.

To do this, it will be necessary to analyze where the assets that belonged to the deceased are located.

If the deceased owned assets in Brazil, it will be necessary to open an inventory of these assets here. At the same time, if there are assets in another country, another inventory must be opened there, with a lawyer working there.

This happens because each country has its own national sovereignty, and Brazil cannot intervene in assets, decisions and laws in force in another country, and vice versa.

However, the legislation that should be applied to these inventories, as a rule, will be that of the deceased’s country of residence, regardless of where the inventory is being processed and where the assets are located.

There is, however, an important exception: if we are talking about a deceased foreigner, with a Brazilian spouse or Brazilian child and who left assets in Brazil, the most favorable law in relation to this inventory must be observed.

In other words, in this situation, Brazilian law or the law of the spouse’s country of residence may be used, depending on which is more favorable to the Brazilian spouse or child.

It’s also worth noting that the spouse’s share in the inheritance and the percentage to be inherited will depend on the existence of other heirs and the property regime that regulated his/her marriage with the deceased.

If you need legal assistance from our team, please message us on WhatsApp.

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Marrying a foreigner in Brazil

Eduardo Koetz — Fri, 28 Jun 2024 23:54:18 +0000

Let’s suppose that two people, a Brazilian and a foreigner, wish to get married to each other in Brazil and start a life there. What would be the rules in order for this marriage to be performed?

There is no question that marrying a foreigner in Brazil has some specificities which need to be taken into consideration so that the marriage can occur without any issues.

In this text, we are going to explain the details of the marriage process with a foreigner in Brazil, and also about the possibility of family reunion and the naturalization of the foreign person after the marriage.

If you need legal assistance from our team, please message us on WhatsApp.

How does marrying a foreigner work?

Any Brazilian person can marry their foreign partner in Brazil as long as they meet the requirements and correctly present the necessary documents for that.

It’s important for the foreigner to have a regular immigration status with a proper visa, which must be valid from the initial requirement by the couple until the day of the ceremony.
After all, a tourist visa, for example, which lasts 90 days, may expire before the conclusion of the marriage license process.

It’s also not uncommon that some Brazilian registry offices require the foreigner’s National Migration Registration Card, a residence permit, or other documents for the marriage to be performed.

Therefore, it is recommended for the foreigner to have a visa with a compatible expiration date for the whole process, like a student visa, depending on the situation.

Furthermore, to avoid possible setbacks in such a special moment, the foreigner and their Brazilian partner must pay close attention to the deadlines and follow these steps:

gather all the documents required by the registry office from the jurisdiction where one of the partners lives;
head to the registry office to show the documentation and apply for a marriage license;
decide about the matrimonial regime, the need to change names, if necessary, and pay the registry office fees;
after the marriage license process is finished, the couple will choose the date of the ceremony, which must happen within 90 days from the day they were licensed, and which can be performed in any registry office in the country.

What are the necessary documents for a foreigner to marry a Brazilian person in Brazil?

The basic documents required for a foreigner to marry a Brazilian person in Brazil will depend on the foreigner’s marital status.

If the foreigner is single, they will need to present:

their original birth certificate;
their original declaration of marital status, with all signatures notarized;
their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

If the foreigner is divorced, the following will be necessary:

their original divorce certificate;
their original marriage certificate;
their original declaration of marital status, with all signatures notarized;
their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

If the foreigner is widowed, they must show:

the original death certificate;
their original marriage certificate;
their original declaration of marital status, with all signatures notarized;
their original and valid passport, with the entry stamp in Brazil, or their National Register of Foreigners, if the foreigner lives in Brazil.

In all cases, all certificates and declarations emitted abroad must have an apostille stamp if the country of origin is a signatory to the Hague Convention. Otherwise, they must be legalized.

Similarly, these documents must be translated to Portuguese by a sworn translator, in case the language of the country of origin is a different one, and they must also be registered in a Titles and Documents notary’s office.

It’s important to remember that each Brazilian notary or registry office may require some other unlisted documents, depending on the situation.

What must be the matrimonial regime of a marriage with a foreigner in Brazil?

There is no legal obligation that one specific regime must be chosen in the case of marriage with a foreigner in Brazil because the rules applied are the same in regard to the marriage between two Brazilian citizens in Brazil.

If they both wish to, they can choose one of the matrimonial regimes which exist in the country. The three main regimes are:

universal community property;
partial community property;
separation of property.

In the universal community property regime, all the property acquired by each spouse belongs to the couple and will be divided in case of a divorce. That is, both the property acquired before and during the marriage.

On the other hand, in the partial community property regime, only the property acquired during the marriage will be divided in the event of a divorce.

In the separation of property regime, there will be no division of property since each spouse remains the owner of the realty they have acquired in their name.

In most cases, the couple will be able to choose whichever regime they wish. All they need to do is make a prenuptial agreement by public deed in a notary’s office, which must be later taken to the registry office where the marriage will take place.

If the couple does not choose any type of matrimonial regime, the partial community property regime will be automatically chosen for them.

Can a foreigner request a family reunion permit after getting married in Brazil?

Yes. The residence permit based on family reunion can be extremely interesting for a foreigner who married a Brazilian person in Brazil since it allows them to stay in the country with regular immigration status.

In this scenario, the Brazilian spouse is known as “the caller”, which is the one the foreigner wishes to reunite with. In a similar way, the foreigner is known as “the called”, the one who wishes to apply for the family reunion permit.

In order to do that, the foreigner must request a residence permit based on a family reunion from the Federal Police.

They must show the necessary documents with respect to a residence permit and attest to the existence of a family relationship with the Brazilian person, which means they need to prove that the marriage has in fact occurred.

Can a foreigner become a naturalized Brazilian after marriage in Brazil?

Yes, as long as they fulfill all requirements and show the correct documentation to apply for the ordinary naturalization of a foreigner in Brazil.

In other words, the marriage itself is not sufficient for the naturalization to happen, so the foreigner must correctly follow the instructions step-by-step to avoid problems.

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First, the foreigner needs a visa to enter Brazil, if necessary, and then apply for a residence permit when it becomes possible.

If this residence permit is a temporary one, they need to wait before they apply for a permanent residence permit, according to the legal time limits.

After becoming a permanent resident, the foreigner needs to reside in Brazil for at least one year while still being married to a Brazilian person, so that they can request their ordinary naturalization.

It’s also important to remember that the foreigner must be able to communicate in Portuguese and have no criminal record, or show proof of rehabilitation.

Is it possible to have a proxy marriage with a foreigner?

Yes, it is possible, whenever one or both partners are not present, with a proxy and following the rules established by Brazilian law.

Although the possibility of marrying via the power of attorney by private instrument exists in certain places, most Brazilian registry offices require that the power of attorney by public instrument be made for this type of marriage.
Therefore, the foreign partner who is not in Brazil can choose someone else to act on their behalf by giving them a special power of attorney via a proxy by public instrument, made in a notary’s office, in the country where they are currently in.

It’s also necessary that this document be translated to Portuguese by a sworn translator, and that it has an apostille stamp if the country of issue is a signatory to the Hague Convention, or else it must be legalized.

The chosen person will be able to participate in the act on behalf of the foreign partner. It is important to bear in mind that the document will expire after 90 days from the day it was issued.

Which nationalities marry Brazilians the most?

Among the nationalities that have been marrying Brazilians the most recently, a few European, North American, and Latin American ones could be highlighted, such as:

the Portuguese;
Argentinians, Uruguayans and Paraguayans (Mercosur);
Chileans;
the Spanish;
Americans;
the French;
Venezuelans;
Haitians.

One of the factors which may explain this preference is the strengthening of partnerships and the creation of bilateral agreements between countries over the years, as it has been frequently happening between Brazil and Portugal.

For that matter, both countries have signed several treaties between them, always aiming to facilitate certain relations among citizens and to establish mutual cooperation policies.

It would be the case, for instance, of the Equality Statute between Brazil and Portugal, which guarantees the Brazilians who live in Portugal many rights in parity with those of the Portuguese, and the same for the Portuguese people who reside in Brazil.

It’s also pertinent to point out the agreement between Brazil and the member states and associate states of Mercosur, through which their citizens are not usually required to have a visa to enter Brazil.
Therefore, Argentinians, Uruguayans, Paraguayans, and other countries’ nationals may apply for a temporary residence permit in Brazil without a visa if they fulfill the requirements and show the necessary documentation.

Another example of this facilitation is the agreement between Brazil and France, which makes citizens exempt from legalizing documents from either country when they are presented in the other, greatly reducing costs and speeding up the process.

Finally, having previous knowledge about agreements and treaties which have been signed between Brazil and the country of origin of your foreign partner can make all the difference while you successfully plan your marriage in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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Refuge in Brazil: what is needed to apply for?

Eduardo Koetz — Fri, 16 Feb 2024 10:55:29 +0000

Refuge in Brazil is a possibility for those people who can prove that they fled their country due to persecution. Be it religious, ethnic, political, among others. In this condition, they must also prove that they can no longer return to their country!

If you need legal assistance from our team, please message us on WhatsApp.

Who can apply for a refuge visa in Brazil?

Refugees are those who are outside their country of origin due to persecution based on ethnicity, religion, nationality, politics, among others. And, mainly, those who do not want or cannot return to their country – putting their freedom or physical integrity at risk.

The 1951 United Nations Refugee Convention and its Protocol (1967) are the foundations that govern international refugee law and practice. As for refuge in Brazil, it is regulated by Law No. 9474 of 1997, which states that any individual who:

I – due to well-founded fears of persecution for reasons of race, religion, nationality, social group or political opinions, they are outside their country of nationality and are unable or unwilling to seek the protection of that country;

II – having no nationality and being outside the country where they previously had their habitual residence, cannot or does not want to return to it, due to the circumstances described in the previous section;

III – due to serious and widespread violation of human rights, they are forced to leave their country of nationality to seek refuge in another country.

Refuge in Brazil

As seen, Law No. 9474/97 establishes all procedures for refugees, be it determination, loss of refugee status, the rights, and duties of asylum seekers and solutions for this population who wants to be a refuge in Brazil.

All asylum requests in Brazil are decided by the National Committee for Refugees (CONARE), a body linked to the Ministry of Justice. This brings together representatives from government, civil society, as well as the United Nations through UNHCR. In addition to analyzing requests, the body is also responsible for formulating asylum policy in Brazil and creating rules that clarify the terms of the asylum law.

How to apply for refuge in Brazil?

The first step to request asylum is to be in national territory. In the past, a foreigner who considered himself a victim of persecution in his country of origin had to present himself at a Federal Police station or immigration authority at the border and expressly request the right to refuge.

However, Brazil implemented Sisconare – the refuge system in Brazil – in 2019 with the aim of streamlining the process and making it digital. This new platform makes it possible to process all processes related to refuge in Brazil, gradually replacing the paper form.

Sisconare will optimize and speed up the processing of requests and recognition of refugee status. Thus, there will be gains in terms of efficiency and information security.

Asylum seekers will find it easier to formalize their request for recognition of their condition, and it will be more agile. Another advantage is that the information will be clearer, and the refugee will have access to their application processing and progress of the process online, making it more transparent.

Refugee application procedure in Brazil

To start applying for refuge in Brazil, must register with Sisconare through the official website. The government website itself has a step-by-step manual, including texts and figures, to make the process easier for the applicant.

After registering, the applicant will receive an email with a password, which allows them to access the system to fill out the form. Only after carrying out these steps will the applicant have to present themselves to the Federal Police so that their request can be received. Previously, the form was filled out at the Federal Police itself, but with the implementation of Sisconare, this step is no longer carried out.

When the foreigner appears at the competent body, he or she must present a 3×4 photo and identification documents – if available.

If you are renewing your protocol, you must also include the old one in the documentation.

Important details for applying for asylum

It’s important to highlight that the asylum request is free and can be made directly by the applicant – the presence of a lawyer or representative is not necessary. The information provided by the refugee must always be updated with the Federal Police and CONARE, considering that the bodies will communicate with foreigners through these communication channels.

Any information passed on by the individual will be confidential and will not be shared with authorities in their country of origin. Another significant point is that, even if a foreigner enters the country illegally, this does not prevent him from applying for a refugee visa.

It’s extremely essential to provide CONARE with as much detail as possible about the aspects of your request, since the more information in your process, the more elements the body has to decide on the case for refuge in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

The post Refuge in Brazil: what is needed to apply for? appeared first on Koetz International and Succession.

Brazilian visa for artistic or sporting activities

Eduardo Koetz — Tue, 06 Feb 2024 11:29:48 +0000

The Brazilian visa for artistic or sporting activities is a short-term permit for foreign artists and athletes to participate in cultural or sporting events in Brazil. Find out now the requirements and the length of time for permission to remain in the country.

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What is it, the Brazilian visa for artistic or sporting?

The Brazilian visa for artistic or sporting activities is a type of short-term visa that allows foreign artists and athletes to participate in cultural or sporting events in Brazil. This visa is issued by the Brazilian Consulate in the applicant’s country of origin.

What is the maximum length of stay in Brazil with this visa?

The visa for artistic or sporting activities has an expected residence period of up to 01 (one) year.

Can I renew the visa?

No. After 1 year, you must return to your home country.

How long after leaving Brazil can I apply for this visa again?

There is no minimum time established to reapply for a visa for artistic or sporting activities after leaving Brazil.

However, each visa application is assessed individually, and there is no guarantee that a previously granted visa will guarantee the granting of a new visa for a new application.

To increase the chances of the request being approved, you must follow all procedures and requirements established by the Brazilian consulate.

What are the requirements for the Brazilian visa for artistic or sporting?

In principle, the main requirements are:

Completed and signed visa application form;
Valid passport with at least six months of validity from the date of entry into Brazil;
Recent photo (size 3×4 cm) with white background;
Proof of residence in the applicant’s country of origin;
Invitation or contract with the company promoting the event in Brazil, which must include information about the event, the activity to be carried out, the date and location of the event, as well as information about remuneration, if any;
Proof of financial means to cover your expenses while in Brazil;
Proof of ties with the country of origin, such as an employment contract, enrollment in an educational institution or ownership of assets;
Criminal record.

Where and how to order the Brazilian visa for artistic or sporting?

The visa is issued by the Ministry of Labor and may grant prior residence authorization to carry out artistic or sporting activities, in accordance with art. 46 of Decree No. 9,199, of 2017. Only after issuing the authorization, the interested party must appear at the Consulate General.

The process to obtain a visa includes submitting documents such as:

Valid passport
Invitation letter from the institution responsible for the activity to be carried out in Brazil
Trip itinerary
Financial proof
Between others.

How long does the process take before a response comes from the Consulate or Embassy?

The time may vary depending on the country and Consulate or Embassy in question, as well as the number of requests they are processing at that time.

In general, the process can take anywhere from a few weeks to a few months to complete.

Applicants should begin the application process well in advance to ensure they have sufficient time to receive a response from the Consulate or Embassy before their scheduled travel date.

Additionally, in some cases, the Consulate or Embassy may ask you to provide additional documentation or conduct additional interviews with consular or immigration authorities. These additional requirements may further increase the time it takes to analyze your visa application.

In some cases, you may also need to schedule an interview at the Consulate. This will be informed to you after the request has been initiated by the Consulate or the responsible lawyer who is assisting with your process.

What could go wrong?

There are some situations that can go wrong during the application process for this type of visa. Some of them include:

Incomplete or inadequate documentation: If the documentation provided by the applicant is incomplete or inadequate, this may result in the visa application being rejected;
Problems with the passport’s validity period: the applicant’s passport must be valid for at least six months after the expected date of entry into Brazil. If the passport does not meet this requirement, the visa may be denied;
Criminal record: if the applicant has a criminal record or any other travel restriction, this may prevent the visa from being issued;
Reasons for travel not consistent with the activities permitted by the visa: this specific type of visa is issued for artistic or sporting activities in Brazil. If the applicant does not have a plausible justification for the trip or if the purpose of the trip is not compatible with the requested visa, the request may be denied;
Issues with the invitation letter: the invitation letter is an important document that must be provided by the institution responsible for the activity to be carried out in Brazil. If there are issues with this letter, such as inaccurate information or missing details, this may result in the application being rejected.

How can I prevent myself?

To prevent problems when applying for a visa for sporting and artistic activities, you must follow some recommendations:

Check Brazilian visa requirements: each country has specific requirements for issuing a visa for sporting and artistic activities. Check these requirements in advance and make sure you have all the necessary documentation;
Plan ahead: Start planning your trip early enough to have time to obtain all necessary documents and resolve potential issues;
Make sure you have all your documents in order: check that you have all the necessary documents, including your passport, qualification certificates, employment contracts and official invitations.

How can an international lawyer help me?

An international lawyer can be useful in obtaining a Brazilian visa for sporting and artistic activities. Some ways an international lawyer can help you include:

Check visa requirements: an international lawyer can help you understand Brazilian visa requirements for sporting and artistic activities, including the necessary documentation and processing deadlines;
Prepare documentation: assistance when preparing the necessary documentation for applying for a visa, including official invitations, proof of sporting and artistic activities, among others;
Monitor the application process: the international lawyer can monitor the visa application process, ensuring that all steps are completed and that the documentation is delivered correctly and on time;
Resolve problems: if problems occur with the visa application, such as delays or refusals, the international lawyer will assist and resolve these problems, presenting appeals and contacting the responsible authorities.

How to prepare for the Brazilian visa for artistic or sporting?

In summary, the visa for artistic or sporting activities is an option for foreign artists and athletes to participate in cultural or sporting events in Brazil, with an expected residence period of up to one year.

The main requirements for the request are: completed application form, valid passport, recent photo, proof of residence, invitation, or contract with the company promoting the event, proof of financial means and criminal record.

Therefore, the visa process can take a few weeks to a few months, and you should start your application in advance to avoid unforeseen circumstances.

If you need legal assistance from our team, please message us on WhatsApp.

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Hiring a foreigner in Brazil: main steps and precautions

Eduardo Koetz — Tue, 30 Jan 2024 10:58:45 +0000

In this text, we will address the hiring of a foreigner in Brazil, as well as the main steps and rights that immigrants have in the country with the New Migration Law of 2017. Check it out!

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Foreign Work Visa for hiring foreigners in Brazil

The work visa is the document that allows foreigners to enter Brazil with the aim of working and/or carrying out paid activities. To obtain this visa, it is necessary to present a series of documents and proof to the Brazilian Embassy or Consulate in the foreigner’s country of origin.

The types of work visas vary depending on the nature of the activity that the foreigner intends to carry out in Brazil, and may be a Temporary Visa (VITEM) or Residence Visa (VITER).

Furthermore, depending on the situation, the foreigner himself or the hiring company can carry out the work visa application process. The visa is a prerequisite for obtaining a work permit from the General Immigration Coordination (CGI), which is the body responsible for regulating the work of foreigners in Brazil.

Work authorization for hiring foreigners in Brazil

A work authorization is a document issued by the Ministry of Labor that allows a foreigner to work in Brazil. It is one of the important steps to regularize the foreigner’s situation and allow him to work in the country legally. Therefore, Authorization plays a significant role in hiring foreigners in Brazil.

To obtain a work permit, foreigners must present a series of documents, including a valid visa, passport, proof of residence, birth, or marriage certificate and educational or professional records.

The work permit is valid for a specified period and must be renewed before its expiration date. Furthermore, foreigners must keep it updated whenever there are changes to their migratory or professional status in Brazil.

Cases with exemption from CGI authorization

In summary, there are some cases in which a foreigner does not need to obtain a work permit from the General Immigration Coordination (CGI), such as:

Professionals from Mercosur member countries: professionals from Mercosur member countries (Argentina, Paraguay, Uruguay and Venezuela) who wish to work in Brazil are exempt from obtaining a work permit from the CGI;
Professionals with international agreements: professionals who wish to work in Brazil through international technical or scientific cooperation agreements, or in diplomatic or consular missions, are also exempt from the CGI work authorization;
Athletes and artists: foreign athletes and artists who wish to work in Brazil can also be exempt from the CGI work permit, as long as they are registered with the National Sports Council (CONDESP) or with the Human Rights Secretariat of the Presidency of the Republic (SDH), as appropriate;
Family members of Brazilians: spouses, children and parents of Brazilians can also work in Brazil without a CGI work permit.

These are some of the situations that require CGI work authorization.

What are the main rules for hiring CLT foreigners?

The rules for hiring foreigners in Brazil under the CLT (Consolidation of Labor Laws) modality include:

Valid visa: the foreign worker must have a valid visa to work in Brazil;
Authorization from CGI – Ministry of Labor: you need to obtain authorization from the Ministry of Labor to hire foreigners. However, there are some exceptions;
Proportionality: you need to respect the proportionality of Brazilians and foreigners employed in the company. In other words, a maximum of 1/3 of employees can be foreigners;
Justification for hiring: in addition, the company needs to justify why that vacancy is occupied by a foreigner and not by a Brazilian;
Registration with Social Security: foreigners must register with Brazilian Social Security to be entitled to benefits such as unemployment insurance and retirement;
Knowledge of the Portuguese language: although it is not a legal requirement, it is common for companies to require knowledge of the Portuguese language from foreign workers;
Equal remuneration: the foreign worker must receive the same remuneration as a Brazilian worker for the same position;
Labor rights: foreign workers have the same labor rights as a Brazilian worker, including vacation, 13th salary and FGTS.

What are the main differences when hiring a foreign employee?

The main differences when hiring a foreign employee are based on:

Necessary documentation: the foreign employee must have a valid visa and updated passport to be able to work in Brazil, in addition to authorization from the Ministry of Labor to fill the position;
Residence in Brazil: the foreign employee must have a proven fixed address in Brazil for the purposes of registering with Social Security and other public bodies;
Hiring process: the process of hiring a foreign employee can be more time-consuming and bureaucratic due to the need to obtain visas, authorization from the Ministry of Labor, justification for hiring and other immigration documents;
Company responsibility: the company that hires the foreign employee is responsible for ensuring that all necessary documentation is in order and that the employee is complying with Brazilian laws;
Remuneration: the foreign employee must receive equal remuneration to other employees of the company, without any type of discrimination.

Guidelines that you must give to a foreign person

If you are hiring a foreigner, you must provide the following guidance to him/her regarding employment contract, work authorization, work visa and National Registry of Foreigners (RNM) issues. See the main guidelines when hiring a foreigner in Brazil:

Employment contract: you must inform the foreigner about the working conditions, salary, working hours and labor rights contained in the employment contract to be signed;
Work authorization: inform the foreigner about the need to obtain work authorization to carry out their activities in Brazil;
Work visa: inform the foreigner about the need to obtain a work visa to be able to work in Brazil;
National Registry of Foreigners (RNM): inform the foreigner about the need to register with the RNM to work in Brazil and the importance of keeping this registry updated;
Expiry dates: inform the foreigner about the expiration dates of the work permit, work visa and RNM and the need to renew them if necessary;
Required documentation: inform the foreigner about the documentation required to obtain a work permit, work visa and RNM, including passport, proof of address, among others;
Obtaining process: inform the foreigner about the process of obtaining the work authorization, work visa and RNM, including the responsible bodies and the estimated time to obtain it;
Be careful with legality: inform foreigners about the importance of following Brazilian laws and regulations to avoid legal problems and penalties.

What law applies to foreigners who provide services in Brazil?

The Law applied to foreigners who provide services in Brazil is the Migration Law (Law nº 13,445/17), which regulates the entry, stay, and departure of foreigners from Brazilian territory.

Furthermore, the Consolidation of Labor Laws (CLT) also applies to foreigners working in Brazil. In other words, establishing the rules for the employment relationship, including rights and duties of workers and employers.

The Migration Law establishes, for example, the conditions for obtaining a work visa, while the CLT regulates issues such as working hours, wages, vacations, the right to health and safety at work, among others.

How to register a foreigner?

The registration of a foreigner, based on hiring a foreigner in Brazil, involves the following steps:

Work visa: assist in obtaining a valid work visa for the foreigner, especially through the authorization that you must obtain from the Ministry of Labor before the foreigner applies for the visa;
Issuance of CPF: foreigners must have a CPF (Individual Taxpayer Registry) to be registered as a worker in the country. The procedure can be done completely online, you do not need to go to the IRS in person;
Registration with Social Security: foreigners must be registered with Social Security to be entitled to retirement and other social security benefits;
Employment contract: you must draw up an employment contract, which must include working conditions, hours, wages, among other aspects. The contract must be registered at the Regional Labor Office;
Personal documents: you need the foreigner to have personal documents with him, such as a passport, work visa and valid ID (General Registration).

How to inform a foreigner on eSocial?

eSocial (Digital Bookkeeping System for Tax, Social Security and Labor Obligations) is the Federal Revenue system that aims to unify the provision of information from companies and workers to the tax, social security and labor authorities. When hiring a foreigner in Brazil, you must pay attention to the established rules.

To inform a foreigner on eSocial, the company must follow the following steps:

Check whether the foreigner has a valid work visa and work permit;
Create a foreigner’s registration in the eSocial system, providing personal, professional and social security data;
Send a record to inform the foreigner’s start of work, including information about the employment contract, the position held and the salary;
Register the foreigner in the social security system, informing the date of admission and salary;
Send information about remuneration, vacations and other labor rights through Remuneration Events;
Communicate the termination of the foreigner’s work.

The company must strictly follow eSocial rules and regulations to avoid sanctions and fines. Also, keep your data up to date and follow the guidelines of the tax, social security and labor authorities.

How long can a foreigner work in Brazil?

Brazilian law allows a foreigner to work in Brazil for a specific period, established by the work visa. The visa validity period may vary according to the purpose of the trip and the nature of the activity to be carried out in the country.

For example, the visa could be:

2 years, extendable for another 2 years;
permanent, through an indefinite employment contract, you can work in Brazil for an indefinite period of time.

Among other situations.

Furthermore, foreigners must renew their work visa every period of validity if they wish to continue working in the country.

It’s recommended that the foreigner and the hiring company frequently check their visa status to avoid legal problems.

How does an international employment contract work?

A company or institution in a country can sign an agreement with a foreign worker to work outside their country of origin, through an international employment contract. This contract establishes working conditions, including salary, working hours, vacations, rights and duties, among other aspects.

The international employment contract must be in accordance with the laws of the two countries involved – the worker’s country of origin and the country of destination. For example, if the foreign worker is providing services in Brazil, the contract must be in accordance with Brazilian laws, including the Consolidation of Labor Laws (CLT) and the Migration Law.

Furthermore, the international employment contract includes information on the duration of the contract, renewal or termination conditions, rights and obligations of the worker and the company, among other relevant aspects. Both parties must have a copy of the contract and it must be registered with the competent authorities, in accordance with applicable laws.

Contract for a foreigner working from home abroad, what to look out for?

When hiring a foreigner to work in a home office abroad, you must consider some legal aspects, including:

Local law: check the local laws applicable in the foreigner’s country of residence to ensure that the employment contract complies with local regulations;
Taxes: see if there are tax obligations in the foreigner’s country of residence and if it is necessary to pay taxes on the salary paid;
Social security: check whether there are social security obligations in the foreigner’s country of residence and whether it is necessary to contribute to the local pension system;
Labor rights: you must include clauses in the contract that guarantee the foreigner the labor rights provided for by local legislation and the International Convention on Labor Rights;
Communication: establish forms of communication between the parties and work schedules, to ensure work efficiency.

Are there differences or facilities for foreigners who are already hired by the company, but in another country?

Yes, there are differences and facilities for foreigners who are already employees of the company, but in another country. This way, you will find it easier to hire a foreigner in Brazil.

If the company already has an established working relationship with the foreigner in another country, this can facilitate the transfer process to Brazil. Because there is a working and trust relationship established between the parties. Furthermore, if the company already has a presence in Brazil, dealing with bureaucratic issues related to hiring foreigners may be easier. For example, obtaining a work permit and work visa.

However, even in these cases, the company needs to follow Brazil’s rules and regulations regarding hiring foreigners, including the need to obtain the necessary work permit and work visa. Furthermore, the company must ensure that the foreigner is in good standing in Brazil, otherwise they may face sanctions and fines.

Contract Signing

Signing the contract is an important step in hiring a foreigner in Brazil. The employer and the foreigner must sign the contract. Therefore, it must contain all clauses and conditions of work, including hours, salaries, benefits, among others.

Before signing the contract, the foreigner must obtain a work visa and work authorization from the General Immigration Coordination (CGI), the body responsible for regulating the work of foreigners in Brazil.

In addition, registration of the employment contract in the foreigner’s card and at the Regional Labor Office is also necessary. Likewise, it must be in accordance with Brazilian labor legislation.

Signing the contract is an opportunity for the employer and the foreigner to establish the obligations and rights of each party. This way, avoiding future problems.

Am I obliged to hire a foreigner through CLT?

There is no obligation to hire a foreigner under CLT (Consolidation of Labor Laws). The choice of the type of contract depends on the specific conditions of the case and must be in accordance with Brazilian laws and the rules of the Ministry of Labor.

However, contracting companies most often employ foreigners under the CLT regime, since this type of contract is the most used in the country and offers protection to the employee’s labor rights. Furthermore, the CLT establishes the obligations and rights of both parties, including salary, working hours, vacations, safety and health at work, among other aspects.

If the company wishes to hire a foreigner under another type of contract, such as a fixed-term employment contract or a temporary employment contract, you must check whether this option is permitted by Brazilian law and whether it complies with the standards of the Ministry of Work.

Can a foreigner in an irregular situation in Brazil work in the country?

No, a foreigner in an irregular situation in Brazil cannot work in the country. According to the Brazilian Migration Law, foreigners must have a valid visa to work in Brazil and be regularly registered with the immigration authorities.

Hiring an irregular foreigner can result in sanctions for the company, including fines and even the interruption of activities. Furthermore, foreign workers in an irregular situation may be subject to deportation and other measures restricting their stay in the country.

For these reasons, it is important that the company checks the foreigner’s immigration status before hiring him and keeps all documents and information up to date. Furthermore, the company can refer the foreigner to a lawyer who can regularize the foreigner’s situation in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

For example, in some cases a foreigner can apply for residence and, with just the application, the sanctions and restrictions are suspended. However, he needs to speak to a specialized lawyer to avoid the risk of being prevented from staying in Brazil.

Be careful with the minimum number of Brazilians in the company

Brazilian legislation establishes that companies must have a minimum number of Brazilian workers in their workforce. The measures are adopted to ensure that job vacancies are filled by Brazilians and avoid imbalance in the job market.

The proportion of foreign and Brazilian workers in the company depends on the sector and economic activity. Thus, the regulation of foreigners’ work in Brazil can be carried out by specific laws or by the General Immigration Coordination (CGI), which is the body responsible for regulation.

Therefore, it is important that companies check the legislation applicable to their sector before hiring foreigners, to avoid problems with the tax and labor authorities.

Hiring a foreigner in Brazil: labor rights of regularized foreigners

The labor rights of foreigners regularized in Brazil are the same as those of Brazilian workers. Therefore, they include: limited working hours, paid vacation, 13th salary, paid weekly rest, protection against unfair dismissal, among others.

Foreigners also have the right to safety and health at work, social security, protection against discrimination, and the right to strike, among others. Therefore, you must not forget these rules when hiring a foreigner in Brazil.

According to Brazilian labor legislation, the employer must provide workers, regardless of whether they are Brazilian or foreign, with decent working conditions, protection against work accidents, and respect all the rights provided for by law.

In case of non-compliance with labor rights, the foreigner can contact the Labor Court to resolve the problem. Furthermore, it is important to highlight that foreigners with legal status in the country have the right to join unions and participate in union movements.

What is the average cost of hiring a foreigner in Brazil that a company has to bear?

The average cost of hiring a foreigner varies depending on a number of factors, including the need to obtain a work permit, work visa, National Registry of Foreigners (RNM), processing fees, migration and logistics expenses, among others. .

Therefore, you should pay attention to some requirements that involve hiring a foreigner in Brazil.

In general, the total cost can vary from R$3,000.00 to R$10,000.00 or more, depending on the case. However, these values are only an estimate and you should consult a migration specialist for a more accurate assessment.

Does the law limit the foreigner’s stay in the company and in Brazil?

Yes, the Ministry of Labor and Employment (MTE) determines, on average, a deadline for the foreigner to remain in the company and in Brazil, through the work visa and work authorization granted.

A work visa is a visa granted to foreigners who wish to work in Brazil. The visa has a fixed validity and it is possible to renew it.

The work authorization is a necessary document for foreigners to carry out their professional activities in Brazil. It has a fixed validity and can be renewed, which makes the visa an essential requirement for hiring a foreigner in Brazil.

In general, the company and Brazil establish the limit for a foreigner’s stay at 2 years, extendable for another 2 years. However, the foreigner must comply with the conditions for his stay in Brazil and that there is a need for his presence at the company.

However, rules and regulations may vary depending on the visa and work permit category. In fact, you may be granted an indefinite (permanent) stay in Brazil, as long as you continue to work in the place that served as the basis for your grant of residence for work.

Care when hiring a foreigner in Brazil

Foreigners who wish to work legally in Brazil need to follow some requirements and procedures established by Brazilian immigration and labor laws.

Therefore, you must remember that foreigners need to have their identification documents up to date, such as passport and visa, and also need to have a registration number in the Individual Taxpayer Registry (CPF). The CPF is essential for foreigners to receive salaries and benefits and comply with their tax obligations in Brazil.

There are several Brazilian companies that hire foreigners to work in Brazil. Some of these companies are multinationals with operations in Brazil, while others are local companies seeking global talent for their teams. Therefore, knowing the requirements and standards helps when hiring these workers.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian pension for a foreign widow or widower

Eduardo Koetz — Tue, 23 Jan 2024 10:57:16 +0000

Spouses or foreign partners of Brazilians are also entitled to a death pension in Brazil, as long as they meet the requirements set out in social security legislation. Understand the main information about the Brazilian pension for a foreign below.

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Can every foreigner receive a death pension left by a partner or spouse, insured by Brazilian social security?

Yes, as long as you can prove your status as a partner or spouse. This is because, in short, the dependents, spouses and/or partners of the INSS insured person who dies are entitled to the death pension. In other words, the Brazilian pension for a foreign may be possible.

In addition, there are priorities for receiving the pension, such as spouse/partner, children and similar persons up to 21 years of age or disabled or with mental or serious disabilities at any age. However, if there are no such dependents/relations, parents or siblings can also receive the benefit.

What requirements does the deceased need to have completed to be entitled to a death pension for foreign?

To be entitled to the death pension, the deceased insured person needed to be insured with the INSS. The dependent or spouse/partner needs to prove the condition of the relationship with the deceased and prove his death. In other words, the Brazilian pension for a foreign may be possible if you prove your relationship.

In other words, he must prove the stable union or marriage.

For how long will I receive the Brazilian pension for foreigners, being the spouse or partner of the Brazilian insured?

For partners of the deceased who contributed for less than 18 months or in cases where the union/marriage was less than 2 years before the death, the duration of the pension is only 4 months.

However, if the deceased paid INSS for more than 18 months and the relationship was longer than 2 years. The duration of the death benefit for the partner or spouse will depend on the age at the date of death of the insured person.

Understand the duration according to the survivor’s age in the table:

RELATIONSHIP TO THE DECEASED AND AGE OF THE BENEFICIARY AT THE TIME OF DEATH	DURATION OF SURVIVOR’S PENSION PAYMENT
Former spouse or partner receiving alimony by court order	For the same period as alimony was determined
If the relationship was less than 2 years or the insured contributed only 18 months to the INSS	4 months
Companion Under 22 years old	3 (three) years
Companion Between 28 (twenty-eight) and 30 (thirty) years old	6 (six) years
Companion Between 28 (twenty-eight) and 30 (thirty) years old	10 (ten) years
Companion Between 31 (thirty-one) and 41 (forty-one) years old	15 (fifteen) years
Companion Between 42 (forty-two) and 44 (forty-four) years old	20 (twenty) years
Companion 45 years old or older	Lifetime

Other durations:

The insured must have contributed for 18 months or less or have entered into a marriage or stable union less than 2 years before death, for benefits to be granted within 4 months;
If the person is invalid or has a disability, the termination of the disability or the removal of the disability will respect the rules in point 1;
Alimony must be paid to the ex-spouse or ex-partner for the time that still remains to be paid.

Is there a minimum length of relationship to receive the death benefit in these cases?

Yes. According to Brazilian legislation, if the stable union lasted at least 2 years before the death of the insured person (if he contributed for more than 18 months), you can receive the pension for a longer period of time. This time varies according to the table shown in the item above.

However, if you have been in a stable relationship with the deceased for less than 2 years, you can receive the benefit for 4 months.

Therefore, this minimum length of relationship is required to avoid fraud and ensure that the death pension is only granted to those who actually maintained a relationship of affection and/or economic dependence with the deceased insured.

In fact, it is important to highlight that the death pension can only be granted to a spouse or partner. However, if there are more interested parties wishing to receive the pension, the person must prove the existence of the stable union and the right to the death pension.

If we were separated, but I received alimony, am I entitled to the death benefit?

Foremost, you may be entitled to the death pension as long as you meet all other requirements to be entitled to the benefit.

According to the law, for the right to a death pension to be recognized, you must prove economic dependence. Therefore, you, as a pension applicant, need to prove your dependence on the deceased insured. It can be a stable union or a valid marriage, as long as the existence of the relationship is proven by documents.

In the case of separation, alimony can be considered an economic dependence between the deceased insured and the person applicant for the death pension. But you must check whether the other requirements are met and whether there are documents proving the existence of the stable union or marriage.

Are same-sex couples entitled to a death pension left by a Brazilian insured person?

Yes, same-sex couples are entitled to a Brazilian pension for a foreign left by a Brazilian Social Security insured.

As of 2011, the STF, Federal Supreme Court, recognized stable unions between people of the same sex as equivalent to heterosexual stable unions. Since then, same-sex couples have been entitled to the same social security benefits, including the death pension.

In principle, to receive the death pension, you must prove the existence of a stable union between the deceased insured and the pension applicant. In this way, this can be done through documents that prove long-lasting coexistence, economic dependence and the relationship of affection between people.

Documents proving Stable Union/Marriage

Proof of residence in both names (for example: water bill in the name of one and electricity bill in the name of the other, at the same address/date);
Income Tax Declaration of the insured person, which lists the person concerned as their dependent;
Testamentary provisions;
Profiles on Social Networks;
Photos at social events;
Handwritten romantic letters;
Constant entry in the Work Card;
Special declaration made before a Notary;
Constant annotation in the Employee Record Sheet or Book;
Birth certificate of a child in common;
Religious Marriage Certificate;
Proof of evident domestic responsibilities and existence of partnership or communion in acts of civil life;
Power of attorney or guarantee reciprocally granted;
Joint bank account;
Registration in an association of any nature where the interested party is listed as a dependent of the insured;
Insurance policy in which the insured is listed as the initiator of the insurance and the person concerned as its beneficiary;
Treatment record at a medical care institution for which the insured person is listed as responsible;
Deed of purchase and sale of property by the insured in the name of the dependent and any other documents that may lead to the conviction of the fact to be proven.

If I receive a death benefit from an insured Brazilian, can I get married?

In principle, if you are receiving a death pension from an INSS insured, you can get married without affecting your right to the pension. However, if it is RPPS, you need to evaluate the specific regulations, because some do not allow marriage.

Furthermore, if there is any change in your personal situation, such as marriage, you must inform Social Security so that the continuity of your right to the death pension can be verified. This information must be provided even in the case of INSS.

If you have any doubts, consult with a lawyer specializing in social security law, what is best to do in your case. After all, if you do not notify correctly, it may later be considered fraud and a refund of amounts received improperly may be charged.

If I receive a death benefit from an insured Brazilian, can I work?

Yes, you can work while receiving the Brazilian pension for a foreign.

Therefore, unless the value of the salary removes the condition of economic dependence, work does not affect the right to the death pension, even if the applicant was a former partner at the time of death. However, if economic dependence is lost, the pension may be suspended or reduced, depending on the situation.

In other words, if you are a former spouse/partner, receive a death pension, started working and your work gave you sufficient means to support yourself, then your pension may be terminated.

If I receive a death benefit from an insured Brazilian, can I retire?

If you are receiving a death pension from a Brazilian Social Security insured, you can retire as long as you meet the requirements for retirement.

However, you will receive 100% of the higher benefit amount and only a portion of the lower benefit.

As a result, the percentage of the minor benefit will follow the table:

Amount of the minor benefit	Percentage you will receive from the minor benefit
Up to 1 minimum wage	continues to receive 100% of the benefit, that is, without reduction;
More than 1 minimum wage up to 2 minimum wages	60% of the benefit;
Above 2 minimum wages up to 3 minimum wages	40% of the benefit;
More than 3 minimum wages up to 4 minimum wages	20% of the benefit;
Above 4 minimum wages	10% of the benefit.

Does a foreigner need to be in Brazil to request a Brazilian pension for a foreign?

It’s not necessary for the foreigner to be physically present in Brazil to request the Brazilian pension for a foreign. After starting to receive the pension, you can carry out the process of transferring the benefit abroad remotely, as long as all necessary documents and proof of economic dependence on the deceased insured are presented.

However, you need to analyze whether your country imposes any impediments or restrictions on receiving amounts from Brazil.

Does a foreigner need to live in Brazil to receive or continue receiving death pension payments?

It’s not necessary for the foreigner to be living in Brazil to receive or continue receiving payment of the death pension.

In other words, foreigners can receive the benefit even if they are residing in another country.

How is the benefit amount transferred abroad if I move?

In short, the transfer of the benefit amount abroad can be carried out by bank transfer or by payment in foreign currency at a bank branch abroad.

To do this, the beneficiary must request the National Social Security Institute (INSS) to transfer the amounts to their account. However, this can only be done if the country where you want to send the money has an international pension agreement signed with Brazil.

If the country has an agreement, then you must inform the change of address abroad and provide the bank details of the country where you reside and the account in which you wish to receive payment.

Therefore, the process of transferring the benefit abroad may take some time and the INSS may request additional information, such as proof of change of residence.

In other cases, when there is no international pension agreement with Brazil, you need to send monthly remittances abroad, paying the appropriate fees and taxes. To do this, appoint an attorney in Brazil or look for a service specialized in remittances of this type.

What is the evidence to prove that the person who died was married or had a stable union with INSS insurance?

In summary, the evidence to prove that there was a stable union or marriage with an INSS insured person who died includes:

Proof of residence in both names (for example: water bill in the name of one and electricity bill in the name of the other, at the same address/date);
Income Tax Declaration of the insured person, which lists the person concerned as their dependent;
Testamentary provisions;
Profiles on Social Networks;
Photos at social events;
Handwritten romantic letters;
Constant entry in the Work Card;
Special declaration made before a Notary;
Constant annotation in the Employee Record Sheet or Book;
Birth certificate of a child in common;
Religious Marriage Certificate;
Proof of evident domestic responsibilities and existence of partnership or communion in acts of civil life;
Power of attorney or guarantee reciprocally granted;
Joint bank account;
Registration in an association of any nature where the interested party is listed as a dependent of the insured;
Insurance policy in which the insured is listed as the initiator of the insurance and the person concerned as its beneficiary;
Treatment record at a medical care institution for which the insured person is listed as responsible;
Deed of purchase and sale of property by the insured in the name of the dependent and any other documents that may lead to the conviction of the fact to be proven.

Do I need to translate tests that are from my country of origin? What are the rules for translation?

Yes, it’s necessary to translate evidence that is in another language into Portuguese, including documents coming from another country, if you need the Brazilian pension for a foreign. Therefore, the translation must be carried out by a public translator duly accredited by the Regional Council of Translators and Interpreters (CRTI) or by the Ministry of Justice.

Furthermore, the translation must include the identification of the public translator, his signature and the official seal. Furthermore, it is important that the translation is faithful to the original and proves the authenticity of the document.

For example, in some cases, the INSS may request the presentation of a certified copy of the original document, in addition to the translation. In this case, authentication must be carried out by a consulate or a notary’s office.

Therefore, it’s recommended to check the specific rules for translating documents in the country of origin and consult a Social Security professional.

What is the maximum period to request the benefit after the date of death?

There is no maximum application period, but there is a deadline to receive the benefit amount from the date of death.

In other words, there is a deadline for you to receive the arrears since the death. If you do not respect this deadline, you will only receive the pension after applying to the INSS.

Therefore, you have up to 90 days after death to request the INSS benefit and receive payment from the date of death.

However, the sooner the order is placed, the better. Requesting the death pension soon after the death of the insured reduces the risk of the request being rejected and makes it possible to receive retroactive amounts from the date of death.

What is the value of the Brazilian pension for a foreign?

The amount of the death benefit will be calculated based on the pension the deceased received or the permanent disability benefit to which he or she would have been entitled if he or she had survived.

In general, for deaths occurring after the pension reform, the value of the death pension is equivalent to 50% of the insured person’s benefit salary, plus 10% for each additional dependent, up to the limit of 100% of the benefit salary.

In other words, if 3 people are going to receive the benefit, say, a mother and two children, then the value will be 50% of the pension to which the deceased was entitled, plus 10% for each dependent. Thus, the total value of the pension will be 80% (50% + 30%).

How is the amount of the death pension for foreigners divided?

The rules for dividing the amount of the death pension applied to Brazilian spouses or partners also apply to the foreign applicant; In other words, an equal amount will be paid for each dependent who is entitled to the pension.

What do I do if my death benefit claim is denied/rejected?

If Social Security denies or rejects your Brazilian pension for a foreign request, it’s possible to file an administrative appeal against the decision or take legal action.

In fact, the appeal must be forwarded to the Social Security Appeals Board within 30 days from the date of notification of the decision.

Therefore, in the appeal, you must present all arguments and evidence that prove your right to the death pension, including documents that prove the family link with the deceased insured and your economic situation.

Furthermore, you can file a lawsuit without going through the administrative appeal. In Brazil, to file a claim in court, you must have a lawyer. Furthermore, in the case of a death benefit, the ideal lawyer is a Social Security lawyer.

If you need legal assistance from our team, please message us on WhatsApp.

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Purchase of land by foreigners in Brazil: rules and possibilities.

Eduardo Koetz — Mon, 22 Jan 2024 10:29:20 +0000

Many international investors are interested in purchasing land in Brazil. This is because foreigners seek to acquire rights to rural properties for the purposes of investment, production, exploration, and other activities. Therefore, it’s common a purchase of land by foreigners in Brazil.

However, the legislation that regulates land purchases is quite complex and requires careful planning. Several challenges must be overcome before a land purchase transaction is successful for the foreign investor.

In this text, we will see how the legislation works for the purchase of land in Brazil by foreigners what the main impediments are, and how to be able to buy a rural property. Check it out below.

If you need legal assistance from our team, please message us on WhatsApp.

Brazilian Law: what is the purchasing Regulation

Law No. 5,709, of October 7, 1971, and Normative Instruction 88 of 2017 of the National Institute of Colonization and Agrarian Reform (INCRA) are the rules that regulate the purchase of rural properties by foreigners in Brazil.

They were drawn up with the aim of protecting national sovereignty and establishing requirements that must be met in order to purchase rural land by foreigners.

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Which foreigner can buy land in Brazil?

In Brazil, the size of land that can be acquired by foreigners is defined by a type of measurement unit, the Indefinite Exploration Module (MEI). However, the MEI is determined by each region or municipality and, therefore, you must check the exact size of the MEI according to the location where the purchase will be made.

Text continues after infographic.

From this point on, each amount of MEI and type of foreigner will have its own rules for purchasing. This way, you can buy:

Up to 3 MEIs: a foreign individual who has permanent residence authorization in the country without additional authorization to purchase land;
More than 3 MEIs up to 50 MEIs: foreign individual with permanent residence permit in the country with specific authorization from INCRA;
Without size restrictions and without additional authorization: foreign individual if married to a Brazilian under the community of property regime or has a Brazilian child.
Under specific rules: legal entity (see below).

Furthermore, if the foreigner resides in the country, he or she can have rural properties in Brazil through legitimate succession, that is, through inheritance, as long as the property is not located in a border area.

How can a foreign Legal Entity acquire land in Brazil?

A foreign legal entity that has authorization to operate in Brazil or a Brazilian legal entity with a foreign partner holding more than 50% of the company’s capital will always need authorization to purchase land.

In other words, regardless of the size of the land (the number of MEIs), the legal entity will need authorization from INCRA to purchase rural land. On the other hand, if the company has more than 100 MEIs, it must request authorization from the National Congress.

However, if the foreign partner has less than a 50% stake in the company, the legal entity may purchase the rural land without any restrictions.

National Security Restrictions for purchase of land by foreigners in Brazil

You need to know if the property is located in a border strip or area considered essential for national security. Therefore, if this is the case, the foreigner will need the consent of the National Defense Council.

Furthermore, the total rural area belonging to foreigners cannot exceed 25% of the size of the municipality in which it is located.

The law establishes that foreign legal entities (foreign companies authorized to operate in Brazil or that own more than 50% of the capital) may only acquire rural properties. These are intended for the implementation of agricultural, livestock, industrial, or colonization projects, linked to their objectives statutory.

The Ministry of Agriculture or the Ministry of Industry and Commerce will need to approve these projects.

Despite these challenges, land acquisition can also represent great opportunities for foreign investors.

Therefore, foreigners interested in purchasing rural properties in Brazil can benefit from hiring specialized legal services to deal with Brazilian laws that oversee the purchase of land in the country.

Text continues after infographic.

We recommend that foreigners seek a lawyer specializing in International Law. In other words, to guide them about Brazilian laws and to ensure that they follow the land acquisition process correctly.

Steps to prepare for the purchase of land by foreigners in Brazil

Assess whether the land is in a border region or not;
Find out the size of the MEI in the municipality you want to buy;
Check if you are able to make the purchase, according to your situation and land size;
Seek specialized guidance to navigate bureaucracy in Brazil;
Validate with a professional if there are indeed no major restrictions.

We hope that with this information in mind, you can make a more qualified and safe purchase.

If you need legal assistance from our team, please message us on WhatsApp.

The post Purchase of land by foreigners in Brazil: rules and possibilities. appeared first on Koetz International and Succession.

Brazilian visa for foreign pensioner

Eduardo Koetz — Tue, 16 Jan 2024 10:43:17 +0000

The Brazilian visa for foreign pensioner is an option for those who receive a monthly pension of at least 2000 dollars, net. In this text, I explain the criteria and requirements that you, as a pensioner, must fulfill to be eligible for this visa.

Having the necessary knowledge when moving to a new country is crucial, especially when benefits are part of your budget. So, check the requirements and what to do to increase your chances of obtaining your visa.

If you need legal assistance from our team, please message us on WhatsApp.

What is the Brazilian visa for foreign pensioners?

The Brazilian visa for foreign pensioner is an authorization from Brazil for the immigrant to enter and stay in the country initially for 2 (two) years. To do this, it’s necessary to prove the monthly receipt of $2,000.00 (two thousand dollars) per death pension. However, this amount can be supplemented with other sources of income.

What are the rules for the temporary Brazilian visa for foreign pensioner?

To initiate the process of the Brazilian visa for foreign pensioner, it’s necessary to submit some documents, such as:

International immunization certificate, when required;
Valid health insurance in the national territory;
Proof of consular payment;
Completed visa application form;
Proof of means of transportation for entry into the national territory;
Certificate of criminal background issued by the country of origin or, at the discretion of the consular authority, and in accordance with the peculiarities of the country where the visa was requested, an equivalent document;
Proof of receipt of death pension in an amount equal to or greater than $2,000.00 (two thousand dollars) or other regular sources of income to complement the $2,000.00;
And other documents that may eventually be required.

What are the rules for the permanent Brazilian visa for foreign pensioner?

The rules for the permanent Brazilian visa for foreign pensioner do not actually apply. This is because the visa grants the right to stay in Brazil for 2 years initially. After that, the pensioner in Brazil can apply for residence authorization for an additional 2 years.

Finally, the law allows him to request the renewal of this residence in Brazil. However, the law has not yet established whether this renewal is temporary or permanent.

Therefore, because it remains open by law, the pensioner needs to assess with an immigration law specialist what viable options for permanent residence in Brazil he has (this modality is officially called indefinite residence).

How to apply for this visa without a lawyer or consultant?

The Brazilian visa for pensioners can be requested online by filling out the form on the Ministry of Foreign Affairs – SCI website. Afterward, it’s necessary to send the application and the required documentation to the Brazilian Consulate or Embassy in the country where the foreigner resides. Everything can be done online via the e-consular system.

However, if the Consulate or Embassy of interest does not have e-consular, it’s possible to proceed with the visa process by email, mail, or in person. In addition, it’s necessary to pay consular fees.

What are the risks of applying for the visa without professional assistance?

The risks of applying for the visa without professional assistance include:

Applying for the wrong category, i.e., requesting a different visa instead of the Brazilian visa for pensioners;
Not providing the correct documents;
Failing to meet the required deadlines;
Having the visa denied due to non-compliance with requirements or lack of evidence.
Another issue that cannot be overlooked: even after obtaining the visa or residence authorization, the immigrant must pay attention to other necessary procedures that Brazil requires. After all, if the foreigner stays irregularly in the country, they will be fined.

Thirdly, with professional assistance, it’s possible to analyze the immigrant’s migration situation. In other words, it’s possible to determine the best option for their entry and stay in Brazil, which can be through the Brazilian visa for pensioners, but also through another modality!

How can a lawyer or consultant help me avoid visa rejection?

A lawyer or consultant with knowledge and experience can assist in a more detailed analysis of the specific case, to verify if it’s indeed possible for the immigrant to come and stay in Brazil. Additionally, they can determine which visa or authorization is most suitable depending on the migration situation.

In conclusion, the right professional will be responsible for analyzing the necessary documentation for the application, assisting in the organization of the correct documents, and providing detailed clarification of the specific request. Moreover, they will submit the visa application to the relevant websites and competent authorities as required by law.

Any assistance provided by the specialist is welcome as it makes the analysis of the immigrant’s situation more comprehensive and reduces the chances of the application being denied. However, it’s essential to know that there is no 100% guarantee that your visa application will be approved since the decision is made by the Brazilian State, and there is no obligation for them to grant the visa.

Do I need to pay any fees to the Brazilian government to receive the visa?

Yes, you need to pay a fee to the Brazilian government to apply for and receive the Brazilian visa for pensioners. You must pay consular fees, which vary depending on the consulate or embassy where you are submitting the application. If you are applying for residence authorization, the fee in 2022 is R$168.13.

Additionally, the immigrant with a temporary visa or residence authorization needs to register with the Federal Police. In this registration, they will request your National Immigration Registration Card (CRNM), which has an issuance cost of R$204.77.

If you need legal assistance from our team, please message us on WhatsApp.

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How can a foreigner live in Brazil?

Eduardo Koetz — Tue, 09 Jan 2024 10:36:06 +0000

Brazil has an international reputation for being a welcoming and friendly country to foreigners who decide to leave their home countries and officially live in Brazilian territory. However, it’s natural for doubts to arise about how to live in Brazil. After all, how can a foreigner live in Brazil? What documents to present and what to actually do to avoid problems upon arrival?

Understand the main steps on how a foreigner can make a good move to Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

How can a foreigner live in Brazil?

A foreigner can live in Brazil through a temporary or permanent residence permit. However, until he obtains them, he must go through other steps. The first is to request and obtain a visa, when required, so that you can come to Brazil. Then, when he arrives in the country, he can start his residency application process.

Therefore, foreigners need to pay attention to their particular situation, which must fit into the following hypotheses for granting the visa:

study;
humanitarian welcome;
health treatment;
work;
remote work;
job offer;
voluntary service;
investments in Brazil;
family meeting;
sporting activities;
refugees and stateless people.

Therefore, you need to be careful and choose your visa correctly, according to the purpose of your trip.

How can a foreigner have a permanent visa in Brazil?

A foreigner can have a permanent visa in Brazil through a residence permit for an indefinite period, as long as he meets the requirements of Brazilian laws. In summary, the requirements are:

be in Brazil legally;
have justification for staying;
not have legal impediments, such as conviction of a crime without “recovery”.

However, different situations may generate different specific requirements. For example, whoever comes to Brazil on a family reunion visa and their justification is based on that meeting, then the bond with the caller (family member who wishes to reunite) must remain. In other words, if he requested a family reunion for marriage, he must remain married.

Furthermore, foreigners have the option of requesting the transformation of their residence permit into an indefinite one at the end of the term of the provisional residence permit. The deadline for this provisional authorization, also called temporary or fixed-term, varies depending on the type of visa or residence justification.

How long can a foreigner stay in Brazil?

The time a foreigner can stay in Brazil varies depending on the type of visa or residence permit he or she has requested. For example, a foreigner can stay as a tourist in Brazil, normally for a period of 90 days, with it being possible, in some cases, to extend it for another 90 days (depending on the country of origin). On the other hand, foreigners who have a residence permit for a period of 2 years can stay that long. Digital Nomads receive a 12-month visa, but can renew for up to 3 years.

Therefore, the important thing is that you evaluate the purpose of your trip and request a visa and/or residence permit accordingly!

However, if you definitely want to establish permanent residence in the country or even become a Brazilian citizen, but don’t know what the best option is in your case, the ideal is to speak to a migration lawyer.

If you need legal assistance from our team, please message us on WhatsApp.

How long can a foreigner stay in Brazil after applying for a residence permit?

Foreigners interested in applying for a residence permit can stay in Brazilian territory for up to 2 years with the first stage of authorization. This period may be shorter, according to the Brazilian Government’s assessment. However, after your application expires, it can be renewed or transformed into a permanent residence permit. However, you need to check which of the two options, renewal or transformation, your situation allows you to do.

Can a foreigner live in Brazil without a visa?

Foreigners without a valid visa are not permitted to live in Brazilian territory. A foreigner who is in Brazil as a tourist, for example, and who decides to live in Brazil, must first check whether he meets the requirements to have a residence permit. Afterward, he must request a residence permit in the appropriate modality, as soon as possible and, finally, forward his documents, RNE-CRNM.

Can a foreigner from Mercosur live in Brazil without a visa?

Foreigners from countries that are part of Mercosur or countries bordering Brazil, in a certain way, can live in Brazil without a visa. However, they must apply for a residence permit. This is because they can enter the country without a visa, and upon entering, they can apply for a residence permit without needing to present a visa.

However, to establish residence, they must obtain authorization.

There is a need to have an identification document from the country of origin, in addition to other required documents.

Can a foreigner live in Brazil without a deadline to leave?

In short, foreigners who decide to live in Brazil can obtain a residence permit for an indefinite period, also called “permanent”. However, it must meet some requirements of Brazilian legislation.

By default, most cases will require that the foreigner first have a temporary authorization and only then renew it for a permanent one. However, there are some exceptions that allow you to directly apply for a permanent residence permit, as is the case for some investors.

Can a foreigner live in Brazil without working?

Foreigners who want to live in Brazil without working can request a residence permit based on investments in Brazil, retirement or death pension, and also a residence permit based on family reunion.

Furthermore, there is the type of visa or digital nomad authorization, where the employment or service provision relationship is linked to a foreign employer and may be a possibility depending on the foreigner’s situation.

Can a foreigner live in Brazil and work without a visa?

In general, foreigners cannot live, or even work, without a valid visa in Brazil. If this happens, the immigrant may be fined and deported by the Brazilian government.

Foreign family, can you accompany him when he moves to Brazil?

Yes, immigrants who are moving to Brazil can bring their dependents based on the family reunion residence permit, that is, the foreigner does not need to leave behind a spouse or children.

Is it possible to apply for a family reunion visa alongside the main visa?

The request for a family reunion can happen at the same time as the foreigner’s main request, which motivated the foreigner to come to Brazil. Thus, the granting of the family reunion request is linked to the request of the calling foreigner (holder of the “main visa”).

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How can a migration lawyer help with a visa for a foreigner to live in Brazil?

The immigration lawyer can help foreigners in the search for the correct visa to live in Brazil, avoiding excessive waiting, unnecessary expenses and assisting throughout the process.

How can a migration lawyer help Brazilians obtain rights abroad?

Firstly, an experienced migration lawyer can facilitate the acquisition of rights as a Brazilian citizen by a foreigner, by helping the immigrant to always have their documents up to date. This way, the foreigner is more likely to gain their rights in Brazil.

Furthermore, it can assist throughout the entire process of the foreigner’s stay in Brazil and even in gaining Brazilian citizenship, if that is the immigrant’s interest.

How to obtain a residence visa in Brazil?

In principle, foreigners who want a residence permit for an indefinite period in Brazil must first apply for a temporary visa or temporary residence permit (according to the requirements of the Migration Law). This will normally be for a period of 2 years. Afterward, he may request renewal, in some cases, or transformation into permanent authorization.

As there are many variables to define when you can renew and how much you can transform, the ideal is to understand your case (type of visa or basis for the first residence permit) to know how to proceed. However, if you find it complex and want to speed up this process, you can speak to a migration lawyer for guidance.

How to obtain indefinite authorization?

To obtain indefinite authorization in Brazil, up to 90 days before the CRNM expires, the foreigner must apply for renewal of the document at the Federal Police. In this way, he can transform the residence permit into an indefinite one.

Can a visa to stay in Brazil be obtained with all Brazilian visas?

On the other hand, obtaining a residence permit for an indefinite period is not certain for some specific visas, such as:

Digital Nomad;
Studies;
Sports;
Between others.

The text continues after the infographic.

What happens if a foreigner has an expired visa in Brazil?

Foreigners whose visa has expired are subject to a fine of at least R$100.00, but which can reach R$10,000.00, according to the Brazilian Migration Law.

Can a foreigner with an expired visa be deported from Brazil?

Yes, foreigners who are not legally present in Brazil run the risk of being deported to their country of origin.

However, it’s important to keep in mind that the deportation procedure is not automatic, which guarantees the foreigner the right to enter into relevant administrative proceedings and defense.

What are the steps for a foreigner to be able to live in Brazil?

In short, foreigners who want to live in Brazil must understand the best justification for their residence in the country, according to their conditions and situation. Afterwards, he must gather all the necessary documents to request the desired visa and/or authorization and make the request to the Brazilian Federal Police.

It’s also possible to apply for a visa at the Consulate or consular sector, located at the Brazilian Embassy, in the country in which you are currently living. However, this option is only aimed at some specific cases, such as investors.

How long can a foreigner live in Brazil?

The length of time that a foreigner can live in Brazil depends on the foreigner’s own interests, as long as the requirements for their stay are met. In general, the first stage of residence permit grants 2 years, which can be renewed for another two years or made permanent. However, you need to evaluate your specific case to know which one fits in, renewal or transformation, or whether it falls into one of the exceptions that allows for faster permanent authorization.

If you need legal assistance from our team, please message us on WhatsApp.

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Retirement of Immigrant who worked in two countries

Eduardo Koetz — Tue, 02 Jan 2024 10:56:50 +0000

Retirement of immigrant who have worked in two or more countries can benefit from international social security agreements. After all, social security and welfare agreements can ensure mutual assistance for workers from various countries.

If you need legal assistance from our team, please message us on WhatsApp.

Retirement of Immigrants with Contributions in Two or More Countries

To qualify for immigrant retirement using the contributions made in two or more countries in the calculation, support from international social security agreements is required. Consequently, it’s possible to count the periods contributed in different countries to obtain retirement benefits elsewhere.

Koetz Advocacia is a law firm specialized in immigrant retirement and international benefits. The firm serves Brazilians and foreigners from anywhere in the world through online services for benefit claims and social security protection. So, if you need retirement of immigrant, check the information below or contact us!

In Brazil, there are agreements that allow this counting with dozens of countries, including:

Multilateral International Social Security Agreements for Retirement of immigrant

Mercosur
Iberoamerican
CPLP (Portuguese-speaking countries) – still pending

International Social Security Agreements by Country

Germany
Andorra
Argentina
Belgium
Bolivia
Cape Verde
Canada and Quebec
Chile
Colombia
Costa Rica
South Korea
Cuba and Cuban social security in Brazil
Ecuador
El Salvador
Spain
United States
France
Guatemala
Greece
Honduras
Italy
Japan
Luxembourg
Mozambique
Nicaragua
Panama
Paraguay
Peru
Portugal
Dominican Republic
Switzerland
Uruguay
Venezuela

Countries with international social security agreements already signed with Brazil pending ratification

Mozambique
Bulgaria
India
Czech Republic
Israel
Multilateral Agreement of the Community of Portuguese-Speaking Countries under negotiation

Countries with open negotiations for international social security agreements with Brazil

Austria
Ukraine

However, the legal possibility of expanding this understanding is being discussed and evolving. Therefore, if one of the two countries has a social security agreement with other countries, the agreement could be expanded in a way. In other words, the possibilities of retirement of immigrant are also expanded.

After informations about retirement of immigrant, read our content on the legalization of foreign workers and the reception of refugees in Brazil

Retirement of Brazilian immigrants abroad

*Update October 2021: it should be noted that the issue of the 25% withholding tax has been submitted for evaluation in the STF and is expected to be judged in the coming years, remaining pending in the judiciary until then.

If you need legal assistance from our team, please message us on WhatsApp.

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Visa to enter Brazil: who needs it, rules and precautions.

Eduardo Koetz — Tue, 26 Dec 2023 10:47:37 +0000

In this text, I will explain the visa for entry into Brazil and its requirements. Furthermore, I provide examples of which country needs a visa to enter Brazil, that is, which people, depending on their nationality, must obtain a visa before traveling or not. For example, Americans, Indians, and people from MERCOSUR countries, among others.

If you need legal assistance from our team, please message us on WhatsApp.

Do you require a visa to enter Brazil?

It depends. Some countries are not subject to a visit visa, as is the case with MERCOSUR and neighboring countries. Furthermore, other countries have agreements like Brazil and do not require the entry of Brazilians and so on, or Brazil also does not require foreigners. Therefore, you should research the type of visualization that best suits your needs. After all, you need to investigate whether Brazil requires this approval from people who are from the same country as you.

For example, if you want to live in Brazil, you will probably need some type of visa, unless you are from MERCOSUR or neighboring countries.

Who requires a visa to enter Brazil?

In principle, Brazil requires a visa from citizens who are from countries that also require a visa from Brazilians. After all, the Brazilian State works on the principle of reciprocity, that is, when a country requests visas from Brazilians, in general, Brazil does the same.

See some examples below.

Who doesn’t need a visa?

The list is long. The main highlights are MERCOSUR countries that border Brazil. However, we will go into more detail later in the text.

Nationals of which country require a visa to enter Brazil?

Some countries require a visa to enter Brazil, for example:

Afghanistan;
Brunei;
Bhutan;
Chad;
Cook Islands;
People’s Korea (northern);
Gambia;
Between others.

And which countries do Brazil not require?

The most complete list of countries can be found in our article on countries from which a visa is not required to enter Brazil. But some examples are:

France;
Hong Kong;
Ireland;
Italy;
Peru;
South Africa;
Uruguay;
UK;
Between others.

What are the entry requirements to Brazil?

Apart from the visa (when necessary) and the identity card (in the case of MERCOSUR, for example) and the passport, there are no other requirements for entry into Brazil.

However, the Ministry of Health advises the vaccination of:

Yellow fever;
Measles;
Diphtheria;
Tetanus;
Polio;
Rubella;
COVID, or test if you do not have a complete vaccination schedule.

How much does a visa cost to enter Brazil?

The cost of the visa to enter Brazil varies depending on the foreigner’s country of origin. In other words, the amount is informed directly at the Brazilian Embassy or Consulate abroad, according to the local currency.

The price of a Brazilian visa can vary depending on several factors. These include the category of visa requested, the applicant’s country of origin, the duration of the visa, the purpose of the trip, the processing fee and even the current value of Gold. Furthermore, the amounts may differ depending on the embassy or consulate responsible for processing the request.

For example, values may be higher for citizens of countries considered high risk or that have a recent history of illegal immigration to Brazil. In general, the price of a Brazilian visa is established by the Brazilian Government and can be revised periodically, for example, once a year. It is important that applicants check the updated values on the website of the responsible embassy or consulate before making the request.

What are the types of visas to enter Brazil?

Brazil has several types of visas and subdivisions, but the main ones are:

Visit;
Temporary;
Diplomatic;
Official;
Courtesy.

It’s likely that you will use a visit or temporary visa, if required in your case. The visit visa is aimed at people who wish to stay in Brazil, in general, for up to 90 days, without working. On the other hand, the temporary visa allows for longer stays, but for a limited period. In general, this period will be 2 years, but it could be more or less, depending on your justification for staying in the country.

In many cases, this period can be extended and even be the basis for applying for a residence permit.

Do I need a lawyer to get a visa to enter Brazil?

No. However, having a qualified professional at the time of granting the visa can reduce headaches. Therefore, a lawyer can help you organize documents, understand Brazilian Government requirements and provide more assertive guidance when paying fees and presenting the right documents to the competent bodies.

How to apply for a visa to enter Brazil online?

To apply for a visa to enter Brazil online, you must access the e-consular, the official website of the Brazilian Government, and follow the step-by-step instructions on the website.

How to apply for a visa to enter Brazil on your own?

In the case of Embassies and Consultancies that have an e-consular, you must access the website and follow the step-by-step instructions.

However, if there is no e-Consular, you must seek personal contact, via email or post. If you find it complicated, you can look for a lawyer specialized in Migration Law who is used to making this type of contact and referrals.

This way, he will be able to take over parts of the bureaucratic process for you, as well as guide the steps and actions that you need to take personally.

The Embassy or Consulate does not have an e-consular. What to do?

If the Embassy or Consulate does not have an e-consular, you have 2 alternatives:

Find the official means of contact at the Embassy or Consulate, such as telephone, email, mail or in person;
Hire a lawyer specializing in Migration Law to take over parts of the process and guide the steps that the Government requires you to take personally.

What are the risks of applying for a visa to enter Brazil alone, without the help of a lawyer?

The risks of applying for a visa to enter Brazil alone, without the help of a lawyer, is that the visa will be denied. That is, with the help of a specialized professional, the chances of you obtaining the visa are greater. The lawyer can facilitate the process, having contact with the responsible bodies of the Brazilian Government, in addition to understanding which steps are important when applying.

What are the benefits of asking a lawyer?

It’s likely that a specialist lawyer will facilitate the entire procedure. In other words, with a professional, the necessary documents can be organized more assertively and the chances of errors are lower.

Americans requires a visa to enter Brazil?

A visit visa for Americans to enter Brazil is necessary. In fact, Brazil works with the rule of reciprocity and as the United States requires visas from Brazilians, Brazil also requires visas from Americans.

The new Government started to require a visa again, in accordance with the law of reciprocity, while under the Bolsonaro Government it was not necessary. In fact, the measure came into force on the 1st. October 2023.

Indian requires a visa to enter Brazil?

According to the Brazilian Government, yes, a visa for Indians to enter Brazil is required, including in cases of visit.

Summary of the steps to obtain a visa to enter Brazil:

Find out the type of visa you need;
Research whether Brazil requires this type of visa for people from your country of origin;
Gather the documents and evidence justifying your stay in Brazil, in the case of a temporary visa – if necessary, consult a lawyer to assist you at this stage;
Access the official website of the Brazilian Government, e-consular and follow the order steps;
If the Brazilian Embassy or Consulate in your country does not have an e-Consular, look for an alternative form of contact or a specialized lawyer;
Pay consular fees and/or fees and comply with the schedule of requirements, such as interviews and presentation of documents.

If you need legal assistance from our team, please message us on WhatsApp.

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Import and export of own vehicles

Eduardo Koetz — Wed, 20 Dec 2023 18:37:21 +0000

Understanding how the process of import and export of own vehicles works is a topic of great relevance given the Brazilian reality. The Brazilian motor vehicle market is one of the largest in the world, and there is considerable demand on the issue of import and export.

So, in this article, we’ll be able to explain the main doubts about the process of importing and exporting our vehicles, from the perspective of private international law.

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Velozo de Mello Marchiori

Import and export of own vehicles: who can import vehicles in Brazil?

Starting with the issue of imports, one of the most relevant aspects is knowing who can import vehicles in Brazil. This possibility will vary according to the condition of the vehicles.

In the case of new vehicles, both individuals and legal entities can import them. Thus, companies in Brazil and Brazilian citizens can import new vehicles without major legal restrictions. To do this, the individual or legal entity must register with Radar/Siscomex.

The import of vehicles by individuals is only permitted for their own use. Therefore, the law prohibits the importation of vehicles by individuals for commercialization purposes in Brazil.

Used vehicles are restricted to individuals. Therefore, it is necessary to prove that the vehicles are for collection purposes. Therefore, the import of used imported vehicles encounters greater difficulty.

The importer must be a member of a club, affiliated with the Brazilian Federation of Vintage Vehicles (FBVA). This federation analyzes whether vehicles meet the requirements to qualify as collectibles.

This brings us to an important question about the types of vehicles imported in Brazil.

What types of vehicles can be imported?

The possibility of importing vehicles comes with some restrictions that need to be observed.

As already mentioned in the previous topic, new vehicles can be imported by both individuals and legal entities. A new vehicle has zero mileage, regardless of its year of manufacture. Furthermore, the vehicle must never be licensed or registered in its country of origin.

In turn, used vehicles must be imported by an individual. These vehicles must be identified as a collector’s item, being at least 30 years old.

It’s significant to note that the vehicle is manufactured in 30 years, not the model. Thus, a 1994 model vehicle, manufactured in 1993, would already be able to be imported in 2023.

SECEX Ordinance No. 249, of July 4, 2023, establishes the list of vehicles permitted for import into Brazil:

Tractors;
Motor vehicles for transporting ten or more people, including the driver;
Passenger cars and other motor vehicles mainly designed for the transport of people (except those heading 8702), including mixed-use vehicles (Station Wagons) and racing cars;
Motor vehicles for the transport of goods;
Motor vehicles for special uses (e.g., auto-rescue vehicles, crane trucks, fire-fighting vehicles, concrete mixer trucks, sweeping vehicles, spreading vehicles, workshop vehicles, radiological vehicles), except those designed primarily for the transport of people or goods;
Motorcycles (including mopeds) and others equipped with an auxiliary engine, even with a sidecar; sidecars;
Motor vehicles without lifting devices, of the type used in factories, warehouses, ports, or airports, for transporting goods over short distances; tractor cars of the type used in railway stations; its parts;
Trailers and semi-trailers, for any vehicles; other non-self-propelled vehicles; its parts.

As we can see, this is a very extensive list, capable of covering different types of vehicles.

Brazil’s vehicle export market

Although the process of importing vehicles has greater demand and demand in Brazil, it is also possible to export vehicles manufactured here. Therefore, many foreign investors are looking to buy Brazilian vehicles.

The internet has favored this type of market. In this way, the search for vintage vehicles today is much easier and more accessible for buyers from all over the world.

It’s recommended to act as an individual in import cases. This occurs because Normative Instruction 1.984/20 places some impediments that could generate conflicts with the Federal Revenue if the import does not occur through a company.

Therefore, if you intend to export a vehicle, the most recommended option is to set up your own company or carry out the operation through a trading company.

How does the process of export of own vehicles work?

To export used vehicles, it is also necessary to be qualified in Radar/Siscomex, as well as when importing. This registration is a requirement of the Federal Revenue of Brazil for all companies and individuals who wish to import or export.

After qualifying, you must make a reservation, also known as a Booking. This process consists of loading the vehicle into a shipping container. It is necessary to demonstrate the real intention of transporting the vehicle to the destination country.

After making the reservation, it’s essential to issue the Export Invoice. This is an essential document provided for by Brazilian legislation, which allows the vehicle to be transported to the boarding terminal. To do so, the exporter must be authorized by the State Treasury Department.

At this point, the exporter arranges for the issuance of shipping documentation. This documentation involves:

Commercial invoice: an international document that represents the completion of the commercial operation. It is essential for customs clearance in the country of destination of the vehicle;
Packing List: document related to the logistics process, establishing a list of shipped products and their characteristics;
Draft Bill of Lading: this is a document that represents the exporter’s obligation to the carrier;
Single Export Declaration: is a document that represents the data contained in the Export NF, and the data provided by the operator.

With the issuance of this documentation, export will occur, complying with international standards.

If you need legal assistance from our team, please message us on WhatsApp.

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How to obtain Brazilian naturalization: all you need to know

Eduardo Koetz — Tue, 12 Dec 2023 10:57:31 +0000

See, in this text, how to obtain Brazilian naturalization, the documentation for Brazilian citizenship requirements, and how long it takes to naturalize!

If you are a foreigner in Brazil, know that it’s possible to obtain Brazilian citizenship (known as naturalization). However, it’s necessary to understand which requirements to fulfill and which documentation is necessary.

In this text, I explain the main points.

If you need legal assistance from our team, please message us on WhatsApp.

What is Brazilian naturalization?

Brazilian naturalization is a voluntary desire to acquire Brazilian nationality, meaning that the foreigner makes a choice to adopt a new nationality.

In other words, naturalization is an acquisition of secondary nationality.

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Therefore, Brazilian naturalization is a decision made by the foreigner themselves who are interested in becoming Brazilian.

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Who is eligible, and what are the requirements for Brazilian naturalization?

Foreigners who are eligible for ordinary Brazilian naturalization are:

Those who have been living in Brazil under indefinite residence authorization (or permit) for 4 years;
Or, under the same condition, for 1 year if they are married to a Brazilian or have a Brazilian child;
Also, those with indefinite residence authorization, if they are originally from a country with Portuguese as an official language and have lived continuously in Brazil for 1 year;
Those who have been living in Brazil for 15 years, including cases of individuals from MERCOSUR or neighboring countries who entered without a visa;
Or those who meet the requirements for other forms of naturalization: extraordinary, provisional, and special. You will understand more about them below.

Therefore, depending on your case, the rules may vary.

How does Brazilian naturalization work for foreigners?

The naturalization process for foreigners works through several steps:

Completing the requirements for the desired Brazilian naturalization;
Applying for Brazilian naturalization to the Federal Police, and then to the Public Prosecutor’s Office;
After the application is made, the Federal Police sends the request to the Immigration Department, and it’s decided whether the naturalization will be accepted or not;
Then, the Brazilian naturalization process will be officially published in the Official Gazette of the Union (DOU).

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Later on, I will explain how long the Brazilian naturalization process takes and what documentation is required.

List of documentation to obtain Brazilian naturalization

The list of documentation for Brazilian naturalization depends on the type of naturalization you are requesting from the Brazilian government. However, for the ordinary mode, which is the most common, the required documents include:

Completed and signed form to the Coordination of Migration Processes of the General Coordination of Migration Policy of the Department of Migrations of the National Secretariat of Justice;
Copy of the National Migration Registry Card;
Proof of tax registration status (CPF);
Criminal record certificate issued by the Federal and State Courts of the places where you have resided in the last four years;
Utility bills (water, energy, or telephone);
Criminal record certificate or equivalent document issued by the country of origin, legalized and translated;
Proof of rehabilitation, if applicable to the foreigner;
Proof of residence;
Certificates of completion of courses;
Diplomas;
School transcripts;
Medical examinations;
Social Security statements;
Health insurance statements; or
Other documents that prove continuous and uninterrupted residence in the country;
Copy of the international travel document, even if expired, in accordance with Mercosur rules;
Updated marriage certificate;
Documents proving a stable union;
Birth certificate of the Brazilian child;
Document indicating the ability to communicate in the Portuguese language;
Proficiency in the Portuguese language for foreigners
And others.

However, to know how to naturalize as a Brazilian citizen in other modes, please refer to the rules specific to each mode or consult an immigration lawyer you trust.

Who is prohibited from naturalizing in Brazil?

Foreigners are prohibited from obtaining naturalization if they do not meet all the requirements that Brazil demands. For example, if they have committed a crime and have not been rehabilitated under the law.

How long does the Brazilian naturalization process take?

The duration of the Brazilian naturalization process can vary depending on various factors, such as the complexity of the case, the workload of the immigration authorities, and the completeness of the documentation provided. Generally, the process can take several months to a year or more.

It’s important to note that the naturalization process in Brazil requires thorough review and evaluation by the relevant authorities, which can contribute to the overall processing time.

It’s advisable to consult with an immigration lawyer or expert to better understand the specific timeline and requirements for your naturalization process.

Can I become a Brazilian citizen without losing my citizenship of origin?

In some cases, it’s possible to naturalize in Brazil without losing the citizenship of your country of origin. However, this depends on the laws of your country of birth and whether they allow for dual citizenship.

It’s critical to consult with legal experts or authorities in both Brazil and your country of origin to understand the specific regulations and requirements regarding dual citizenship.

They will be able to provide accurate information and guidance based on your individual circumstances.

Can I receive Brazilian naturalization through marriage?

You can receive Brazilian naturalization through marriage, provided that you meet the requirements that Brazil demands in ordinary naturalization.

Therefore, only marriage between a Brazilian citizen and a foreigner is not enough to secure naturalization. You must ensure that all requirements are being met.

However, being married to a Brazilian can reduce the time it takes to apply for ordinary Brazilian naturalization. Therefore, you should:

Obtain your visa to enter Brazil (if the country requires it);
Wait for the necessary period (which may be immediate) to apply for residence authorization;
If not received in the first request, apply for permanent residence authorization within the deadline;
Live for 1 year in Brazil, married to a Brazilian;
Apply for ordinary naturalization.

How long does Brazilian naturalization take after starting the process?

The deadline for Brazilian naturalization after starting the process is 180 days, according to decree 9199/2017. It states that:

“Article 228. The naturalization procedure shall be completed within a period of one hundred and eighty days, counted from the date of receipt of the application. § 1. In the case of special naturalization, the counting of the deadline shall begin from the receipt of the application by the Ministry of Justice and Public Security. § 2. If diligences are necessary for the naturalization procedure, the deadline provided for in the caput may be extended by means of an act of the Minister of State for Justice and Public Security that justifies the extension.”

What are the types of Brazilian naturalization?

The types of Brazilian naturalization are, according to article 64 of Law 13445/17:

ordinary;
extraordinary;
special;
provisional.

How to obtain Brazilian naturalization: Ordinary Brazilian Naturalization

Ordinary Brazilian naturalization is the most common type of naturalization in Brazil. These are the requirements for becoming a Brazilian citizen:

Be legally capable, according to Brazilian law;
Have resided in Brazil for a minimum of 4 years;
Be able to communicate in Portuguese, considering the naturalizing person’s conditions; and
Have no criminal convictions or have been rehabilitated, according to the law.

Foreigners can obtain a reduction in the permanent residency period before applying for ordinary Brazilian naturalization if:

They have a Brazilian-born or a Brazilian citizen child, excluding provisional naturalization; or
They have a Brazilian spouse or partner and are not legally or factually separated at the time of naturalization;
They come from a country with Portuguese as an official language and have lived in Brazil for 1 uninterrupted year (with indefinite authorization);
They have provided or can provide relevant service to the country; or
They are recommended for their professional, scientific, or artistic ability.

Foreigners from Portuguese-speaking countries can also have their application facilitated if they have:

Resided in the country for one uninterrupted year; and
Good moral character.

How to obtain Brazilian naturalization: Extraordinary Naturalization

Extraordinary naturalization can be granted to foreigners who have been living in Brazil for more than 15 consecutive years. However, it’s also important not to have any criminal convictions.

How to obtain Brazilian naturalization: Special Naturalization

Foreigners can obtain special naturalization if:

they have been the spouse or partner, for more than 5 years, of a member of the Brazilian Foreign Service or a person serving the Brazilian state abroad;
or they have been or have been employed in a diplomatic mission or consular office of Brazil for more than 10 uninterrupted years.

How to obtain Brazilian naturalization: Provisional Naturalization

A foreign child or adolescent can obtain provisional naturalization if they have residency in Brazil before turning 10 years old.

However, since the foreigner in this case is not 18 years old (legal age), they will need their naturalization to be carried out by a legal representative.

Additionally, those who have provisional naturalization can request its conversion to permanent naturalization within 2 years after reaching legal age (18 years old).

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What does the Federal Constitution say about Brazilian naturalization?

The Constitution Federal establishes, in general, equality between Brazilian native-born citizens and naturalized citizens, according to article 12. However, it provides for some exceptions, such as in the cases of the President of the Republic, diplomatic careers, and the armed forces, whose positions must be filled by native-born Brazilians.

What is the current law that governs naturalization in Brazil?

In other words, there are laws, decrees, and regulations that govern naturalization. The main ones are:

How to apply for and submit a request for Brazilian naturalization?

To apply for and make a request for Brazilian naturalization, you need to submit your application through the Naturalizar-se System. After that, an interview will be scheduled at the Federal Police.

Once the interview is approved, the case is forwarded to the Immigration Department of the Ministry of Justice and Public Security for a decision.

Additionally, it is necessary to check if the naturalization has been granted through the Official Gazette of the Union.

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How to forward the Brazilian naturalization procedure to the Federal Police?

In order to submit the naturalization request to the Federal Police, the interested foreigner must apply through the Naturalizar-se System, filling out the form and attaching the necessary documents for each type of naturalization chosen.

Then, after confirming and approving the documents, the foreigner must schedule an appointment to be seen in person at the nearest Federal Police.

How can the lawyer help with my request?

A lawyer can help with your request, as the process can be laborious, complex and even confusing, especially due to the documentation required for Brazilian naturalization. Furthermore, it can clarify how to naturalize as a Brazilian, the steps and requirements, as well as the best strategy in your case.

As the requirements for Brazilian naturalization are numerous, in addition to requiring the presence of several government bodies in the process, such as the Ministry of Justice and the Federal Police, a qualified lawyer can make a difference in facilitating all stages, as the process progresses.

If you need legal assistance from our team, please message us on WhatsApp.

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Tourist Visa for Brazil for US, Canadian, and Australian Citizens

Eduardo Koetz — Mon, 11 Dec 2023 18:37:26 +0000

American, Canadian, and Australian citizens were visa-free to enter Brazil as tourists for many years. However, with a recent change, citizens of these countries will again need visas to enter Brazil.

In this article, we will analyze this change and check the general requirements for citizens of each of these visas.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Velozo de Mello Marchiori

What is the purpose of the tourist visa?

The tourist, or visit, visa encompasses several activities that the foreign citizen intends to do in Brazil within 90 days. In this way, this visa does not only serve those who want to enter Brazilian territory for tourist purposes.

One of the main purposes of this visa is business matters. These matters involve business meetings, events, fairs, contract signings, audits, and consulting.

In addition, this visa also includes artistic and sports activities, health care, volunteer work, and the adoption of a Brazilian minor. These are also included: Aircraft and ship crews, news coverage, and footage.

Other important aspect is studies, research, teaching, academic extension, and supervised academic internship. Respecting, of course, the deadline of 90 days.

If the foreign citizen is married to a Brazilian or has Brazilian relatives and frequently travels to Brazil, consider applying for a family reunion visa.

What was the visa waiver change?

Since 2019, Brazil waived the visa requirement for citizens of the United States, Canada, and Australia. However, this was a unilateral measure. Brazilians still needed a visa to enter these countries that benefited from the exemption.

The current government understands that this exemption violates the principle of reciprocity, since these countries have not made efforts to facilitate the entry of Brazilians into their territories.

For this reason, the Brazilian government announced in 2023 that it would end this exemption. Initially, from October 1, 2023, American, Canadian, and Australian citizens would need visas to enter Brazil, even if just as tourists.

However, the Brazilian government changed the date. From January 10, 2024, American, Canadian, and Australian citizens will need a visa to enter Brazil.

Another change was that initially there would also be a return to visa requirements for Japanese citizens to come to Brazil. However, in May 2023, the Brazilian government reached an agreement with Japan. This agreement provided visa release for Brazilians entering Japan and Japanese arriving in Brazil.

The visa process for Brazil directly involves the Brazilian consulates in the respective countries. Each consulate has its specific list of required documents. However, it is possible to establish a common relationship for the Brazilian consulates in each country.

How will the tourist visa issuance process work for American, Australian, and Canadian citizens?

Traditionally, the issuance of visas for Brazil, regardless of whether tourism or not, involves the comparison of the foreign citizens in Brazil’s consular representation abroad. It is generally necessary to schedule a date and appear at the Brazilian embassy or consulate with the necessary documents.

However, in the case of specific American, Australian, and Canadian citizens on a tourist visa to Brazil, there will be an exception. It will be possible to apply for the visa completely online. This way, it will not be necessary to appear in person at the Brazilian consulate.

This new procedure for applying for a tourist visa to Brazil came into effect on December 1, 2023. The online visa is also known as eVisa (electronic visa).

Remember that temporary visas must still be requested at a Brazilian Embassy or Consulate General abroad. The electronic visa is issued exclusively for tourism or business trips, without the intention of establishing residence in the country and for American, Australian, and Canadian citizens.

What is the process for applying for the eVisa?

The company VFS Global is responsible for analysing the electronic visa application process for Brazil. VFS is a private company outsourced that represents governments of several countries to handle their visa applications.

The electronic visa analysis takes around 5 working days. However, if the electronic visa request is denied, the applicant must apply for the visa in person at the Brazilian consulate in their jurisdiction.

Applying for a visa involves filling out an online form. In addition, it is necessary to attach personal documents in digital format.

What documents will you need to apply for the electronic tourist visa?

These are the basic documents to apply for an electronic visa for American, Australian, or Canadian tourists to Brazil:

Passport (signed, valid up to end of Brazil trip, 2 visa pages free);
Visa application form (completed online);
Passport-style photo (2” x 2”, white background);
E-visa fee payment (US$ 80.90);
Confirmation of flight reservation (showing entrance into and exit from Brazil);
Printed bank statement showing transactions for the last 30 days and showing at least US$ 2,000.00 for travel.

Applicants who travel to Brazil for business (company meetings, consultancy, auditing, on-site visits, signing of contracts, journalistic activities, cruise or airline crew, etc.) must also present a letter from their country of origin or Brazilian company.

The letter must be on company letterhead and signed by a manager/director/supervisor, containing the following information:

Nature of company’s/organization’s business or activities in Brazil;
Applicant’s title, job description, and monthly salary;
The nature of business and activities of the applicant in Brazil;
Name(s) and address(s) of Brazilian company(ies) with which the applicant will conduct business;
Contact(s) in Brazil: name(s), phone number(s), and corresponding position(s);
Expected travel dates;
Affirmation of the company’s financial support of the applicant while in Brazil;
Affirmation that the applicant will not provide any technical assistance or perform any salaried work while in Brazil (such activities require a temporary work visa).

In addition to the visa application requirements stated above, applicants who are younger than 18 years of age at the time of application must present the following additional materials:

Original birth certificate and one copy;
Authorization for Issuance of Brazilian Visa for a Minor, signed by both parents;
For children of Brazilian parent(s): Declaração de Não-Cidadania declaring that the applicant is not a Brazilian citizen (does not hold a Brazilian Birth Certificate), signed by Brazilian parent(s);
If only one parent is listed on the birth certificate, only that parent’s signature is required;
If one parent has sole custody of the applicant, a notarized copy of the court order awarding sole custody and exclusive parental rights must be presented;
You must present a death certificate if one parent is deceased;
Copy of passports or other form of photo ID for both parents.

The name on the parent’s photo ID must match the parent’s name on the child’s birth certificate. If said parent has changed his or her name since the issuance of the birth certificate, the parent must present documentation showing proof of the name change (e.g. marriage certificate or court order).

If you need legal assistance from our team, please message us on WhatsApp.

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Migratory Year: how does it affect your trip or move to Brazil?

Eduardo Koetz — Thu, 30 Nov 2023 11:00:38 +0000

The Migratory Year can be a determining factor when foreigners travel or move to Brazil. This issue is related to the bureaucratic procedures required by Brazilian immigration agencies.

You must understand that the period of 12 months counting from the date of the foreign visitor’s first entry into the national territory directly influences the period of stay in Brazil and decision-making in relation to immigration regularization.

Brazilian law does not allow foreigners to remain in the country illegally, which can result in fines and even deportation. Therefore, check out the main information in this text!

If you need legal assistance from our team, please message us on WhatsApp.

What is a Migratory year?

The definition of a migratory year is the period of 12 months counting from the date of the foreign visitor’s first entry into the national territory, as regulated by an act of the Federal Police.

Why is it important for me to understand the Migratory year?

You must understand the migration year, as it directly affects the period of stay of any foreigner in Brazil. For example, what is the deadline for you to be allowed to stay in the country. In this way, the definition of a migration year influences any decision-making, since irregular stay in the country is not permitted by Brazilian Law.

What happens if I overstay my Migratory year?

Initially, if you exceed the migration year deadline, you will have to pay a fine to the Brazilian Government. A minimum amount of R$100.00 is charged for each day of irregular stay in Brazil, reaching a maximum limit of R$10,000.00. There is also a risk of deportation if the foreigner does not leave the country or does not regularize their immigration status in Brazil.

How many days can I stay in Brazil with a visit visa per Migratory year?

During the term of the tourist visa, the main visit visa, foreigners can stay up to 90 days in the country. However, this period can be extended by the Federal Police, according to its own criteria, for up to another 90 days. However, the maximum period of stay in the country cannot exceed 180 days per migration year. Furthermore, this visa is valid for 1 year.

In general, visit visas will follow similar rules. However, if you are applying for another visit visa, such as a visa for artistic or sporting activities, it may only be granted for the period you need to carry out the activity. If you need more time, consult a specialist.

How long can I stay in Brazil per Migratory year on other visas?

It depends on the type of visa, after all, there are different types of visas depending on the purpose of your trip, and each of them has a different deadline.

In the case of a temporary visa, you can generally stay for up to 2 years. The real estate visa can allow a stay of up to 4 years.

On the other hand, the New Migration Law provides that Diplomacy, Official, and Courtesy visas can be extended or waived.

Are there any tax precautions I should take related to the migration year?

Yes. Especially related to tax residence. From the moment a person enters Brazil, if they stay here for 184 days, consecutive or not, within a period of 12 months, they become a tax resident. As a result, you will also owe taxes in Brazil.

In summary

The migratory year is a period of 12 months, counting from the first entry of a foreigner into Brazilian territory. It is important to understand the concept, as it directly affects the stay of any foreigner in Brazil.

Exceeding the migration year deadline can result in fines and even deportation. Visitors with a tourist visa have a maximum period of stay in Brazil of 180 days each migratory year, and can extend the visa for up to a further 90 days. For other types of visa, the length of stay in the country varies, depending on the type of visa obtained.

It’s significant to pay attention to the rules of tax residence in Brazil, since after 184 days of stay in the country, the foreigner becomes considered a tax resident and must pay taxes in Brazil. The New Migration Law provides for some changes in the procedures for obtaining and extending visas, especially for Diplomacy, Official, and Courtesy visas.

If you need legal assistance from our team, please message us on WhatsApp.

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Work permit for foreigners with a permanent visa

Eduardo Koetz — Wed, 29 Nov 2023 20:58:46 +0000

The work card for foreigners can help them achieve the labor and social security rights that the country offers. Thus, the foreigner will have the employment information in this document, which he can access whenever possible. Understand how to achieve the work permit for foreigners in the text. Also, see how foreigners with a permanent visa can stay in Brazil without major problems.

If you need legal assistance from our team, please message us on WhatsApp.

How to get a work permit for foreigners?

To obtain a work permit for foreigners in Brazil, it’s possible to request the document online, since now the ideal is to have the digital CTPS.

Furthermore, it’s interesting to remember that upon obtaining the CTPS, the foreigner will be able to access the PIS/PASEP number, which is issued at the same time by the Ministry of Labor.

If you want to understand the benefits of CTPS, in addition to a work permit for foreigners, or what to do if you lose yours, click here to understand.

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Documents required for the work permit

The documents required to obtain a work permit for foreigners are:

2 (two) 3×4 photos, with white background, with or without date, color and recent;
Proof of address;
CPF.

In the case of a work permit for foreigners with a permanent visa, you will need to present the Foreigner’s Identity Card. But if you are unable to present the CIE to the CTPS, it is possible to present:

CIE request document to the Federal Police;
Extract from the identification data consultation (issued by SINCRE);
Passport.

How to issue digital CTPS to foreigners?

Foreigners with work permit can also issue the digital CTPS, and thus it’s possible to use the wallet through the application developed by the Ministry of Economy. To do this, simply download the application called Work Card from the Play Store or App Store.

Likewise, you will need to register with the Individual Taxpayer Registry to access the information in the digital work card for foreigners. In the application you can access information such as vacations, salary, licenses, among other information.

Work permit for foreigners

In conclusion, the work permit for foreigners serves as a crucial gateway to accessing the labor and social security rights offered by the host country. By obtaining this document, individuals can secure vital employment information and, in the case of Brazil, even access the PIS/PASEP number through the digital CTPS. Navigating the process involves submitting specific documents, such as photos, proof of address, and CPF. For those with a permanent visa, the Foreigner’s Identity Card is also required.

Embracing the digital era, foreigners can now conveniently request and manage their work permits online, leveraging the benefits of the digital CTPS. The user-friendly application developed by the Ministry of Economy streamlines the process, allowing individuals to access essential information about their employment status. Whether it’s checking vacation details, salary information, or licenses, the digital CTPS offers a comprehensive overview.

As the global workforce continues to evolve, the digitalization of work permits for foreigners not only meets the demands of the modern era. It also signifies a commitment to providing a seamless and accessible experience for individuals navigating the complexities of international employment. Embracing these advancements not only benefits foreign workers but also fosters a positive and inclusive environment within the host country’s labor market.

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Reasons to live in Brazil: advantages, disadvantages and places!

Eduardo Koetz — Tue, 21 Nov 2023 10:27:56 +0000

Changing countries is always a big challenge. The first one is knowing where to go: which country offers the advantages you are looking for? What are the cons of each country? Is living in Brazil worth it? In this text, we bring information about Brazil to help you put the country in the balance of your decision! See the reasons to live in Brazil and make your best decision!

If you need legal assistance from our team, please message us on WhatsApp.

What is it like to live in Brazil?

It depends, as there are 26 states, divided into 5 regions. Therefore, each region has different cultural, social, climatic, and economic characteristics.

In short, there are many Brazils within Brazil.

Below are some characteristics of each region – but keep in mind that we have not exhausted all of their characteristics. After all, even within these regions, you can find strong differences.

North:

The North region is the largest area in Brazil, totaling approximately 3,853,676.948 km². Furthermore, it is made up of 7 states: Amazonas, Acre, Roraima, Rondônia, Pará, Amapá, and Tocantins. The population is 18 million inhabitants.

With a rich cultural diversity, the region is home to indigenous, quilombola, and riverside peoples, who preserve their traditions and ways of life, providing a multicultural and hospitable environment. It has Federal Universities, with research sectors in different areas, and major cultural events, such as the Parintins Festival.

Furthermore, the northern region is characterized by its beautiful landscapes, with immense tropical forests, rushing rivers, and paradisiacal beaches, offering countless ecological and adventure tourism options.

However, it is important to be aware of the challenges that the northern region can present, such as limited access to some services and products, the hot and humid climate, and the presence of insects and wild animals. This requires adaptation and planning on the part of foreigners who wish to live in this region.

North East:

The Northeast region is the 3rd largest in Brazil, with approximately 1,544,291 km², spread across 9 states: Maranhão, Piauí, Rio Grande do Norte, Ceará, Bahia, Pernambuco, Paraíba, Sergipe and Alagoas. Furthermore, the region is the 2nd most populous in Brazil, with approximately 56 million inhabitants. The Northeast is known for having the longest coastline in the country;

Living in the northeast region of Brazil can be a fascinating and welcoming experience for foreigners looking for new cultural and tourist experiences.

The region is famous for its historical, artistic, and culinary richness, offering a unique mix of African, European, and indigenous traditions. The people of the Northeast are known for their hospitality and joy, welcoming visitors with friendliness and willingness.

Furthermore, the northeast of Brazil is characterized by its beautiful beaches, historic cities, hinterlands, and mangroves, providing a favorable environment for leisure and tourism activities.

However, it’s important to be aware that the region can present challenges, such as high temperatures and dry weather, and the presence of mosquitoes that transmit diseases such as Dengue and Zika.

Therefore, it’s significant to be prepared and take preventive measures to make the most of your stay in the northeast region of Brazil.

Southeast:

The Southeast region is the most populous in Brazil, with around 85 million inhabitants, which is equivalent to 44% of the entire Brazilian population. With 4 states: São Paulo, Minas Gerais, Rio de Janeiro and Espírito Santo. It has an extension of 92.05 inhabitants/km².

Living in the southeast region of Brazil can be a diverse and enriching experience for foreigners who want to get to know one of the most developed and populated regions in the country.

The region is made up of the states of São Paulo, Minas Gerais, Rio de Janeiro, and Espírito Santo, and is home to a wide variety of cultures, traditions, and landscapes.

São Paulo, the largest city in the country, is a financial and cultural center, known for its diversity and vibrant nightlife. Rio de Janeiro, in turn, is famous for its beautiful beaches and lively parties, while Minas Gerais and Espírito Santo offer mountains, natural parks, and historic cities.

The southeast region is also known for its gastronomy, with influences from different cultures and a wide variety of flavors and ingredients.

However, the region also presents challenges, such as heavy traffic, urban violence, and pollution in some urban areas. Therefore, it is important to be aware of the challenges and prepared to deal with them when living in the southeast region of Brazil.

Midwest:

The Central-West region is the 2nd largest region in the country, with an area of 1,606,403 km². In addition, it has 3 states: Goiás, Mato Grosso, and Mato Grosso do Sul, in addition to the Federal District, Brazil’s government headquarters. With around 16 million inhabitants, it has dry winters and rainy summers.

Living in the central-western region of Brazil can be a unique and diverse experience for foreigners looking to explore one of the richest places in natural and cultural beauty in the country.

Composed of the states of Mato Grosso, Mato Grosso do Sul, Goiás, and Distrito Federal, the region offers a unique mix of savannas, rivers, forests, and other beautiful landscapes, which allow the practice of ecotourism, adventure, and rural tourism activities.

Furthermore, the region is characterized by its cultural and gastronomic traditions, such as barbecues, country music, handicrafts, and popular festivals, which reflect the richness of local history and culture.

However, it’s important to be aware of the challenges that the region may present, such as limited access to some services, drought, intense heat, and the presence of wild animals in some areas. This requires adaptation and planning on the part of foreigners who wish to live in this region.

South:

The South region is the smallest region in terms of extension, with approximately 576,774 km². Furthermore, it is made up of 3 states: Rio Grande do Sul, Santa Catarina, and Paraná. With around 29 million inhabitants. The predominant climate is subtropical, with well-defined seasons, with cold winters and hot summers.

Living in the southern region of Brazil can be a pleasant and challenging experience for foreigners looking for a region of contrasts and a strong cultural identity.

Composed of the states of Paraná, Santa Catarina, and Rio Grande do Sul, the southern region is known for its beautiful nature, mild climate, beaches, mountains, Gaucho traditions, and peculiar cuisine.

Historic cities, such as Curitiba and Florianópolis, have great tourist and cultural potential and are known for their quality of life and tourist attractions.

However, it’s important to be aware of the difficulties that the region can present, such as cold and rainy weather at certain times of the year, as well as problems of violence in some urban areas.

The southern region also has cultural particularities that are distinct from the rest of the country, which may require a period of adaptation on the part of foreigners who wish to live in this region. Therefore, it’s essential to carefully research and plan your stay in this region of Brazil.

Why live in Brazil?

So, check out the 10 main places to live in Brazil. But follow the rest of the text to understand the details of each of them.

Peaceful diplomatic principle (free from wars);
Mild climates (either colder or hotter);
Climatic diversity;
Cities with abundant nature;
Highly developed urban cities;
SUS (free healthcare);
Stability during natural environmental catastrophes;
Favorable exchange rate for several countries;
Brazilian passport accepted in 170 countries;
Cities have quality of life indexes like the best cities in Europe;
Possibility of adding working time from other countries to retirement;
MERCOSUR Residency Agreement and entry visa exemption.

When is living in Brazil worth it for a foreigner?

Living in Brazil is worth it for foreigners when they are looking for a peaceful country, climate stability, and free public healthcare.

Brazilian currency: Furthermore, it may be advantageous to receive it in foreign currency with a favorable exchange rate. In other words, if its value is higher than the Brazilian currency or when your country of origin offers a quality of life and a less developed economy than Brazil.

Is living in Brazil good?

Living in Brazil is good when the foreigner carries out good planning for the move, finding a place that meets their needs and expectations. It’s essential to come to the country with the awareness that, despite the freedoms, there can be a culture clash, as Brazil has both socially progressive people and a very conservative portion.

Therefore, research the place to live well, so that it meets your expectations.

Reasons to live in Brazil: peaceful diplomatic principle

The country has a long peaceful history of not entering into international wars with violence established in its territory. Furthermore, there has been no involvement in international wars for more than 150 years.

Besides, the objective of Brazilian Diplomacy is not to foment any type of international war.

Reasons to live in Brazil: mild climates

Brazil is a country with vast geographic and climatic diversity, which means that there are many areas with mild climates that can be attractive to live in. Therefore, some of the reasons why people seek to live in areas with mild climates in Brazil include:

Quality of life: a mild climate can improve quality of life, offering pleasant temperatures and a feeling of comfort throughout the year;
Outdoor activities: in areas with mild climates, it is possible to practice outdoor activities, such as walking, running, cycling, or fishing, more frequently and comfortably;
Health: the mild climate can also be beneficial for health, especially for people with respiratory or skin problems;
Natural beauty: stunning natural landscapes are common, such as mountains, beaches, and forests, making them attractive to those seeking a more peaceful lifestyle close to nature;
Tourist activity: Areas with mild climates are often popular tourist destinations, which can be an advantage for residents who want to get involved in the local community or have easy access to services and amenities.

More than 1,700 people died because of heat waves in Europe in 2022, while in the same year, the United States and Canada faced temperatures that reached -56 °C, being responsible for more deaths. However, in Brazil, extreme temperatures are rare, making deaths due to this climate problem difficult to occur.

Reasons to live in Brazil: climate diversity

In addition to tropical and subtropical climates, Brazil also offers temperate, arid, and mountain climates, depending on the region.

Just to give an example, the tropical climate is characterized by being predominantly hot and rainy. The average annual temperature in regions with a tropical climate is above 20 degrees Celsius. The subtropical climate has four well-defined seasons.

Thus, regions with a subtropical climate have hot summers, mild spring and autumn, and cold winters. Furthermore, this climate has abundant and well-distributed rainfall throughout the year.

What is Brazil’s climate like by region?

In the North region, the climate is hot and humid, with high temperatures throughout the year and a large amount of rain.

In the Northeast region, the climate is tropical and dry, with high temperatures and prolonged dry periods.

In the south of Brazil, the climate is more temperate, with cold winters and hot summers.

The Southeast region offers varied climates, from the hot and humid tropical climate on the coast to the subtropical mountain climate in the mountains.

In short, Brazil offers a wide variety of climates, which means there is an option for almost every taste and preference.

Reasons to live in Brazil: cities with abundant nature

Brazil is a country rich in natural beauty and there are many cities that offer a wide variety of natural landscapes and outdoor activities. Some of the cities in Brazil with abundant nature include:

South region:

Florianópolis – Santa Catarina: Known for its beautiful beaches and natural landscapes, Florianópolis is home to a wide variety of ecosystems, including forests, mountains, mangroves and beaches;
Foz do Iguaçu – Paraná: Foz do Iguaçu is famous for its waterfalls, which form one of the largest waterfalls in the world. In addition, the city also offers a wide variety of parks and natural reserves, including the Iguaçu National Forest;
Canela – Rio Grande do Sul: Canela is a mountain city located in southern Brazil, known for its mountain landscapes, waterfalls, natural parks, and hiking trails. The region also offers a wide range of outdoor activities, such as abseiling, cycling, and camping.

Southeast region:

Ilha Grande – Rio de Janeiro: Ilha Grande is a pristine island located off the coast of Rio de Janeiro, offering deserted beaches, green mountains, and waterfalls. The island is a protected area and is considered one of the most popular destinations for nature tourism in Brazil;
Campos do Jordão – São Paulo: Campos do Jordão is a mountain town located in the interior of São Paulo, offering natural landscapes of snow-capped mountains, waterfalls and hiking trails;
Paraty – Rio de Janeiro: Paraty is a colonial city located on the coast of Rio de Janeiro, known for its beaches, mountains, and hiking trails. The region also offers a wide range of outdoor activities such as boating, diving, and abseiling.

Northeast Region:

Lençóis Maranhenses – Maranhão: The Lençóis Maranhenses National Park is one of the most unique places in Brazil, with its white sand dunes, crystal clear lagoons and mangroves. The region is a protected area and offers a wide range of outdoor activities such as hiking, boating, and camping;
Porto de Galinhas – Pernambuco: Porto de Galinhas is a tropical beach located on the coast of Pernambuco, known for its crystal clear waters, white sand beaches, and mangroves. The region also offers a wide range of outdoor activities such as boating, hiking, and diving;
Praia do Forte – Bahia: Praia do Forte is a tropical beach located on the coast of Bahia, known for its white sand beaches, crystal clear waters, and forests. The region also offers a wide range of outdoor activities such as boating, hiking, and diving.

Midwest region:

Bonito – Mato Grosso do Sul: Bonito is known for its crystal clear waters, underground caves, waterfalls, and rivers, offering outdoor activities such as diving, floating, and hiking.

Brazil is an incredibly diverse country and offers a wide variety of landscapes and ecosystems to explore.

Reasons to live in Brazil: highly developed urban cities

Brazil has highly developed urban cities, being technological and even industrial hubs. Check out:

São Paulo – São Paulo: São Paulo is the largest city in Brazil and is considered one of the most important financial and economic centers in Latin America;
Rio de Janeiro – Rio de Janeiro: Rio de Janeiro is the 2nd largest city in Brazil and is known for its beaches, historical monuments and rich culture;
Belo Horizonte – Minas Gerais: Belo Horizonte is the 3rd largest city in Brazil, one of the most important financial and economic centers in the country;
Brasília – Federal District: Brasília is the capital of Brazil and is considered one of the most important political and administrative cities in the country;
Curitiba – Paraná: Curitiba is a modern and highly developed city;
Porto Alegre – Rio Grande do Sul: Porto Alegre is the capital of Rio Grande do Sul and is considered one of the most developed and modern cities in southern Brazil;
Recife – Pernambuco: Recife is the capital of Pernambuco and is known for its culture, colonial architecture and coastal landscapes;
Fortaleza – Ceará: Fortaleza is the capital of the state of Ceará and is known for its beaches and tourism;
Goiânia – Goiás: Goiânia is the capital of the state of Goiás and is known for its diversified economy and advanced infrastructure. Furthermore, Goiânia is also recognized for its modern architecture and green landscape;
Natal – Rio Grande do Norte: Natal is the capital of the state of Rio Grande do Norte and is an important commercial and business city in the Northeast of Brazil.

Reasons to live in Brazil: SUS

The Unified Health System (SUS) is Brazil’s public health system. Created in 1988 with the aim of guaranteeing universal access to healthcare for all Brazilian citizens, regardless of their financial condition. The SUS is financed by the Federal Government and by states and municipalities and is administered by the three levels of Government.

The SUS offers a wide range of health services, including primary care, consultations with specialist doctors, examinations, hospitalizations, surgeries, and treatments for chronic diseases. The system also includes public health programs such as vaccination campaigns, disease prevention, and epidemic control.

Not to mention that SUS is responsible for promoting vaccination campaigns to prevent the spread of diseases and guarantee the health of the Brazilian population. Some of the vaccination campaigns promoted by SUS include:

Polio;
Measles;
Yellow fever;
COVID-19.

One of the best public healthcare systems in the world

Although the SUS faces some challenges, such as a lack of resources and insufficient healthcare teams in some regions, it is widely considered to be one of the best public healthcare systems in the world.

It provides access to quality healthcare to millions of people who could not otherwise afford private medical treatment.

Reasons to live in Brazil: stability in the face of natural disasters

Brazil has no history of earthquakes, hurricanes, and other natural instability. Therefore, the country presents a peaceful place to live as it is stable in this sense.

In other countries, natural disasters are routine and even part of the culture of citizens. However, Brazil does not face this history.

Reasons to live in Brazil: favorable exchange rate for different countries

If you receive your salary in dollars, euros, or pounds, for example, you can benefit greatly from living in Brazil. This is because the exchange rate will be favorable since when transferring the value of your original currency to Brazil, it will be converted into reais.

As some currencies are worth more than the real, the total amount you will have in Brazil will allow you to live comfortably.

Reasons to live in Brazil: Brazilian passport accepted in 170 countries

Brazil has a great reputation internationally and has a passport accepted in 170 countries. This number changes monthly, but the Brazilian passport is among the 20 most accepted in the world without requiring a visa!

So, one more reason to live in Brazil. After all, after a certain period, you can obtain ordinary naturalization and a Brazilian passport.

Reasons to live in Brazil: High Quality of life indexes

Furthermore, Brazil has high levels of quality of life in different cities. This way, you can count on adequate infrastructure, as well as a mild climate and a wealth of resources. Therefore, living in Brazil is worth it if you take this information into consideration. Check out some examples of cities with high rates:

Maringá – Paraná;
Jundiaí – São Paulo;
São José do Rio Preto – São Paulo;
Piracicaba – São Paulo;
São José dos Campos – São Paulo;
Franca – São Paulo;
Curitiba, Parana;
Taubaté – São Paulo;
Campinas – São Paulo;
Vitória – Espírito Santo.

Possibility of adding working time from other countries to retirement

In short, you can add the time worked in Brazil with other countries. These other countries are those with which Brazil has international pension agreements.

If you come from one of the countries with an agreement with Brazil, you can add up!

You can add time working in other countries to retire in Brazil. This is regulated by Brazilian Social Security and there are international social security agreements between Brazil and many other countries that allow for mutual recognition of contribution time for retirement purposes.

However, to add time working in another country, it is necessary to meet some requirements, such as having worked and contributed to the social security system of the country in question for a minimum period of time.

Furthermore, it’s necessary to present proof of these contributions, such as certificates or declarations issued by the country in question.

Mercosur residence agreement and entry visa exemption

Those who live in Mercosur member countries can have the advantages and facilities to come to Brazil! Therefore, living in Brazil is worth it because of its location.

The Mercosur Residency Agreement is an agreement on the free movement of people between Mercosur member countries, which includes Brazil, Argentina, Paraguay, and Uruguay.

Besides, according to the agreement, citizens of a member country can reside, work, and study in another member country without the need for a residence visa.

The Mercosur Residency Agreement also establishes entry visa exemptions for short trips, which means that citizens of a member country can enter another member country without the need for a visa, as long as the duration of the trip does not exceed 90 days per period of 180 days.

What are the disadvantages of living in Brazil?

The main disadvantages of living in Brazil are problems of social inequality and its effects, such as prejudice, and lack of urban planning in certain regions, among others. These are global problems, which affect practically every country in the world, including the United States and Europe.

Therefore, the ideal is for you to make a good analysis of the places you want to live in Brazil, get to know safe, well-planned neighborhoods and regions, as well as organize yourself financially to move – just as you should do anywhere in the world! That is, finding out if living in Brazil is worth it in your case.

Social inequality:

Social inequality accentuates social problems in general, and this is the biggest disadvantage of living in Brazil.

There is a marked social inequality, in which 90% of the population lives up to R$3,500 per month, with 70% earning only up to 2 minimum wages. In other words, to be among the 10% who earn the highest salaries, you simply need to earn more than R$3500.00 per month.

Furthermore, as we mentioned, unfortunately, there is a portion of society that seeks conservatism, with repression of differences. But it is still a minority in the country and many foreigners report that they do not see these demonstrations taking place.

However, the problem exists and cannot be ignored – at the same time, you should know that there is a massive supportive, and welcoming population.

Finally, some parts of Brazil suffer from irresponsible exploitation of natural resources and a lack of urban planning, which result in landslides, dam collapses, and floods, for example. Therefore, it’s essential to search for safe places.

Brazil, the Latin power

For a foreigner to assess whether it’s worth living in Brazil, it’s necessary to consider the following points:

It may be worth it for foreigners who are looking for a peaceful country, with climate stability and free public healthcare, who are paid in foreign currency with a favorable exchange rate, or who are looking for a quality of life and economy that is less developed than that of Brazil.
However, it is important to be aware of the country’s social and environmental problems and carry out good moving planning to find a location that meets your needs and expectations.
It’s also necessary to be aware of social inequality in the country, which accentuates social problems in general and can result in prejudice and a lack of urban planning in certain regions.

Therefore, it’s essential to make a good analysis of the places you want to live, knowing safe, well-planned neighborhoods and regions, in addition to organizing yourself financially to move.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Visa for aircraft crew: what you need to know!

Eduardo Koetz — Tue, 14 Nov 2023 11:01:58 +0000

For crew members of foreign aircraft operating flights to Brazil, a type of visa called “Brazilian visa for aircraft crew” was granted. The visa was used to guarantee legal entry into the country and the performance of duties on board aircraft.

However, there have been some changes regarding the visa. Check out these changes in this text!

If you need legal assistance from our team, please message us on WhatsApp.

What is the Brazilian visa for an aircraft crew?

As explained before, the visa was reformulated in Brazil, but you will now understand how it operated and what changes were made in current times.

The Brazilian visa for aircraft crew is a type of visa granted to crew members of foreign aircraft that will operate flights to Brazil. Therefore, this visa is issued by the Brazilian Consulate in the crew member’s country of origin and allows them to enter Brazil to work as a member of an aircraft crew.

To obtain this visa, the crew member must present certain documents, such as a valid passport, the flight qualification certificate, and the airline’s letter of introduction. Furthermore, it’s important that the crew member does not have a criminal record in Brazil or other countries.

The crew visa is valid for 90 days and can be extended for a further 90 days.

Why does it exist differently?

The Brazilian visa for aircraft crew existed differently because the nature of the work of an aircraft crew is different from that of other types of foreign workers. Aircraft crew members, such as pilots and flight attendants, do not stay in Brazil for long periods and are responsible for ensuring the safety and comfort of passengers during the flight.

Therefore, these professionals had access to a specific visa that facilitated their entry into the country to perform this role.

What were the changes?

With the visa reformulation, airline workers receive a kind of special entry, organized by the airlines themselves. Therefore, they do not need to stamp their passport like other travelers every time they enter Brazil.

However, they need to check with the company whether the authorization is up to date and correct, to avoid problems with Brazilian immigration.

Which aircraft crew members should obtain this visa?

All crew members of foreign aircraft that will operate flights to Brazil must obtain a Brazilian aircraft crew visa. This includes pilots, co-pilots, and flight attendants. In other words, with the changes, everyone must have special entry authorization released and aligned with the responsible company or company for which you work.

This includes other members of the onboard team, as well as aircraft mechanics and other professionals involved in the maintenance and repair of foreign aircraft in Brazil.

These professionals need a Brazilian aircraft crew visa to enter Brazil and work on international flights, both passenger and cargo flights. The crew visa allows these professionals to enter and leave Brazil several times during the validity of the visa, according to the needs of the airline and the flight itinerary.

In fact, without a valid crew visa, these professionals were not allowed to work on board foreign aircraft on Brazilian soil. Therefore, airlines and crew members need to be aware of crew visa requirements to avoid immigration issues and ensure compliance with Brazilian laws.

Currently, attention should be focused on special authorization.

Does this visa apply to crews of any type of aircraft?

The Brazilian visa for aircraft crew applies to all types of aircraft, whether passenger, cargo, military transport, or others. Any foreign aircraft crew intending to operate flights to Brazil must obtain a crew visa, regardless of the type of aircraft they are operating.

This includes crews on large commercial aircraft, such as passenger planes and freighters, as well as crews on smaller aircraft, such as business jets and tourist aircraft.

In fact, all crew members, including pilots, co-pilots, flight attendants, aircraft mechanics and other professionals, must obtain a crew visa to work on board these aircraft on international flights to Brazil.

In other words, all airlines must provide special entry to their crew.

It’s worth mentioning that, in the old ways, the requirements for obtaining a crew visa may vary according to the nationality of the crew member, the type of aircraft, and the nature of the flight. Therefore, you must check in advance what the specific requirements are for each case and ensure that all necessary documents and certifications are in order before traveling to Brazil.

What are the requirements to obtain this visa?

As I explained, the crew’s authorization to enter and work in Brazilian territory has changed. You must submit the request directly to the company you work for and they will provide the documentation and requirements for your entry into the country.

However, this decision is not final and if you move and return your visa, you can base yourself on the following information:

The requirements for obtaining a Brazilian aircraft crew visa may vary depending on the applicant’s country of origin and the type of flight in question. However, in general, the following documents and requirements are required:

Valid passport: the applicant’s passport must be valid for at least six months from the scheduled date of entry into Brazil;
Letter of introduction from the airline: the airline that will operate flights to Brazil must provide a letter of introduction to the applicant, confirming their role in the aircraft crew;
Valid crew license: the applicant must hold a valid crew license issued by the civil aviation authorities of their country of origin;
Medical certificate: the applicant for the Brazilian visa for aircraft crew must present a medical certificate proving that he or she is in good health to perform his/her role on board an aircraft;
Criminal record certificate: the applicant must provide a criminal record certificate issued by the authorities of their country of origin. In other words, confirming that you do not have a criminal record;
Return air ticket: the applicant must present a return air ticket or proof of reservation that confirms the date of departure from Brazil;
Visa fees: the applicant must pay the visa fees required by the Brazilian Consulate or Embassy in the country of origin.

Additionally, some countries have bilateral agreements with Brazil that may affect the requirements for obtaining a crew visa.

Therefore, you need to check in advance what the specific requirements are for each case and ensure that all necessary documents and certifications are in order. In other words, prepare well before traveling to Brazil.

What are the restrictions on products and luggage that the crew can bring and enter Brazil?

The restrictions on products and baggage that crew can bring and enter Brazil are similar to the restrictions applicable to passengers entering the country. Some of the most common restrictions include:

Maximum amount of liquids: Crew are subject to the same liquid restrictions as passengers. Liquids such as drinks, perfumes, creams, lotions, and other items must be transported in containers of up to 100ml and placed in transparent, sealed plastic bags. Each passenger or crew member can carry a maximum of 1 liter of liquids;
Food and plant restrictions: the entry of food and plants into Brazil is restricted in order to prevent the spread of diseases and pests. In fact, foods and plants must be checked and comply with Brazilian phytosanitary regulations;
Restrictions on products of animal origin: the entry of products of animal origin into Brazil is restricted, due to the risk of disease transmission. The crew must declare all animal products they are bringing into the country. Furthermore, check whether they comply with Brazilian health regulations;
Restrictions on controlled products: the entry of controlled products into Brazil is restricted and requires prior authorization from the competent authorities. The crew must declare all controlled products they are bringing into the country and check that they have the necessary authorization.

What rights does the visa give the crew?

The Brazilian visa for aircraft crew confers certain rights and benefits to crew who come to Brazil to work on international flights. Some of the main rights and benefits include:

Permission to work on international flights: with the crew visa, crew members are permitted to work on international flights that have Brazil as their destination or starting point;
Tax exemption: the crew is exempt from taxes on salaries and other income related to work carried out in Brazil;
Facilities for entering and leaving the country: the crew has access to special facilities for entering and leaving Brazil, including exclusive immigration queues and preferential service at airports;
Possibility of obtaining long-term visas: crew who intend to stay in Brazil for longer periods can request the granting of long-term visas, such as a work visa or a residence visa;
Access to consular services: the crew can access consular services in their country of origin or in other countries represented by their embassies or consulates in Brazil.

How to apply for and obtain a visa?

If you maintain the form of request via the employing company: forward requests and information directly to the company;

But if the visa is returned: requesting and obtaining a Brazilian visa for the aircraft crew must follow the steps below:

Gather the necessary documentation: To apply for a crew visa, you need to present certain documents, such as a valid passport, an employment certificate issued by the airline, and a completed visa application form. Depending on the applicant’s country of origin, other documents may be required;
Schedule an interview: An interview is mandatory to apply for a crew visa. The applicant must schedule an interview at the Brazilian Consulate or Embassy in their country of origin. During the interview, the applicant must provide information about the job, the airline, and the stay in Brazil;
Pay the visa fee: Before the interview, the applicant must pay the visa fee, which may vary according to the country of origin and the type of visa requested;
Wait for the application to be analyzed: After the interview, the visa application will be analyzed by the Brazilian consular authorities. Processing time may vary, but generally takes a few days to a few weeks;
Remove the visa: If the visa is approved, the applicant must return to the Consulate or Embassy to remove the visa from their passport. In some cases, the visa may be sent by post or electronically.

You must remember that each country may have specific requirements and procedures for obtaining a crew visa for Brazil. It’s recommended that the applicant check the updated information on the website of the Brazilian Consulate or Embassy in their country of origin before starting the application process.

Brazilian visa for aircraft crew and current changes: what you need to know

In summary, the Brazilian visa for aircraft crew was a type of visa granted to crew members of foreign aircraft that would operate flights to Brazil. To obtain it, you needed to present documents such as a valid passport, flight qualification certificate, and a letter of introduction from the airline.

However, changes have now occurred and today airline workers can enter Brazil without having their passport stamped, taking advantage of a special type of entry, organized by the airlines themselves.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreigners with a work visa without an employment relationship in Brazil

Eduardo Koetz — Tue, 07 Nov 2023 11:00:32 +0000

Foreigners with a work visa without an employment are a reality. This often occurs, for example, in cases where a technical function needs to be performed.

If you need legal assistance from our team, please message us on WhatsApp.

Foreigner with an unattached work visa

It’s possible for the foreigner to remain in Brazil with an unrelated work visa. And, in this case, he normally receives the Technical Visa or Technical Assistance Visa, as well as the Technology Transfer Visa.

With this visa, the foreigner is authorized to enter and work in Brazil, providing technical assistance or technology transfer. In this way, the person does not create an employment relationship with a national company, but rather the company they come to represent.

This type of visa allows Brazil to remain linked to the international technology scene, and can often receive training in innovative technological areas on the international market.

Furthermore, if you want to understand more about other types of Brazilian visas for foreigners, click here and find out more.

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Technical Assistance Visa or Technology Transfer Visa

As we said previously, foreigners with an unrelated work visa are a reality through modalities such as the Technical Assistance Visa or the Technology Transfer Visa.

Thus, this type of visa is offered in cases where a Brazilian company needs technical visits for maintenance and installation of equipment or transfer of external technology. Therefore, it is normally a visit carried out by a technician or specialized laborer.

Documentation for this type of visa may vary, but documents are normally requested that prove the technician’s work plan and statements from Brazilian and foreign companies involved in the technology transfer relationship.

Can a foreigner with an unrelated work visa work in any role?

Foreigners with an unrelated work visa cannot work in any capacity in Brazil. Thus, many functions are excluded within the technical assistance or technology transfer modality. They are administrative, financial, and managerial functions.

Therefore, it is important to remember that in these cases, a foreigner cannot replace a Brazilian professional.

Temporary visa for paid work in Brazil

A temporary work visa in Brazil is possible, but you must first apply for a work permit from the Ministry of Labor. In this sense, only after receiving a work permit can a temporary visa be requested, which is used for paid work.

To understand everything about the temporary paid work visa in Brazil, click here.

Therefore, it’s important to mention that foreigners with an unrelated work visa do not need prior authorization from the Ministry of Labor. What makes it different from foreigners looking for a paid job in Brazil.

Foreigners with a work visa without an employment

In conclusion, the presence of foreigners holding unattached work visas in Brazil is a tangible reality, particularly within the realms of technical assistance and technology transfer. These visas, including the Technical Assistance Visa and the Technology Transfer Visa, allow foreign nationals to contribute their expertise without establishing an employer-employee relationship with a Brazilian company. This arrangement not only fosters international collaboration but also enhances Brazil’s participation in the global technology landscape.

It’s imperative to acknowledge that individuals with such visas are limited in the roles they can undertake, as administrative, financial, and managerial positions are excluded. Consequently, they cannot replace Brazilian professionals in these capacities.

In contrast, those seeking temporary paid work in Brazil must obtain a work permit from the Ministry of Labor before applying for a temporary work visa. Notably, foreigners with unrelated work visas are exempt from this requirement, setting them apart from those seeking traditional paid employment opportunities in the country.

If you find yourself in need of legal guidance concerning your visa status, our team of specialized lawyers is ready to assist you. Please click here to access our service area and request the support you require. For further information on various Brazilian visa options for foreigners, you can click here to explore your options in greater detail.

If you need legal assistance from our team, please message us on WhatsApp.

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Who needs a visa to enter Brazil?

Eduardo Koetz — Tue, 31 Oct 2023 11:00:41 +0000

It’s common for doubts to arise when traveling to another country. After all, you need to organize yourself first and only then leave your home country. Therefore, who needs a visa to enter Brazil? And what are the visas to enter Brazil?

Now, see the necessary measures so that you have a peaceful trip understand the main steps, and guarantee a hassle-free arrival in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

What is necessary for a foreigner to enter Brazil?

Firstly, before answering the question “Who needs a visa to enter Brazil?”, keep in mind that what is necessary for a foreigner to enter Brazil is a verification of their nationality and the reason for coming to the country. Above all, it’s important to check the reason for traveling to Brazil and whether the country you are traveling from requires a visa for your arrival.

This is because some foreigners can enter the country only with a passport or other identification document. For example, the case of Mercosur countries, where only an identity card is required.

What vaccinations are required to enter Brazil?

There is no mandatory vaccination to enter Brazil. However, it is best for foreigners to update their vaccinations before arriving in the country. The Ministry of Health recommends that, in particular, the following vaccines are up to date:

yellow fever;
polio;
measles;
rubella;
diphtheria;
tetanus;
COVID, with a complete vaccination schedule, or test if you do not have a complete vaccination schedule.

The issue of the Covid vaccine is regulated by INTERMINISTERIAL ORDINANCE No. 670, OF APRIL 1, 2022.

How many times can a foreigner come to Brazil?

The times a foreigner can come to Brazil are defined by the type of visa or residence permit. However, foreigners are allowed to enter the country multiple times, as long as they respect the maximum period of stay of 90 days, for shorter visas, which can be extended for another 90 days. But you’ll understand who needs a visa to enter Brazil ahead in the text.

Furthermore, foreigners who have the right to enter Brazil without needing a visit visa will also be allowed multiple entries into the country. However, it’s important that foreigners respect the days granted by the Brazilian Government during the migration year.

How to get a visa for Brazil?

To obtain a visa for Brazil to enter Brazil, you must fill out a form on the Ministry of Foreign Affairs website. Remember to check which visa is ideal and correct for your case, before applying. This way you avoid major headaches, such as losing your stay permit in the country before the time you need it.

Afterward, to obtain the visa, you must send the form, valid travel document, and proof of payment of fees to the Brazilian consular post where you are.

Furthermore, it is important to be sure of the way in which the specific consular post receives visa requests, which can be via the e-consular website, email, by post, or in person.

How much does a visa cost to enter Brazil?

The cost of the visa to enter Brazil depends on your country of origin. That is the country’s currency. However, the prices for each visa can be consulted in the Migration Law. Besides, who needs a visa to enter Brazil is also determined by your country.

The price of a Brazilian visa can vary depending on several factors, including the category of visa requested, the applicant’s country of origin, the duration of the visa, the purpose of the trip, the processing fee, and even the current value of Gold. Furthermore, the amounts may differ depending on the embassy or consulate responsible for processing the request. For example, values may be higher for citizens of countries considered high-risk or that have a recent history of illegal immigration to Brazil.

In general, the price of a Brazilian visa is established by the Brazilian Government and can be revised periodically, for example, once a year. It is important that applicants check the updated values on the website of the responsible embassy or consulate before making the request.

What is the maximum period that a foreigner can stay in Brazil?

The limit period for a foreigner to stay in Brazil depends on their specific nationality (when arriving in the country without a visit visa) or the type of visa or residence permit they have.

Likewise, the visit visa will have a stay period of up to 90 days, which can be extended by the Federal Police for up to 90 more days. However, the maximum stay period in Brazil cannot exceed 180 days per migratory year.

What happens if a foreigner stays in Brazil with an expired visa?

Foreigners who stay in Brazil with an expired visa will have to pay a fine of a minimum of R$100.00 and a maximum of R$10,000.00. Furthermore, foreigners who stay in Brazil with an expired visa may be deported.

However, the foreigner has the right to an administrative process and defense so that this deportation does not occur. So, if this is your case, speak to a lawyer specializing in immigration law.

If you need legal assistance from our team, please message us on WhatsApp.

Which foreigners do not need a visa to enter Brazil?

Foreigners who do not need a visa to enter Brazil are those whose nationality Brazil has diplomatic agreements with and are exempt the foreigner from entering the country without a visa. For example, countries that are part of Mercosur or countries bordering Brazil.

However, the foreigner will not be able to stay in Brazil if the maximum days of stay are not respected. It is possible to consult the deadlines and nationalities that do or do not need a visa in the General Framework of the Brazilian Government.

Can I apply for my visa alone, without the help of a lawyer?

Yes, you can apply for your visa alone, that is, without the help of a lawyer. However, you need to be very careful with your documentation or your visa may be denied. This can happen if you do not comply with the requirements requested by the Brazilian Government. Furthermore, the government is not obliged to grant the visa, so it is a good idea to seek information or support to understand the best strategy for your case.

This way, a specialist lawyer can help check the necessary information and avoid any errors.

What are the risks of applying for a visa to enter Brazil without guidance from a specialist lawyer?

The risk of applying for a visa to enter Brazil without guidance from a specialist lawyer is the confusion that occurs when applying for a visa or residence permit. Therefore, even if you place the order correctly, the step-by-step process may not be done correctly. In other words, the visa is denied due to some detail. The main errors that occur are related to documents and filling out forms.

Likewise, there are chances that the Brazilian Government will require specific, additional documents to actually analyze the request. Therefore, it’s easier for a specialist lawyer to deal with the requests that the foreigner must comply with when presenting documents.

When is it mandatory to have a lawyer to enter Brazil?

In fact, there is no obligation for you to have a lawyer. However, it is advisable that you understand the steps well to avoid problems and have a smooth arrival.

What are the facilities and advantages of having a lawyer help me with the visa to enter Brazil?

The facilities and advantages of having a lawyer helping you when applying for a visa are the specialist’s knowledge, both in bureaucratic and cultural terms. For example, we have already handled cases in which immigrants were assessed at immigration and would be deported. When talking to clients, we realized that the person who was evaluating was prejudiced against the nationality of that specific immigrant and therefore wanted to deport them. With this in mind, we were able to guide the client to resolve the situation in the best way (waiting for the shift change, when a non-prejudiced agent would arrive).

While the process is tiring and bureaucratic, the lawyer makes a difference when organizing documents, forms, and the relationship requested by the Brazilian government. In addition to making essential orders.

Therefore, cases are specific and a qualified lawyer will have the necessary knowledge to fully assess the situation.

Consequently, a lawyer assisting in the visa process makes the procedure easier and faster.

However, it is important to remember that the result is not a guarantee, as the decision rests exclusively with the Government of Brazil.

Do Indians need a visa to enter Brazil?

Yes. Indians need a visa to enter Brazil, in accordance with the General Framework of Visa Regime for Brazil of the Ministry of Foreign Affairs. As well as other countries that require a visa.

Do Colombians need a visa to enter Brazil?

No. A Colombian foreigner does not need any type of visa to enter Brazil. A visa is not required for a period of 90 days of stay in Brazil. However, if you wish to stay longer, you will need to undergo other procedures. These procedures vary depending on the Colombian’s needs.

Furthermore, Colombians can enter only by presenting an identity card.

Do Americans need a visa to enter Brazil?

In the same way, no. Americans do not need any type of visa to enter Brazil. A visa is not required for a period of 90 days of stay in Brazil. But if you want to stay longer in Brazil, you need to evaluate the best strategy.

Do Lebanese people need a visa to enter Brazil?

Yes. Lebanese need a visa to enter Brazil, still in accordance with the General Framework of Visa Regime for Brazil of the Ministry of Foreign Affairs, when taking its rules into account.

Do Moroccans need a visa to enter Brazil?

No. In principle, Moroccans do not need any type of visa to enter Brazil. Therefore, the visa is also dispensable for a period of 90 days of stay in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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What are the types of Naturalization for foreigners in Brazil?

Eduardo Koetz — Tue, 24 Oct 2023 11:00:04 +0000

The new Brazilian Migration Law regulated the possibilities of naturalization for foreigners in Brazil. Learn more about what are the types of Naturalization — ordinary, extraordinary, special, and provisional.

If you need legal assistance from our team, please message us on WhatsApp.

What is Naturalization for foreigners in Brazil?

Naturalization for foreigners in Brazil is the act by which the individual voluntarily acquires Brazilian nationality, which is not his birthplace. That is, he becomes a citizen of a country he was not born in, but loses his original nationality.

“Art. 12. Are Brazilians:

II – naturalized (who hold citizenship):

Those who, under the terms of the law, acquire Brazilian nationality, required from Portuguese-speaking countries only residence for one uninterrupted year and moral suitability;
Foreigners of any nationality residing in the Federative Republic of Brazil for more than fifteen uninterrupted years and without criminal conviction, provided they apply for Brazilian nationality”.

It’s important to point out that naturalization and nationality are different, since a person can have more than one nationality. Thus, nationality refers to the country of birth or the country where you have citizenship according to the conditions and laws of a given country.

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Types of naturalization for foreigners in Brazil

There are four forms of naturalization for foreigners in Brazil. They are: ordinary, extraordinary, special, and provisional.

What are the types of Naturalization: Ordinary Naturalization

Naturalization for foreigners in Brazil in the ordinary modality is granted to an individual who proves:

Have civil capacity, according to Brazilian law;
Residence in the country, for a minimum period of four years (but it can be reduced, as explained below);
Ability to communicate, read, and write in Portuguese;
No criminal conviction or proof of rehabilitation.

Proof of residence in the country must be effectively demonstrated. That is, just the possession or ownership of a property in national territory is not sufficient proof for naturalization for foreigners in Brazil.

As for the minimum period of four years, this can be shortened:

For one year if the naturalized person meets one of the following requirements:

have a Brazilian-born or naturalized child (with the exception of provisional naturalization);
or have a Brazilian spouse or partner and are not legally separated.

For two years if the individual meets any of the requirements:

having provided or being able to provide a relevant service to the Country;
or be recommended for their professional, scientific, or artistic capacity.

Those individuals who are from Portuguese-speaking countries will be able to prove residence for only one uninterrupted year and moral suitability to obtain naturalization for foreigners in Brazil.

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What are the types of Naturalization: Extraordinary Naturalization

Naturalization for foreigners in Brazil in the extraordinary modality will be granted to that person who:

prove that you have been living in Brazil for over fifteen years without interruption;
not have a criminal conviction.

However, possession or ownership in the country alone is not sufficient for proving purposes. The person must prove effective residence in the country. However, sporadic trips abroad by the interested party will not prevent the approval of the request for naturalization for foreigners in Brazil in the extraordinary modality.

What are the types of Naturalization: Special Naturalization

Naturalization for foreigners in Brazil in the special modality will be granted in two cases:

to the spouse or partner, for more than five years, of a member of the Brazilian Foreign Service in activity or of a person in the service of the Brazilian State abroad;
or, still, to be or have been employed in a diplomatic mission or in a consular post in the country for more than ten consecutive years.

Therefore, the requirements for the concession are:

Have capacity, according to Brazilian law, to communicate in Portuguese;
Does not have a criminal conviction or is rehabilitated.

What are the types of Naturalization: Provisional Naturalization

Provisional naturalization for foreigners in Brazil may be granted to children or adolescents who have taken up residence in Brazil before reaching the age of ten. Thus, the entire process must be requested by a legal representative of the child or adolescent.

After the individual reaches civil majority, if he so wishes, he must expressly request the Ministry of Justice and Public Security to change his provisional naturalization to a definitive one.

For this purpose, this change must take place within two years after reaching civil majority (18 years).

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Information on the application procedure for the naturalization application

Naturalization processes are requested at Federal Police units through electronic scheduling (via the website), however, addressed to the Ministry of Justice.

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In the application, the person must present all the documents provided according to the type of naturalization. It is important to point out that extra documents and due diligence may be requested to complement the process – according to each case.

The decision of the process will be published in the Official Gazette of the Union. Once the request for naturalization is granted, the naturalized person must deliver his/her National Migration Registration Card to one of the Federal Police units. If the request is rejected, an appeal can be filed.

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Questions about Naturalization for foreigners in Brazil?

Any questions about the naturalization process can be answered by one of our consultants. Please contact us if you need help with the process or have any questions about how to proceed.

If you need legal assistance from our team, please message us on WhatsApp.

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The return of the tourist visa requirement for United States citizens

Eduardo Koetz — Mon, 23 Oct 2023 19:48:26 +0000

In the legal field, legislative alterations happen all the time with the creation of new laws, decrees, and diplomatic agreements signed by certain countries, for instance.

That is why it’s important to always be wary of such changes in order to be correctly informed and to keep updated about the news of this area.

In March 2023, the government of the current President Lula has revoked Decree n. 9.731, of 2019. This decree exempted the citizens of the United States and other nationalities from the need to request a visit visa (tourist visa) to enter Brazil, in a unilateral manner.

But what does it change for American citizens who wish to visit Brazil, and how does it impact their trip? This is what we are going to explain in this article. See more below!

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Gomes Furtado.

What are the consequences for Americans about this decree being revoked?

With this decree being revoked, citizens of the United States who want to enter Brazil as tourists will first have to obtain a Visit Visa before they leave their country.

This rule will come into effect for Americans, Canadians, and Australians who have tourism trips scheduled to Brazil from January 10, 2024, onwards.

It is important to highlight that any entries in Brazil previous to this date will not require a visa from tourists, irrespective of the estimated date of return.

This change occurred after more than 4 years since the requirement of visa for these nationalities was eliminated, unilaterally, by the government of former President Jair Bolsonaro, in 2019.

We must state that nothing will be altered in regard to Brazilian travelers who wish to visit the United States as tourists, as they must continue to request a tourist visa before leaving Brazil.

What are the reasons for the return of this requirement?

The main reason mentioned by the Ministry of Foreign Affairs is that Brazil “will no longer admit unilateral exemption of tourist visas.”

In simpler terms, this means that, in order for Brazil to eliminate the visa requirement in regard to citizens from another country, this other country must do the same when it comes to Brazilian travelers.

In this situation, the revoked Decree allowed Americans to travel to Brazil without the need of a tourist visa, but Brazilian people still needed a tourist visa to travel to the United States.

This issue mainly relates to the Principle of Reciprocity, which is quite common in the International Law field with respect to diplomatic questions, and that involve agreements and treaties signed between countries.

Also, this principle also serves to establish special benefits and rules to the countries that participate in a diplomatic agreement, preventing any of them from being negatively affected or harmed in any way.

This is the case with Japan, for instance, which signed a bilateral agreement with Brazil to exempt Brazilians and Japanese people from the need of a tourism visa there and here, beginning on September 30, 2023.

Besides that, another possible motive is that this ‘free exemption’ could put Brazil in a more vulnerable situation in negotiations abroad, as the country would be relinquishing its power without receiving anything in exchange.

Which countries need a tourism visa to enter Brazil?

The lists of countries which require a tourist visa to enter Brazil or not are constantly changing, and it is vital to take notice of these updates quite often.

Therefore, some examples of countries whose citizens are required a visa at the moment are:

United States (from January 10, 2024);
Australia (from January 10, 2024);
Canada (from January 10, 2024);
Afghanistan;
Angola;
Cape Verde;
China;
North Korea;
Egypt;
Haiti;
India;
Lebanon;
Mozambique;
Senegal;
Syria;
Among others.

How does the tourist visa work in Brazil?

In Brazil, the Visit Visa (tourist visa) may be granted to the foreigner who has the intention of staying in Brazil for up to 90 days without the intention of immigrating or engaging in paid work.

In some situations, this period may be extended for another 90 days, depending on the nationality and the reasons alleged by the foreigner, as long as this request is made in advance.

Besides tourism, this type of temporary visa is also intended for business, transit, the performance of artistic or sport activities, study, voluntary work, and participation in conferences, among other activities.

Thus, foreign citizens who need to request a Brazilian Visit Visa must do so while they are still in their country of residence, before boarding, and they must present them upon their arrival in Brazil.

I am American and I intend to visit Brazil. What do I need to do to obtain the visa?

As it was said before, the visa request must be done in the United States, well in advance in relation to the date of the trip. It is a proceeding that usually involves certain bureaucracy and may take a while.

Likewise, more than before, it is important for the American tourists to do some planning and organize themselves, for them to have a more pleasant and uneventful arrival in Brazil.

Firstly, it’s possible to request the visa online through the e-consular system, from the Ministry of Foreign Affairs, by correctly filling out the information and taking notice of every step of the proceeding.

If the Brazilian Consulate or Embassy from your region does not have access to this system, it may be necessary to contact them via telephone, e-mail, mail or in person.

Both the e-consular system and the Brazilian Consulate will inform you about the next steps, the required documentation, which may vary according to the situation, and scheduling the interview.

In general, the necessary documentation for the visa includes:

a valid passport, ideally for at least 6 months after the planned date to leave Brazil;
a photography;
proof of address;
proof of income or financial sources to secure your stay in Brazil;
proof of payment of the Consulate fees.

Also, it’s essential that the payment of the Consulate fees be made for the proceeding to start, which usually cost approximately $160 dollars for American citizens.

This number may suffer alterations depending on the Embassy or Consulate that is going to process your visa request. It could be interesting, therefore, to get informed locally about the costs.

Finally, upon their arrival in Brazil as a tourist, the foreigner must present:

a valid and original passport;
a valid Visit Visa inside the passport;
proof of sufficient means of subsistence in the country for the period of the visa and/or a return flight ticket.

Do I need a lawyer to apply for the Brazilian tourist visa?

No. The request for a Visit Visa can be made independently, both through e-consular and the Embassy or Consulate responsible for the region of your residence.

However, it’s highly recommended that the foreigner seeks the legal assistance of a specialized lawyer in regard to this issue.

That is because filling out forms incorrectly, as well as the lack of necessary documents and the disregard for deadlines and time, may result in visa denial by the Brazilian authorities.

Also, a lawyer is the most equipped professional to correctly help you with each step of the way, making this bureaucratic process of requiring a visa more simplified and less tiring overall.

If you need legal assistance from our team, please message us on WhatsApp.

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How to obtain a Brazilian Visa by investing in innovation

Eduardo Koetz — Fri, 20 Oct 2023 17:29:25 +0000

Nowadays, foreign investment is usually very encouraged by several companies and governments around the world. In a globalized and connect world, it is common to decide to invest financially in other countries, bringing benefits to all those who are involved. Therefore, today, let’s talk more about the innovation investor visa and how this opportunity can be interesting.

One of the main investment possibilities is in innovation, with the main goal of creating new models or altering preexisting models, in order to develop them in accordance with new technology and modernity.

In this article, we are going to explain more about the Brazilian visa intended for foreign entrepreneurs who choose this type of investment within Brazilian territory. See more details below!

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

Who can apply for the Investment Visa in Brazil?

In broad terms, the temporary Investment Visa is aimed at the foreigner who wishes to invest in Brazil with foreign capital, specifically in a company or property located here, as long as the necessary requirements are met.

The main intention of this visa is to boost local economy, promote work and income, while allowing this entrepreneur to live in Brazil regularly.

Therefore, they will have the freedom to manage their investment nearby, apart from facilitating the creation of job opportunities and money movement locally, regionally, or even nationally.

What are the basic requirements for someone to apply for the Investment Visa?

The requirements will depend on the type of investment chosen. For example, if they are investing on property, it must be, at least:

R$ 700.000,00 (seven hundred thousand reais), in case the property is located in the North or Northeast regions of Brazil;
R$ 1.000.000,00 (one million reais), if located in any other region.

Also, this property must be situated in urban areas and be under construction or already built. It is also possible to invest in more than one property, as long as they follow the numbers above.

On the other hand, if they wish to invest in a company (legal person), it must be:

between R$ 150.000,00 and R$ 500.000,00, in case of activities related to innovation, science, technology, or concerning basic research or applied research;
of at least R$ 500.000,00, for other types of investments in companies.

It’s also important to mention that each form of investment may require different and specific conditions to their own type.

What does investing in innovation in Brazil mean?

One of the possibilities of investing in legal persons in Brazil has to do with innovation activities, and much has been said about this type of foreign investment in many countries around the world.

It is not a coincidence that, in 2022, foreign capital investments in Brazil have reached an all-time high historically. But what does “investing in innovation in Brazil” mean?

In other words, as the name suggests, investing in innovation means offering a new strategy or suggestion for a determined process, product, or service, in particular with the intention to look for solutions and develop proceedings.

Thus, the creation of innovation projects with foreign capital may have several objectives, from expanding the economy and productivity to completely change a market segment, as it often happens with startups, for instance.

Because of that, Brazil has been trying to simplify some rules and the bureaucracy of these proceedings, in order to stimulate the entrance of foreign capital and innovation investments in the country.

This becomes clear, for example, when we notice that the Brazilian government offers a reduction in the money needed for an investor who wishes to obtain a visa and invest in innovation in Brazil. This is a reduction in the money needed for an investor who wishes to obtain a visa and invest in Brazil, as we will see in detail later.

What are the main requirements to apply for the innovation investor visa?

For this visa to be granted, the investor must first receive a previous residence permit by The General Immigration Coordination.

The proceedings to request the previous residence permit with the intention of obtaining the visa will be done online, before the arrival of the foreign investor within Brazilian territory.

To request this permit, some requirements must be fulfilled, such as proving the amount invested, which has to be comprised between R$ 150,000.00 and R$ 500,000.00.

In other words, we can notice that the investment in innovation performed by a foreigner may be lower than other types of investment, which are usually of at least R$ 500,000.00.

Besides, the company which will receive the foreign investment can be either a newly formed company or an already established company, and it must match at least one of the conditions listed below:

it has received investment, financing, or other resources aimed at the support of innovation of a government institution;
it’s situated in a technology park;
it’s incubated or it is a graduated company;
it was a finalist on a government program in support of startup companies;
it has benefited from startup accelerators in Brazil.

It’s important to highlight that some relevant criteria considered for the approval of the residence permit are related to the originality, extension, and relevance of the product, process, or service that will be introduced in the Brazilian market.

What are the main documents needed to obtain the innovation investor visa?

If all requirements are fulfilled, the foreigner will be able to apply for the previous residence permit, through the MigranteWeb system and with the following documentation:

the social contract or the articles of incorporation of the benefited company, and with the paid in foreign capital;
proof of the investment through the presentation of the ‘Current Corporate Structure’ screen from the system of the Brazilian Central Bank, and the exchange contract emitted by the bank which received the investment;
the investment plan, containing the definition of business, the purpose of the company and the creation of jobs or income, according to the Normative Resolution nº. 13/2017, emitted by the National Council of Immigration;
among others.

After the previous residence permit has been authorized, this information will be passed on to the Brazilian Consulate, which will then be able to grant the Investment Visa to the foreign investor.

For that, the Foreigner will have to fill out an electronic form on the Ministry of Foreign Affairs’ website and schedule an appointment at the Consulate, to which they may bring all the required documentation.

Finally, with the visa in hands, the foreign investor will be free to enter Brazil and get registered (National Migratory Registration) as a foreigner at the Federal Police office.

If the foreigner is already in Brazil, are they allowed to request the residence permit through innovation investor visa?

Yes, as long as the same requirements are fulfilled, and the same documents mentioned above are presented. In addition to those listed in the 6o Article of the Normative Resolution no. 13/2017, emitted by the National Council of Immigration, if they are necessary.

In this situation, after the residence permit is granted and published by the competent institution, the foreigner will have to schedule an appointment at the Federal Police office to get registered as a foreigner in Brazil.

What are the costs and the validity of the Investment Visa in innovation?

The Consulate fees may vary depending on the Brazilian Consulate or Brazilian Embassy that is going to process the request.

However, the fees for the Investment Visa overall are usually, in approximate numbers:

R$ 290.00 for citizens of the United States;
R$ 215.00 for citizens of the United Kingdom;
R$ 100.00 for citizens from other countries.

Apart from this, the investor must also prove the whole paid in foreign capital in the benefited company, according to the rule determined by the law for innovation activities, in other words between R$ 150,000.00 and R$ 500,000.00.

Also, the validity of the residence permit may vary according to each case and may be temporary, being valid for two years, or permanent. In the first case, the person can request a permanent residence permit by the end of that period.

Besides that, the Investment Visa allows not only for the investor to live in Brazil regularly, but also their spouse, partner, and dependents, in the basis of the same visa granted initially.

If you need legal assistance from our team, please message us on WhatsApp.

The post How to obtain a Brazilian Visa by investing in innovation appeared first on Koetz International and Succession.

Can Foreign Investors in Brazil obtain visas for their entire family?

Eduardo Koetz — Fri, 20 Oct 2023 16:57:19 +0000

Discover here the ways in which foreign investors can obtain visas and residence permits in Brazil. We will also address the best way for investors to bring their families to Brazil through a specific visa for family reunion.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Brazilian visa legislation

The relentless pursuit of new and promising investment opportunities transcends geographic boundaries and defies limits. In the Brazilian scenario, various opportunities arise for investors wishing to come to the country, with specific visas for each type of investment that make the investor’s migration to Brazil viable.

Furthermore, Brazilian legislation provides the possibility for foreigners who have obtained visas and residence permits in Brazil to bring their families with them through a family reunion visa.

With proper planning, individuals who hold specific investments in the country can plan their legitimate arrival in Brazil without significant difficulties by intelligently utilizing the advantages that various visas presented by the legislation can offer.

First, let us explore in this post the visas available to investors and the ways they can take advantage of them to come to Brazil. Next, we will discuss how these investors can secure visas for their entire families to reside in the country as well.

Visas for Foreign Investors in Brazil

With the growing influx of foreign investment in Brazil, especially in startups in recent years, there is a direct increase in the demand from foreign investors who decide to migrate to Brazil. Whether investors in real estate or those acquiring shares in Brazilian companies, these potential immigrants seek ways to make their residence in the country possible.

Let’s analyze here the opportunities that Brazilian legislation presents to these investors, with different visas for each type of investment that can enable residence through the acquisition of real estate or financing of companies that can bring greater work opportunities and technological advancement to Brazil. Let’s take a look at each of these potential visas available to foreign investors.

Visa for Investor in Brazilian Company

Brazil has stood out as an attractive destination for foreign investors seeking promising business opportunities. In this context, the Brazilian government offers the visa for investors in Brazilian companies as a way to encourage the influx of foreign capital into the country. This type of visa is aimed at investors who wish to acquire ownership in established companies or initiate new ventures in Brazil. To qualify, a significant investment in the country’s business sector is required.

The visa for investors in Brazilian companies is designed to boost economic growth and job creation, promoting close collaboration between foreign investors and the local market.

Applicants must demonstrate the feasibility and positive impact of their investments. The minimum amount required by the legislation for the visa is R$500,000,00 (About US$100.000,00). This visa not only benefits investors by allowing their active participation in business but also contributes to Brazil’s economic development.

After obtaining the visa, investors can request, within Brazilian territory, a residence permit with the issuance of their National Migration Registry Card (CRNM).

Visa for Investor in Innovation Company

To be eligible for the visa for an investor in an innovation company, it is essential for the foreign investor to make a minimum investment of R$150,000.00 (about US$30.000,00) in a startup or a company focused on technological innovation. This investment should be directed towards projects demonstrating potential to transform key sectors of the economy and bring significant advancements, particularly in the fields of innovation, scientific or technological investment, or research.

However, there is a distinction between this visa and the one for investments in conventional companies. In the case of investors in innovation companies with investments ranging from R$150,000.00 to R$500,000.00 (US$30.000,00 to US$100.000,00), the residence authorization will be temporary for up to 2 years. For investments in Brazilian companies starting from R$500,000.00 (US$100.000,00), the residence authorization can become permanent.

Visa for Investor in Real Estate

The Brazilian real estate market has been an attraction for foreign investors seeking solid investment opportunities and financial stability. The Brazilian government offers the visa for investors in real estate as a means to encourage the inflow of foreign capital into this sector, contributing to the country’s economic growth and regional development.

To obtain the investor visa for real estate, interested individuals must make a minimum investment in urban properties. The investment requirements differ by region: in the North and Northeast, the minimum amount is R$700,000.00 (about US$140.000,00), while in the rest of the country, the required minimum investment is 1 million reais (about US$200.000,00). This investment can be directed towards the purchase of residences, land, or real estate projects, as long as they are located in urban areas.

For further details regarding the presented visas, more information can be found in our post regarding specifically this matter.

How Foreign Investors Can Bring Their Family to Brazil

Acquiring an investor visa in Brazil not only opens doors to promising business opportunities but also offers the possibility of reuniting families in a prosperous and multicultural environment. The family reunion visa allows investor visa holders to bring their loved ones to enjoy the benefits of the country, fostering emotional ties and sharing the rewards of successful ventures.

Once the investor has obtained the corresponding visa based on their investment, they have the opportunity to apply for visas for their family members through the family reunion program. This process enables spouses, partners, and children of the visa holder to also reside in Brazil. The initiative aims to strengthen family bonds and provide a secure and prosperous environment for all family members.

To initiate the process of obtaining a family reunion visa, the investor visa holder must submit a series of documents that prove the family relationship and meet specific requirements set by Brazilian immigration authorities.

This generally includes marriage and birth certificates, as well as documents demonstrating the financial dependence of family members. Additionally, it is essential for the investor to demonstrate their ability to support the family during their stay in the country.

Once the documents are submitted and the conditions are met, family members can apply for the family reunion visa. This process ensures that the family can legally reside in Brazil and enjoy the same rights and benefits as the investor visa holder. Family reunion visas typically have the same duration as the investor visa and can be renewed according to the regulations in force.

The opportunity to reunite the family through this program creates an environment conducive to building a fulfilling and successful life in Brazil. In addition to sharing business success, the family can benefit from the rich cultural traditions, natural beauty, and diverse educational opportunities the country offers. Family reunion not only strengthens emotional bonds but also contributes to the integration and cultural enrichment of all involved.

How Specialized Assistance Can Help You

Obtaining specific visas is a meticulous procedure with various nuances that can facilitate the process of foreign investors’ residence in Brazil. Therefore, it’s beneficial to rely on the specialized assistance of experienced attorneys in obtaining the most suitable visa and residence authorization.

Through Koetz Advocacia, individuals looking to seize the opportunities offered by investor visas in Brazil can rely on specialized legal guidance that simplifies the entire process. With in-depth knowledge of regulations and requirements, the Koetz Advocacia team guides foreign investors at every step, from selecting the most suitable visa to obtaining family reunion visas for their loved ones.

If you need legal assistance from our team, please message us on WhatsApp.

The post Can Foreign Investors in Brazil obtain visas for their entire family? appeared first on Koetz International and Succession.

Brazilian visa overstay: how to regularize your situation

Eduardo Koetz — Thu, 19 Oct 2023 17:10:14 +0000

Every year, foreigners from all around the world choose to visit or even live in Brazil for several reasons.

For this to be possible, however, it may be necessary to obtain a visa, which is nothing more than an authorization which will guarantee a regular stay during your time in Brazil.

Also, it’s important to pay attention to the expiration date on the visa, in order to avoid possible problems in the future. If your visa expires, however, some measures must be taken to solve the issue.

In this article, we are going to explain about the proceeding regarding the regularization of visas by foreigners in Brazil, which must be followed correctly according to each specific situation.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

What are the types of Brazilian visas?

Brazil currently offers many types of visas to citizens from other countries, but they must be chosen according to the purpose of the trip and the peculiarities of each case.

Among the most common ones is the Visitor Visa. This type of visa may be granted to foreign people who wish to enter the country and stay for up to 90 days, with no intention of engaging in paid activities, in the following situations:

Tourism;
Business;
Transit;
Artistic or sport activities.

Apart from the Visitor Visa, there are also the Diplomatic and Official visas, which are specifically designed for foreign authorities and employees who travel to Brazil while on an official mission, representing a foreign State or an International Organization.

Similarly, the Courtesy Visa allows for the partners and dependents of these authorities and employees to travel with them, and it may also be granted to artists and sportspeople who are looking to participate in free and cultural events.

The text continues after the image.

Finally, there is also the Temporary Visa, which is mainly intended for the following purposes, among others:

Research, education or academic extension;
Health treatment;
Humanitarian reception;
Students;
Paid work;
Working-holiday;
Religious activity;
Voluntary service;
Family reunion.

It is vital to remember that Brazilian visas must be required before the trip and still in the country of origin of the applicant, through a Brazilian Embassy, Consulate or Vice-Consulate there.

Do all foreigners need a visa to enter Brazil?

No. Actually, the need for a Brazilian visa will depend on some factors, such as the nationality of the foreigner and the reasons why they wish to enter the country.

After all, our country has signed many diplomatic agreements with other countries which exempt their citizens from requiring a visa to enter here. This is the case with Mercosur countries and countries that border Brazil, such as Argentina, Uruguay, Paraguay, and Colombia, for instance.

Therefore, based on a reciprocity solidified in the agreement, Brazilian citizens are also exempt from requiring a visa to enter these countries, in the same conditions offered to their citizens in Brazil.

However, even in these situations, it is always important that the foreigner pays attention to the maximum duration of stay in Brazilian territory that was granted to them, according to their type of visa and/or their nationality.

This means that, although an Argentinian tourist or a Colombian tourist may not need a visa to enter Brazil, they can only stay regularly in Brazil for the period permitted by the authorities.

What are the consequences of overstaying your visa?

According to the current legislation, a foreigner who overstays a visa within Brazilian territory may suffer penalties due to their irregular stay.

Thus, they may have to pay a fine which varies from R$ 100,00 (one hundred reais) to R$ 10,000.00 (ten thousand reais), depending on the number of days that the foreigner stayed irregularly in the country.

Aside from the fine, in case they don’t regularize their situation within the given time or leave the country, they may also face deportation to their country of origin.

However, this forced removal will not occur automatically, which means that before any possibility of deportation, the foreigner is going to have the right to an administrative proceeding, with full defense guaranteed by Brazilian law.

I have overstayed my visa. How can I regularize my situation?

In case of visa overstay, the foreigner will be notified by the Federal Police in order to either leave the country voluntarily or regularize their migration situation within 60 days, according to Brazilian law.

This deadline may be extended for another 60 days, as long as the foreigner goes to the Federal Police office to justify the need of extension and signs a term of commitment, providing the police with their updated address in Brazil.

It is extremely important that the foreigner respects this deadline, as to avoid being deported if they stay in the country and don’t regularize their situation.

The same may happen if they don’t regularize their status and later decide to leave the country after the deadline has expired, in which case they will also be considered as having been deported.

Also, they may be penalized with the aforementioned fine, which will be raised for each day they overstay their visa. As it was also said, the Foreigner will be able to defend themselves.

Therefore, if they choose to stay in Brazil and not leave the country, an administrative proceeding will be initiated by the Federal Police, which must contain the notification and the foreigner’s manifestation of will, if there is any.

The proceeding of migratory regularization is specific and varies according to the foreigner’s intention and nationality, and each step, as well as the necessary documents, will be informed by the Federal Police.

Depending on the situation, the foreigner may request one of the several types of residence permits with a fixed term in case they meet the specific requirements of that type.

This means that if the foreigner is granted this permit, they will be able to establish residency in Brazil for a determined period of time, which may be extended, or converted into a permanent residence permit.

Some main types of residence permit are:

Family reunion;
Digital nomad;
For study purposes;
Real estate investors;
Health treatments;
Retirees or pensioners;
Among others.

The residence permit proceeding may be simplified under certain circumstances, such as if the foreigner comes from one of the Mercosur member states or a country which borders Brazil, due to the various bilateral agreements between them.

Another possibility applies for those migrants who prove they are escaping persecution, conflicts, or natural disasters in their countries of origin, who will also have specific proceedings in order to regularize their status here.

It is relevant to point out that some types of visas, such as the visit visa and some temporary visas, allow the foreigner to ask for an extension of their visa before their regular stay ends, depending on their nationality.

This possibility may be interesting for those who wish to expand their stay for some more time, and if granted, the foreigner will not find themselves in an irregular situation within their stay.

In every case, it is necessary for all foreigners in Brazil to take notice of their condition, their documentation, and the duration of their stay in the country. This is a way to avoid major problems and properly use their rights during their stay.

Do I need a lawyer to help me with the regularization proceeding?

It’s highly recommended for the foreigner who must regularize their migratory situation in Brazil to find specialized legal assistance.

Essentially, as it was explained before, the proceeding may be different in each situation depending on several factors, such as the purpose of the trip, the foreigner’s nationality, and other specificities of individual cases.

Consequently, having the support of a lawyer specialized in International and Immigration Law may simplify the bureaucracy often associated with such proceedings, as well as guarantee that all documents, forms, and deadlines will be presented, filled out, and observed correctly.

Besides, the person concerned may be advised on their current situation in Brazil and also debate about which is the best way to regularize their migratory condition. This is based on the lawyer’s knowledge of Brazilian law and their experience in the area.

If you need legal assistance from our team, please message us on WhatsApp.

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PL 4173 and the New Taxation of Offshore Companies

Eduardo Koetz — Wed, 18 Oct 2023 18:06:43 +0000

The Draft Law 4173 (PL 4173), whose text came from a recent provisional measure, demonstrates the application of Income Tax on Trusts and Controlled Companies abroad. Let’s delve into this scenario in more detail.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Offshore Companies

The use of offshore companies by Brazilian residents is quite common, both for internationalized companies and for Brazilians who have reached a certain level of wealth that requires specific planning for asset management, succession, and tax matters.

One significant advantage of this approach is the absence of direct taxation on offshore companies, as the Brazilian tax system is limited to taxing companies operating within the national territory.

However, in August of this year, the Draft Law 4173 was presented, which establishes the taxation of profits earned by offshore companies controlled by Brazilians, as well as assets and rights held in Trusts. Its original text came from the Provisional Measure 1172, recently sanctioned without the articles regarding offshore taxation. This matter, still relatively unexplored due to its recent nature, will take effect starting in 2024, and the PL itself will need to be analyzed by the National Congress. Let’s delve into these issues in more detail.

The Taxation Scenario Before PL 4173

The taxation of companies controlled abroad is a complex and strategic issue for many Brazilian companies operating internationally. In today’s scenario, before the promulgation of PL 4173, these companies are still subject to a specific tax treatment aimed at preventing tax evasion and promoting transparency.

In this model, Brazilian companies with subsidiaries or controlled offshore are subject to differentiated taxation, based on the principle of territoriality. That is, profits and income obtained by offshore were taxed in the country where they were located and were not directly subject to taxation in Brazil.

This approach allows for tax benefits, such as a reduced tax burden on profits earned abroad. However, it also brings challenges, such as the need to keep track of the tax legislation in different countries and deal with the complexity of calculating and repatriating profits.

Naturally, when receiving profits from the offshore company, the individual, or legal entity resident in Brazil must declare these profits as dividends to the Brazilian tax authorities. This declaration has a different treatment compared to dividends received from Brazilian internal companies, as it involves income earned abroad. The taxation will vary depending on the individual or entity and the tax regime adopted.

Significant tax advantages can be observed in the case of offshore companies, where proper planning allows for using this tool for asset management. This can even enable the tax reduction of certain taxes, such as ITBI (Tax on the Transmission of Real Estate Property) and ITCMD (Tax on the Transmission of Causa Mortis and Donations), when creating holding companies abroad.

The absence of Brazilian taxation on offshore companies opens the path to using tax havens’ legislation for asset planning through Trusts with considerably favorable taxation. This is the current scenario before the implementation of PL 4173 as it is currently written.

What Changes with the New PL 4173

As previously mentioned, the Draft Law establishes the application of Income Tax directly on companies controlled in the country where they operate, as well as on Trusts used for asset planning.

However, the measure presents an ambiguous scenario when delving into technical aspects, as it risks generating double taxation on the same tax base, and it does not consider the various non-double taxation treaties that Brazil has with several countries worldwide.

Due to these issues, there is an expectation of a considerable change in the original text of the Draft Law in the National Congress if it is approved. Nevertheless, let us analyze the current scenario and the specific provisions of the new measure, with its scope and more specific matters.

New Taxation of Controlled Offshore

PL 4173 states in its chapter III the application of its tax rate on companies controlled abroad. This chapter presents the definition of Brazilian controlled companies, which are foreign companies with more than 50% of their quotas owned by Brazilian resident individuals or related parties, including companies owned by the resident. In other words, if the Brazilian resident or any company in which they are a shareholder owns more than half of an offshore company, this offshore will be subject to the PL’s tax rate.

Another requirement imposed by the Draft Law is that the controlled company must be located in a country with preferential tax treatment or have its own income less than 60%.

Regarding own income, it involves a slightly more technical analysis and requires closer attention from the reader. It essentially states certain sources of income of the company that are not considered own income, as they are passive incomes. If these passive incomes exceed 40% of the total income of the company, it must fall under PL 4173 and, therefore, be subject to taxation under the measure. Let us take a closer look.

Definition of Own Income and Its Impact on the Incidence of Controlled Companies in the New Law

The Draft Law defines Own Income as income acquired through the company’s own commercial activity, excluding income from the list in the same chapter regarding this form of taxation:

a) royalties;
b) interest;
c) dividends;
d) equity interests;
e) rents;
f) capital gains, except in the sale of equity interests or permanent assets acquired more than two years ago;
g) financial investments; and
h) financial intermediation.

In other words, a company that derives more than 40% of its income from the sources listed above and is considered a controlled company according to the PL will be taxed accordingly.

It’s important to note the provision of royalties in the list provided by the Draft Law as income derived from activities other than the company’s own commercial activity. This provision requires attention, as many software companies offer their products through royalty retribution, which will likely result in the incidence of the PL’s tax on these companies.

There are also provisions for other exceptions related to the concept of Own Income. This happens, for instance, in the specific scenario where a Brazilian controlled offshore is an authorized Financial Institution. In this case, interest, financial investments, and financial intermediation will be considered Own Income and excluded from the list provided for this specific type of offshore company.

As demonstrated, the scenario requires tax planning regarding both corporate matters and profits of companies controlled abroad to avoid higher taxation on their income. However, this issue may also affect Brazilians who currently reside abroad and own companies in their country of residence. Let us see more about it.

How the New Law Affects Brazilian Residents Abroad and the Importance of Definitive Exit Declaration

The new law requires particular caution regarding Brazilian residents abroad. This applies specifically to Brazilians who leave the country without making the proper, Definitive Exit Declaration (more information in our post). When a Brazilian living abroad fails to submit the Definitive Exit Declaration, they continue to be considered a resident in Brazil for tax purposes and must continue to declare Income Tax in Brazil as required by law.

The issue arises when a Brazilian who did not file the declaration opens a company in their current country of residence. For the purposes of PL 4173, this company is considered a controlled offshore and may be subject to taxation at the rate provided in the PL. This matter demands caution from the Brazilian regarding their tax regularization in order to prevent unnecessary tax burdens on their assets.

The Importance of Specialized Assistance

The PL 4173 brings considerable changes concerning tax planning involving offshore companies. The new tax could impose a heavy burden on the entrepreneur if proper planning is not in place.

For this reason, the assistance of specialized professionals such as those at Koetz Advocacia in international tax planning is essential to prevent the incidence of this and other taxes related to these offshore companies. As well as to provide the best approach for internationalizing their business and developing their asset planning. As mentioned before, several changes regarding the PL’s text may still occur, requiring close monitoring of all assets held abroad.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Retirement Visa: where should I pay income tax?

Eduardo Koetz — Wed, 18 Oct 2023 00:39:19 +0000

Among the several types of Brazilian visas for foreigners, there is the visa intended for retirees and pensioners who wish to live in Brazil regularly, which may be granted as long as all requirements are met.

However, the decision of moving from one country to another may bring many questions about different aspects, including those related to taxes. For example, how and where should these citizens pay income taxes?

In this article, we are going to explain how this income tax payment must be made in regard to foreign retirees and pensioners living in Brazil. See more details below.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

What is the Retirement Visa, and who can apply for it?

First, it’s important to explain about the nature of the Retirement Visa.

This type of temporary visa is aimed at retired people, or people who receive death benefits in another country, and who wish to live within Brazilian territory.

For such purposes, they must prove that this income is recurring, and they will also have to demonstrate their capacity to transfer at least US$ 2,000.00 (two thousand dollars) to Brazil every month, in foreign currency.

This amount may also be complemented by other recurring sources of income abroad, such as income from rental properties.

Thus, if they meet all the criteria, the foreigner must reunite all the necessary documentation, as well as proof of their income, and request the visa, which may be valid for two years, depending on each case.

At the end of this period, the visa may be extended permanently, or the foreigner may request a residence permit.

How does income tax payment work for foreigners in Brazil?

In reality, what defines the charging of income tax in Brazil, both for Brazilians and for foreigners, is whether the person is considered a tax resident in the country or not.

In other words, according to the Brazilian legislation, a tax resident is someone who meets at least one of the following conditions:

has stayed in Brazil for more than 183 days in a period of twelve months, whether consecutive or not;
owns companies or property in Brazil, or whose main source of income has origins in Brazil;
has the intention of staying in Brazil permanently, which may be attested by the acquisition of property, employment bonds, family etc.

Therefore, in general, the foreigner who is considered a non-resident will only have to pay income tax in Brazil if they obtain any source of income here. Or if they are a part of an investment or lucrative activity in the country.

On the other hand, if the foreigner matches the conditions to be a tax resident, they will have to declare all of their sources of income in Brazil and abroad, in order to also pay income tax here.

Nonetheless, it is important to mention that Brazil has signed several diplomatic agreements with other countries to prevent double taxation, which means that the same income will not be taxed twice.

Some countries which Brazil has signed this type of agreement with are:

Argentina;
Canada;
Spain;
France;
Italy;
Israel;
Japan;
Mexico;
Portugal;
Sweden;
Uruguay;
among others.

Thus, if a foreign tax resident in Brazil comes from a country with which Brazil has signed an agreement regarding this issue, and where the foreigner receives income, it is possible to compensate the difference to the Brazilian income tax.

For that to happen, the foreigner must prove, in Brazil, the payment of income tax in that other country in order to allow the compensation of money, therefore preventing a double payment on the same tax.

It is also recommended that they seek information regarding the details established in the agreement between both countries, since each treaty has specific rules and particularities which may affect their citizens.

And how does it work in relation to foreign retirees in Brazil?

As it was mentioned before, the rules referring to tax income are the same for both Brazilians and foreigners, including retirees, as long as they are considered to be tax residents.

In regard to foreign retirees/pensioners who are tax residents in Brazil, some things must be taken into consideration.

First is the possibility of no double payment through a diplomatic agreement, as previously mentioned.

That is why i’s vital for a foreign retiree to get informed about the existence of such treaties between Brazil and their country of origin, and what are the specific rules contained there, to make use of this benefit.

Generally, if there is no agreement, the foreign retiree who lives in Brazil is responsible for paying income tax, both in Brazil and in the other country, on the retirement they receive abroad.

It is clear, however, that there may be situations of exemption or reduction of income tax in certain scenarios, so every case must be examined in a special manner.

Among these situations is the possibility of exemption according to the actual amount received monthly, which we are going to talk about next.

What is the percentage of income tax for the foreign retiree in Brazil?

Overall, the rules about tax calculation and percentages determined by the Brazilian law apply for both Brazilians and foreigners, considering they are tax residents in the country.

Recently, the income tax chart has been altered as to extend the exemption bracket, in compatibility with the increase in minimum wage, which should be approved by the Brazilian President later this year.

Therefore, the new numbers will apply for the income tax declaration to be submitted in 2024, which are the following:

Tax Base	Percentage
Up to R$ 2,112.00	0%
From R$ 2,112.01 to R$ 2,826.65	7.5%
From R$ 2,826.66 to R$ 3,751.05	15%
From R$ 3,751.06 to R$ 4,664.68	22.5%
Above R$ 4,664.68	27.5%

It’s also important to mention that there will also be an optional deduction of R$ 528.00 on the salary, which will be applied automatically to those who choose it.

In other words, it is possible to conclude that monthly earnings as high as R$ 2,640.00 will then belong to the new exemption bracket, and it will also be applied to retirement income received abroad.

How should the income tax payment be made by a foreign retiree in Brazil?

Briefly, the foreign retiree who lives in Brazil must follow the instructions step-by-step below, in regard to tax income:

verify whether their income qualifies within the existing income tax exemption bracket, according to Brazilian law;
if they do, the income tax declaration will then be optional;
if they do not, the foreigner will have to use the system of Federal Revenue of Brazil in a computer or a mobile phone, to fill out the income tax declaration;
to do this correctly, they must seek information in regard to the existence, or not, of an international agreement about the prevention of double income tax payment between Brazil and the country where the foreigner receives their retirement;
every month the foreigner must fill out a declaration, in the form of carnê-leão (monthly mandatory collection), which is the document determined by Brazilian law to collect taxes from income with sources in another country;
therefore, they must declare the retirement money received abroad, as well as other property and income, and also declare the income tax already paid in the other country, for the money compensation to be performed, when possible;
any money received or tax paid abroad must be converted initially to American dollars, according to the exchange rate of the day of reception or payment, and afterward, converted to reais;
once the declaration is complete, the system will emit a DARF (Brazilian Federal Tax Payment Form) for the foreigner to pay the income tax, which can be made in a bank or online.

How can Koetz help the retiree with this proceeding?

A specialized lawyer is the fully equipped professional to assist a foreign retiree in all steps related to their income obligations.

That is because they have the technical knowledge about local laws, international laws, and diplomatic agreements. They are also able to help with the bureaucracy, especially during the fulfillment of the form, the payment of the tax, occasional requirements of compensation and other related subjects.

If you need legal assistance from our team, please message us on WhatsApp.

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Certificate of Proficiency in Portuguese for Foreigners

Eduardo Koetz — Tue, 17 Oct 2023 10:45:57 +0000

I will explain the Certificate of Proficiency in Portuguese Language for naturalization purposes in this text.

If you need legal assistance from our team, please message us on WhatsApp.

What is the Portuguese Language Proficiency Certificate for Foreigners?

The Portuguese Language Proficiency Certificate for Foreigners (Celpe-Bras) is an official certification from the Brazilian Government that attests to Portuguese language proficiency for foreigners. Thus, the Ministry of Education of Brazil issues the certificate, which is recognized nationally and internationally.

The National Institute of Educational Studies and Research Anísio Teixeira (Inep) applies the Celpe-Bras exam in several countries to assess candidates’ language skills in listening comprehension, reading, writing, and oral production.

The Portuguese language proficiency certificate for foreigners has four levels: intermediate, upper-intermediate, advanced, and upper-advanced. They will be determined according to the candidate’s performance in the test.

In addition, a Certificate of Proficiency in Portuguese is a requirement for obtaining Brazilian naturalization.

Which law establishes the requirement for the certificate?

The requirement of the Certificate of Proficiency in Portuguese Language for Foreigners (Celpe-Bras) is established by Law nº 11.161, of August 5, 2005.

Who needs to obtain the Certificate?

The Certificate of Proficiency in the Portuguese Language for Foreigners (Celpe-Bras) is required for foreigners who wish to obtain Brazilian naturalization and enroll in undergraduate, graduate, and medical residency programs at Brazilian higher education institutions.

What are the advantages of obtaining the Certificate?

Obtaining the Certificate of Proficiency in Portuguese Language for Foreigners (Celpe-Bras) can bring several advantages to candidates. Some of them are:

Possibility of obtaining Brazilian naturalization: In some cases, such as ordinary naturalization, proof of proficiency in Portuguese is a requirement for obtaining Brazilian naturalization.
Admission to Brazilian higher education institutions: Celpe-Bras is a mandatory requirement for foreigners who wish to enroll in undergraduate, graduate, and medical residency programs in Brazilian higher education institutions;
Recognition of Portuguese language skills: The certificate is nationally and internationally recognized as proof of Portuguese language skills, which can be useful for professionals who wish to work in Brazilian companies or institutions or Portuguese-speaking countries;
Possibility of participating in exchange programs: Some Brazilian higher education institutions offer exchange programs for foreign students. Celpe-Bras may be a requirement to participate in these programs.
Valuing the curriculum: The certificate can make a difference in the candidates’ curriculum, demonstrating their commitment to learning and communicating in Portuguese.

What are the requirements to obtain the Certificate of Proficiency in Portuguese Language for Foreigners?

In principle, to obtain the Certificate of Proficiency in the Portuguese Language for Foreigners (Celpe-Bras), the candidate must meet the following requirements:

Be at least 16 years old;
Any nationality;
You must enroll within the period established by the National Institute of Educational Studies and Research Anísio Teixeira (Inep), which opens enrollment twice a year;
Pay the registration fee;
Appear on the day and place of the exam with an original identification document with a photo and a black ballpoint pen, made of transparent material;

In addition, the candidate needs to reach at least the intermediate level in the written and oral parts at the same time.

It’s worth remembering that the Celpe-Bras exam consists of two stages:

Objective test, which assesses oral comprehension and written comprehension;
Oral and written production, a test that is held after the objective test.

Thus, the candidate must be approved in both stages to obtain the certificate.

How do I register for the Portuguese Language Proficiency Certificate for Foreigners?

To register for the Portuguese Language Proficiency Certificate for Foreigners (Celpe-Bras) test, you must follow these steps:

Access the website of the National Institute of Educational Studies and Research Anísio Teixeira (Inep) at the website;
Click on “Registrations”, choose the corresponding period, and follow the instructions to fill in the registration form;
When filling out the application form, you will need to provide your personal data, contact information, education, languages spoken, country of origin, among others;
After completing the form, review the information and confirm the application.
Pay the registration fee through the Union Collection Guide (GRU);
Keep proof of payment of the registration fee, as it will be necessary to prove your registration;
Inep will disclose the date, time, and place of the test after the registration period ends, so stay tuned!

What is the validity period of the Certificate of Proficiency in Portuguese Language for Foreigners?

The Certificate of Proficiency in Portuguese Language for Foreigners (Celpe-Bras) is valid indefinitely, that is, it does not expire.

It’s worth remembering that, although the certificate does not have an expiration date, some institutions may establish their own deadlines for accepting the certificate. Therefore, it is important to check in advance the requirements of the institutions where you intend to present the certificate.

Is there any preparatory course for the Portuguese Language Proficiency Test?

Yes, there are several preparatory courses for the Portuguese Language Proficiency Test for Foreigners (Celpe-Bras). For example, language schools, universities, and other study centers offer these courses, which can be face-to-face or online.

In this way, preparatory courses can help the student to become familiar with the format and content of the test, as well as to develop the necessary skills to perform well.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreign Company Representation Agreement in Brazil

Eduardo Koetz — Mon, 16 Oct 2023 19:50:56 +0000

This post will address the nuances specifically related to the Commercial Representation agreement and how foreign companies can establish successful partnerships in Brazil. We will analyze the legal and practical aspects of this representation model.

Author: Leonardo Almeida Lacerda de Melo

If you need legal assistance from our team, please message us on WhatsApp.

Commercial Representation

In the context of a globalized and highly competitive market, foreign companies are driven to expand their operations into promising markets, with Brazil standing out as an attractive option due to its status as one of the world’s largest economies.

In this context, it is essential to understand the legal mechanisms available to establish strong and mutually beneficial commercial partnerships. One common form of commercial partnership is the Commercial Representation agreement.

In this article, we will thoroughly examine the essential aspects of this type of contract, highlighting its characteristics, advantages, and legal considerations. Subsequently, we will explore the advantages of adopting this means of intermediation.

By understanding the details and issues related to this contractual relationship, foreign companies looking to enter the Brazilian market can utilize this tool to easily tap into the country’s vast consumer market.

Basic Features of the Commercial Representation Agreement

The Commercial Representation agreement is a form of contract through which an individual or legal entity acts as an intermediary between the foreign company and customers in Brazil.

In this arrangement, the commercial representative operates independently, without an employment relationship, and is responsible for promoting and mediating the sales of the foreign company’s products or services in a specific region or Brazilian market. The agreement potentially limits the representative’s activities to the entire national territory with exclusivity.

The primary objective of the commercial representative is to expand the presence and market penetration of the foreign company in Brazil. This includes seeking new customers, negotiating contracts, providing information about the local market, engaging in prospecting activities, and, in some cases, offering post-sales support to customers.

It’s important to note that the commercial representative does not have decision-making power on behalf of the foreign company. The representative acts as a link between the foreign company and its customers, transmits information, and conducts negotiations according to the guidelines and policies of the represented company.

Only in exceptions and with prior agreement, the commercial representative is allowed to carry out acts related to the actual execution of the represented company’s business. Let us now examine the legal aspects involved in this contractual relationship.

Legal Aspects of the Commercial Representation Agreement

The Representation Commercial agreement between foreign companies and representatives in Brazil is governed by Law No. 4.886/65, which establishes the main rights and duties of the parties involved in this form of commercial cooperation. Additionally, there are other legal aspects and essential requirements to be considered to ensure the validity and legal security of the agreement. Below, we highlight the key points to be observed:

Registration with the Regional Council of Commercial Representatives (CORE):

Law No. 4.886/65 stipulates that the Commercial Representation contract must be registered with the CORE of the jurisdiction in which the representative will act. This registration must be completed before the commencement of commercial activities and is essential for the regularity of the representation. Furthermore, the commercial representative themselves must also be registered with the CORE to engage in the activity.

Definition of Territory and Represented Products/Services:

The Commercial Representation contract must clearly specify the territory in which the representative will act on behalf of the foreign company, as well as the products or services that will be the object of the representation. This delimitation prevents conflicts of interest and provides a clear understanding of the representative’s responsibilities.

Term and Renewal of the Contract:

The contract must establish a term for its validity, which can be renewed by mutual agreement between the parties. The definition of the term is relevant to both parties, as it allows the foreign company to evaluate the representation’s results during this period and make strategic decisions for the future. According to Law No. 4886/65, this term can be determined or indeterminate.

Commissions and Retribution:

The agreement must stipulate the representative’s retribution, usually based on commissions from achieved sales. It is crucial that the commission payment conditions are clearly defined, as well as the timing of when they will be due.

Exclusivity and Competition:

It’s common for representation agreements to include exclusivity clauses. This prevents the representative from acting on behalf of competing companies in the same sector or region, as well as avoiding the represented party from hiring more than one representative for a specific region. This clause serves as a means to protect the interests of both parties and ensures the commitment of the representative to the representation.

General Clauses:

Finally, there may be specific details presented in the contract. For example, clauses related to product quality guarantees, termination terms, commitment to the representation’s image and its products, among other clauses that are meant to ensure a healthy relationship between the parties.

Advantages of Commercial Representation for Foreign Companies

The option to hire a commercial representative in Brazil offers several strategic and operational advantages for foreign companies looking to expand their activities in the Brazilian market.

With the main idea of outsourcing sales to someone with market knowledge and connections, the sales of the represented product or service become more efficient, and the company has a higher chance of success in its internationalization. Below, we present the main advantages of this form of commercial cooperation:

Access to Local Knowledge and Experience:

By relying on a Brazilian commercial representative, the foreign company gains access to a professional with in-depth knowledge of the local market. The representative understands the cultural peculiarities, business practices, and consumption habits of the target audience, allowing for a more efficient adaptation of sales and marketing strategies.

Cost and Risk Reduction:

Compared to establishing a branch or subsidiary in Brazil, hiring a commercial representative can be a more economical and less risky option. The representative operates independently, assuming their own operational costs, resulting in significant cost savings for the foreign company. Naturally, this issue requires prior planning by the company to analyze the feasibility of opening a subsidiary.

Expansion of Customer and Partner Network:

The commercial representative, with their experience and network of contacts, can grant opportunities for the foreign company, providing access to an established base of potential customers and partners. This approach can accelerate market entry and boost sales growth.

Flexibility and Agility:

Commercial representation offers operational flexibility to the foreign company, allowing it to test the market and adapt strategies as needed. In case of market changes or specific customer needs, the representative can act swiftly to meet demands.

Increased Efficiency and Focus in the Product:

By relying on a commercial representative responsible for promoting and selling products or services in Brazil, the foreign company can focus on product availability and core business activities. This allows for greater dedication to strategic areas such as research and development, innovation, and expansion into other markets.

Understanding of Regulatory and Legal Matters:

The commercial representative is familiar with the regulatory and legal issues in the Brazilian market, which is particularly important in highly regulated sectors. This expertise can help the foreign company avoid problems and ensure compliance with local laws and regulations.

Greater Flexibility to Explore Different Market Segments:

With the support of a commercial representative, the foreign company has the opportunity to explore different market segments more swiftly. This can allow for customer diversification and a more targeted approach to the needs of different niches.

In summary, partnering with a reliable local representative, coupled with a well-planned business strategy, can be the key to promising commercial opportunities and solidify the company’s presence in Brazil. However, it’s essential that the choice of representative is based on rigorous criteria, considering their expertise, reputation, and alignment with the foreign company’s values.

How We Can Help You

As demonstrated, the Commercial Representation agreement has various nuances that require analysis and careful consideration. The contract should thoroughly address the representative’s territory of operation, their remuneration, exclusivity for both parties, protective clauses, confidentiality, jurisdiction, and applicable laws, among various other legal aspects.

To achieve this, it’s essential for the foreign company to seek assistance from specialized lawyers during the negotiation and drafting of the contract, such as those at Koetz Advocacia, to promote a secure relationship that will ensure a healthy agreement between the company and the representative chosen by them.

If you need legal assistance from our team, please message us on WhatsApp.

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Importing industrial machinery: what you need to know

Eduardo Koetz — Wed, 11 Oct 2023 16:43:52 +0000

If you want to know how to import industrial machines, either for your own use or for resale, keep reading this article and see what you need to know to carry out a safe operation.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha Anchieta Aragão

Why import industrial machines?

Having state-of-the-art machinery is a factor that many entrepreneurs have sought to incorporate into their companies in recent years.

The economy, agility, and reduction of costs and waste in the productive activity conferred by the use of a specific machinery are some of the innumerable benefits that make industrial machines so desired.

However, the national production of machinery and equipment has not yet reached the technology already available in the foreign market and, consequently, cannot meet the domestic demand.

In this scenario, one way out for those who want to explore this market or just want to improve their machinery, without being harmed by the lack of technology in the domestic market, is to import industrial machinery.

If you are interested and want to know more about this subject, keep reading this article!

What is needed to import industrial machinery?

First, you need to know that not all companies can import industrial machinery. For this, it’s necessary to insert the respective CNAE in its social contract and make some registrations.

In summary, regardless of the reason for importing machines, registration with Siscomex (Integrated Foreign Trade System) and RADAR (Monitoring of the Performance of Customs Interveners) is required.

Both registrations must be requested from the Federal Revenue and can take up to 10 days to be approved, provided that the CNPJ doesn’t have any type of pendency.

For this reason, it’s recommended that the company regularize its tax situation before applying for registration with the aforementioned bodies.

In addition, there is a need to know the customs import regimes, which can be the import regime by temporary admission or the definitive import regime.

What are import customs regimes?

Knowing what the import customs regimes are before carrying out any negotiation can help to avoid major future headaches, as they define how your operation will be taxed.

As previously presented, there are two types: temporary admission import regime and definitive import regime.

In the first regime, the company can temporarily import certain goods, that is, after a certain period, it must export the machinery to its origin.

It’s important to point out that, in this case, there is an advantageous reduction in the rates of the Common External Tariff (TEC).

In the definitive import regime, as the name implies, the company must import the good definitively, causing its total nationalization and paying all applicable tariffs and taxes.

In this situation, we recommend that you seek help from a professional specialized in the area to carry out a survey in order to identify tariff preferences and international agreements so as not to lose the discounts granted.

How to import industrial machines?

Now that you know what is needed to import, we will see step by step how to import industrial machinery and equipment.

After all the necessary registrations mentioned above, you must:

Do a search to find a reliable supplier, define which product will be imported and hire;
Check the regulation of the goods to make sure that the Brazilian technical standards and safety requirements are being observed;
Hire a customs broker or specialized company to take care of all bureaucratic procedures and ensure that the product is imported legally;
Calculate import costs, such as taxes, customs fees, freight, and others;
Choose a secure international payment method;
Check the required legal documentation, such as Commercial Invoice, Bill of Lading (BL), Certificate of Origin, among others;
Attend to the customs clearance that occurs after the arrival of the product in Brazil and hire, if necessary, legal support for any requirements;
Carry out the registration of the Import Declaration (DI) and the initial nationalization procedures, followed by the issuance of the Entry Invoice;
After all the above procedures, hire insurance and national freight to transport the machinery to your company.

Finally, be aware that the process of importing industrial machinery requires a lot of attention, as any irregularity found by the tax authorities entails a custom fine of 1% of the value of the goods.

Therefore, always keep in touch with an expert to review the legal documents and avoid irregularities.

Can I import used industrial machines?

If your goal is to import more economically, you can choose to import used machinery and equipment.

On the other hand, it’s worth mentioning that this type of operation has more legal restrictions when compared to the importation of new machinery.

Currently, it’s required that there is no equivalent machinery in the national territory and only allows the importation of a specific list of items, according to SECEX Ordinance (nº 23 – 07/14/2011) and Customs Regulation (Decree nr. 6.759/2009).

In addition, it’s necessary to obtain approval from the Undersecretary of Foreign Trade Operations (SUEXT), through an Import License.

What are the costs and taxes that must be paid on importation?

The import operation incurs the Import Tax (II), the Tax on Industrialized Products (IPI), PIS and Cofins contributions and the Tax on Circulation of Goods (ICMS).

In these cases, taxation may vary according to the goods. An example of this is the IPI, which has a zero rate in several cases.

In addition to this, the Import Tax must also be analyzed, as it is an extra-fiscal tax that has many essential caveats for the importation of industrial machinery and equipment.

Are there advantages in importing industrial machinery?

Recently, a resolution was published granting exemption from Import Tax for 564 industrial machines and equipment not produced in Brazil.

Said exemption will be in force until December 31, 2025, and should benefit more than 40 sectors of the economy, such as, for example, the manufacture and resale of machinery and equipment.

Therefore, it is necessary to identify in the legislation which items are subject to exemption from said tax in order to benefit from this tax incentive.

Finally, in view of everything presented in this article, you must have realized that importing industrial machinery can be a great opportunity, but that it is, however, a complex operation that cannot be carried out without the necessary support. Therefore, it is recommended that you work with a team of qualified and experienced professionals who know all the peculiarities of this type of operation, preventing you from losing benefits or suffering losses.

For this, you can count on the Koetz Advocacia!

If you want to know more about how we can help you, contact us through our service area. We will be happy to serve you!

If you need legal assistance from our team, please message us on WhatsApp.

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Visa to live in Brazil: rules and exemptions!

Eduardo Koetz — Tue, 10 Oct 2023 10:26:23 +0000

In this text, we explain how a foreigner can get a visa to live in Brazil and actually remain legal in the country without any problems.

But before reading, know that you first need to check if in your case the visa is mandatory. Brazil has international agreements with other countries that allow entry without a visa requirement. Therefore, understand in this text how a foreigner can live in Brazil and learn how to legalize here.

If you need legal assistance from our team, please message us on WhatsApp.

How can a foreigner live in Brazil?

At first, foreigners must apply for a visa to come to Brazil, travel, enjoy their visa period, if they are not sure they want to become naturalized, and then apply for a residence permit 90 days before the visa expires. However, if you are sure that you want to naturalize as a Brazilian, then you can speed up the process by arriving in Brazil and immediately requesting your residence permit.

The first authorization you will receive is a temporary one, which generally lasts for 2 years. Then, 90 days before the temporary authorization expires, apply for the permanent authorization. It’s important to highlight that you need to place the order since the transformation is not automatic.

Finally, if you wish, you can request your Brazilian naturalization. The standard period is 4 years of living in Brazil with permanent authorization, but in some cases, it can be reduced to 1 year.

Do you need a visa to live in Brazil?

It depends. Some foreigners from certain countries do not need a visa to live in Brazil, as is the case with MERCOSUR and neighboring countries. This is because Brazil respects reciprocity in terms of visas. That is, if a country requires that Brazilians need a visa to enter its territory, it is likely that Brazil will require the same from foreign citizens.

How to get a visa to live in Brazil?

To get a visa to live in Brazil you need:

Request your visa at the Brazilian Embassy or Consulate in your country;

Come to Brazil;
Apply for a residence permit on the Brazilian Government website;
Attend the Federal Police to validate the request, provide documents, and interview, if requested.
Brazil has several types of visas. For example Digital Nomad, Family Reunion, Retired or Pensioner, Real Estate Investor, and Entrepreneur. You need to choose the one that best suits your true situation as well as your needs.

Therefore, it is essential that foreigners assess their situation before starting the process of establishing residence in the country.

The text continues after the infographic.

Which countries do not need a visa to enter Brazil?

The list is long, but some examples are MERCOSUR and neighboring countries. Incidentally, the list is always updated, due to Brazil’s principles and diplomatic relations with other countries. Therefore, it is important to be aware of the need for a visa to live in Brazil. We publish and update the list of countries that do not need a visa to enter Brazil monthly (click on the underline to read).

How to get a residence permit for foreigners in Brazil?

To get a visa to live in Brazil, you need to be on Brazilian soil. That is, it is only possible to start the process when you are already in Brazil. In general, the term of the residence permit is 2 years, but it can vary more or less.

You can start the application on the official website of the Brazilian Government. There, you must fill out forms, pay the fees, and then go to the Federal Police to complete the application. In this way, authorization allows the foreigner to live in Brazil.

How can a foreigner establish residence while in the country illegally?

First of all, it’s important that you regularize your situation before settling in Brazil. So asking for your CRNM is the first step for you to establish your stay in Brazil.

Soon after, within a period of 90 days, it is possible to apply for a residence permit and obtain a visa to live in Brazil (the official name is a residence permit).

In addition, granting a residence permit for humanitarian reception is also a possibility in some cases.

How can a foreigner reside in Brazil without having a family in the country?

The foreigner who wants a visa to live in Brazil without having a family in the country can use the following visas:

Digital Nomad;
Retired or Pensioner;
Real Estate Investor;
Businessperson;
Work visa (if you have a contract with a Brazilian company).

Not to mention that foreign citizens from countries belonging to MERCOSUR and bordering countries have easier entry into Brazil in order to obtain permission to live in Brazil.

How can a foreigner live in Brazil by buying property in the country?

For a foreigner to obtain a visa to live in Brazil for the purchase of a property, he must follow the rules established by Normative Resolution No. 13, of December 12, 2017:

Property in an urban area;
Built or under construction;
In the amount equal to or greater than R$ 1,000,000.00 (one million reais) in the South, Southeast, and Midwest regions of Brazil; OR
R$700,000.00 (seven hundred thousand reais) or more, if it is in the North and Northeast regions (R$700,000).

Therefore, a visa to live in Brazil is a reality for those interested in investing in real estate in Brazil.

How can a foreigner live in Brazil by making an investment in the country?

A foreigner can obtain a visa to live in Brazil by making an investment equal to or greater than R$150,0000.00 (one hundred and fifty thousand reais). However, in some cases, the Brazilian Government may require that this amount be higher, depending on the type of investment. It is also necessary to prove the capital brought to Brazil, with the intention of boosting the economy and generating jobs in the country, in addition to presenting the Investment or Business Plan.

The amount of R$150,000.00 is valid for the visa to live in Brazil when there is a purpose to invest in activities of:

innovation;
basic or applied research;
scientific or technological nature.

Furthermore, the rule says that:

§ 1 In the analysis of the request, the undertaking receiving the investment must demonstrate compliance with at least one of the following conditions:

Having received investment, funding, or resources directed toward supporting innovation from a government institution;
be located in a technological park;
being incubated or being a graduated enterprise;
being a finalist in a government program to support startups; or
having benefited from a startup accelerator in Brazil.

Thus, a foreigner can live in Brazil through an investment, that is, bringing capital to the country. In the case of other companies, the investment value must be at least R$500,000.00 (five hundred thousand reais), as explained above. Know more in the text about a visa to live in Brazil as an investor.

If you need legal assistance from our team, please message us on WhatsApp.

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Importing Fertilizers: what you should know

Eduardo Koetz — Mon, 09 Oct 2023 18:56:32 +0000

See, in this article, how to import manure and fertilizers and what you should prioritize in this operation.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha Anchieta Aragão

Why import manure and fertilizers?

We all know that Brazil’s flagship is agribusiness and, as a large agricultural producer, it plays a fundamental role as a supplier of grains to the whole world.

It happens that, during this productive activity, farmers need to treat the soil with manure and fertilizers to maintain productivity and be able to meet the high demand for agricultural commodities.

However, many are unable to extract the most from the land due to the scarcity of products of this type in the domestic market due to the lack of infrastructure and raw materials.

Thus, Brazil has become one of the largest importers of manure and fertilizers in the world, breaking import records every year.

Either because of the more attractive prices or because of the tax incentives offered, imports have become a way for large producers to leverage their profits.

So, if you are a farmer who suffers from a lack of high-quality manures and fertilizers in the national market, or you are a businessman who wants to venture into this area. Keep reading this article to learn how to become an importer of manures and fertilizers!

What should I prioritize when importing fertilizers?

In summary, importing manure and fertilizers safely requires the observance of some points that will be discussed below:

Registration with the Ministry of Agriculture (MAPA):

First, you should know that both natural and legal persons can import fertilizers, as long as they are registered with the Ministry of Agriculture, also known as MAPA.

In addition, the products to be imported must also be registered, except when imported for research, experimentation, quality tests, own use, or intended for agricultural cooperatives.

Finally, always pay attention to the guidelines of the SFA (Federal Superintendence of Agriculture) and SIPEAGRO (Integrated System of Agricultural Establishments and Products) for the purpose of updating your registration.

Packaging that meets the requirements imposed by legislation:

If you want to import manure and fertilizers to resell them in Brazil, be aware that you should pay attention to the labeling and labels of the products so that they have all the requirements provided for in Law 6.894/80, namely:

Contain correct, clear, and precise information about its characteristics and qualities;
There must be indications and recommendations for use;
There must be specifications about their quantity, guarantee, origin, composition, dosage, care, restrictions, precautions, contraindications, incompatibilities, and risks they present to human and animal health and the environment;

Provide the required tax documentation:

In addition to the records, you must also provide the required tax documentation, such as:

Commercial invoice, also known as commercial invoice;
Packing List, also known as Packing List;
Import license;
International Agricultural Transit Declaration;
Certificate of Analysis (Normative Instruction 27 of 2006);
Phytosanitary certificate.

If you have any questions about these documents, please feel free to contact us.

Hire a reliable carrier that provides an adequate transport service:

Another issue that should be prioritized is transportation.

For the product to reach you safely, it’s essential that transport offers a clean, dry space, free of residues or rust so that the products are not compromised.

Likewise, the storage of some types of manure and fertilizers must meet certain legal specifications. For example, ammonium nitrate must meet the requirements established by the Brazilian Army.

Therefore, always keep in touch with an advisory so as not to forget any legislation that could compromise the receipt of your products.

How to import fertilizers and fertilizers?

Now that you already have an idea of what you need to prioritize when importing fertilizers, see below how to import:

Select which products will be imported, look for reliable suppliers that offer the best conditions and hire them;
Hire a dispatcher to deal with bureaucratic issues and avoid obstacles due to lack of knowledge of the necessary procedures during customs clearance;
Choose a secure international payment method;
Calculate the taxes, fees, and customs fees that will be charged during the operation;
Verify the regularity of the said tax documents for later presentation, if requested;
Keep in touch with legal advice for any requirements during customs clearance;
And, after the goods enter Brazil, a carrier must be hired to deliver the goods to their warehouse;

What are the taxes charged when importing fertilizers?

Import operations are subject to Import Tax (II), Tax on Industrialized Products (IPI), PIS and Cofins contributions and Tax on Circulation of Goods (ICMS).

Therefore, it’s recommended that you hire a professional specialized in imports so that your operation is completed successfully and that you do not have to disburse unforeseen amounts due to delays or undue collection of taxes.

In addition, each product must be analyzed in detail by a professional, as there are several tax incentives for importing certain types of products.

Importation of fertilizers and inorganic fertilizers and damage to the environment

Various reputable studies show that the increasing and indiscriminate use of industrialized fertilizers compares to the reduction in the use of organic fertilizers.

This is because the value is better and the amenities are greater, and in the industrialized ones the amount of nitrogen and other compounds is always exact, and in the organic ones it’s variable, which makes cultivation difficult.

However, the chemical processes generated by inorganic (industrialized) fertilizers consume natural gas, coal, and other raw materials that emit a lot of carbon dioxide into the atmosphere, strongly contributing to the greenhouse effect.

The Harber-Bosch process is the most serious example of fertilizer production and its harm to people and the atmosphere.

There is not much that the Brazilian farmer and importer can do about this, however, researching suppliers that eliminate the most harmful and harmful processes is the main attitude that can be taken. In addition, keeping an eye on the 2050 National Fertilizer Plan is important, not only to prioritize the consumption of national production but also to define long-term plans and not lose money in the future.

Are there any benefits to importing manure and fertilizers?

Yes!

As previously mentioned, the biggest attraction in importing manure and fertilizers comes down to the large tax incentive granted in these operations.

This is because, in some cases, the rates are set at zero on the importation of manure and fertilizers or on revenue from the sale of these products on the domestic market.

Just remember that the products must be analyzed according to their NCM code, classified by TIPI, and that research must be carried out in the legislation and in the Consultation Solutions to find out the appropriate rate for each case.

Therefore, in order not to lose any tax benefits offered by the Government, it is recommended that you work with a team of specialized professionals who know all the peculiarities of this type of operation.

For this, you can count on the Koetz law firm!

If you want to know more about how we can help you, contact us through our area service. We will be happy to serve you!

If you need legal assistance from our team, please message us on WhatsApp.

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Convertible Loan: Advantages of the format in Foreign Investment

Eduardo Koetz — Fri, 06 Oct 2023 20:59:07 +0000

In response to the aspirations and concerns regarding international investment, both from the investor and the recipient, the market has adopted a specific contractual agreement to bring greater security to this relationship. That’s why we’re going to talk about Convertible Loan. Let’s see how.

If you need legal assistance from our team, please message us on WhatsApp.

Autor: Leonardo Almeida Lacerda de Melo

Foreign Investment and Convertible Loan

This post will explore the convertible loan in equity participation, a contractual format that has stood out as a safe and advantageous option for both investors and startup founders. In this article, we will analyze in detail the reasons why convertible loans are an attractive choice, offering reduced risks and a series of benefits for all parties involved in this foreign investment relationship.

When seeking investments, startups often face the challenge of attracting investors with long-term aligned interests. This is where the convertible loan stands out, allowing the startup to obtain the necessary financial resources while maintaining flexibility in its growth.

For investors, this contractual arrangement offers the opportunity to become strategic partners, participating in the success of the startup through the conversion of the loan into equity at key moments.

Furthermore, for the founders of the startup, the convertible loan provides an appealing option as it avoids the immediate need to determine a value for the company. This allows for a more accurate valuation in future stages of the startup’s development, while avoiding dilution of the founders’ equity.

A Detailed Look at Convertible Loans

A convertible loan is a contractual instrument that combines the characteristics of a loan and equity participation. In this arrangement, an investor provides a loan to the startup with the condition that, at a predetermined future moment, the loan amount will be converted into equity participation in the company. This format offers a flexible solution for startups seeking financing while attracting potential investors.

In a convertible loan, the investor lends a certain amount to the startup, establishing a deadline for the conversion of the loan amount into equity participation.

Generally, this deadline is determined by specific milestones, such as the next investment round or reaching a certain company valuation. This flexibility is beneficial for both the startup and the investor, as it allows for a more accurate valuation of the company in later stages of development.

One of the key features of convertible loans is the conversion option. When the predefined event occurs, the loan is converted into shares of the startup, usually at a pre-negotiated price or based on a previously agreed conversion formula.

This conversion results in the investor’s participation in the company’s capital, enabling the sharing of future risks and benefits. It’s worth noting that if the predefined event does not occur, the investor can choose to receive the loan amount plus interest or pursue other measures contractually agreed upon to ensure the security of their position.

In summary, a convertible loan is a form of loan that offers the option of conversion into equity participation at a predetermined future moment.

This flexible and adaptable contractual structure has been widely adopted by startups and investors, as it combines the advantages of loan financing with the opportunities for sharing risks and benefits offered by equity participation.

In the next subsection, we will examine why convertible loans are attractive to investors seeking investments in startups.

Advantages of Convertible Loans: Boosting Foreign Investment in Startups

Convertible loans in equity participation offer a range of advantages for all parties involved in a foreign investment relationship with startups.

Let’s explore these advantages in detail, dividing them into four subcategories: advantages for the investor, advantages for the startup partners, and advantages for the beginner and veteran companies. This way, we can understand how this contractual format attracts investors, benefits the founders of the startup, and drives sustainable growth of the company.

Advantages for the Investor

One of the main advantages for the investor is the flexibility in converting the loan into equity participation. This flexibility allows the investor to benefit from a potential increase in the startup’s value while retaining the option to receive loan repayment with interest if circumstances are not favorable.

Furthermore, convertible loans often include investor protection clauses that are common in this type of contract. These clauses may include preemptive rights, which guarantee the investor the opportunity to participate in future investment rounds, limited dilution, which protects the investor’s equity stake in case of new share issuances, and preferential liquidation clauses such as drag-along and tag-along rights, which prioritize the investor in case of a sale or liquidation of the company.

These clauses help ensure the security of the investment and protect the investor’s interests, reducing the risks associated with investing in startups.

With convertible loans, the investor also has the opportunity to actively engage in the growth of the startup by bringing their experience, network, and strategic knowledge.

This direct involvement can foster a closer partnership where the investor becomes a strategic ally to the founders of the startup. This advantage not only provides security to the investor but also increases the chances of success and sustainable growth for the startup, creating a mutually beneficial situation.

Advantages for the Founding Partners

For the founding partners of the startup, convertible loans in equity participation offer several advantages, particularly in terms of capital protection and preservation.

One of the main concerns for founders is the excessive dilution of their equity stake during subsequent investment rounds. However, convertible loans can mitigate this issue as, instead of immediately issuing new shares, the loan is converted into equity participation at a later date and agreed-upon value.

This approach gives founders greater control over the fundraising process and prevents premature dilution of their ownership in the company.

By deferring the conversion of the loan, founders have the opportunity to achieve significant milestones, such as increasing the startup’s value, before diluting their stake.

This way, they can preserve a significant portion of their capital or potentially increase it upon loan conversion, maintaining a substantial interest in the company and protecting their strategic involvement.

Additionally, convertible loans offer founders a more secure contractual relationship compared to other forms of financing. With clauses that ensure limited dilution and protect the rights of the founding partners, such as veto rights and mechanisms preserving their board powers, founders have greater peace of mind when seeking investments.

This legal security strengthens the founders’ position in the company and allows them to drive the development of the startup according to their strategic vision, without feeling pressured by potential conflicts of interest.

Advantages for Early-stage Startups

The adoption of convertible loans in equity participation brings a series of significant advantages for the startup itself. One of the main advantages is the possibility of obtaining the necessary financial resources to fuel growth without the immediate need to establish a fixed value for the company. This is particularly valuable in the early stages when the startup may still be validating its business model and gaining market traction.

By avoiding the precise valuation, the startup has the opportunity to appreciate its value and prove its potential before a more significant funding round. This means that if the company achieves significant milestones and grows sustainably, the valuation can be fairer and more attractive to both investors and founders.

Furthermore, convertible loans allow the startup to access the investor’s knowledge and network, which often brings entrepreneurial experience and strategic know-how. This partnership can contribute to the development and expansion of the startup by offering valuable guidance, access to new markets, and collaboration opportunities with other companies or investors.

Another advantage for the startup is the reduction of immediate financial risks. Unlike traditional equity investments, in convertible loans, the borrowed amount usually doesn’t need to be repaid immediately.

This provides the startup with additional time to strategically utilize the resources, invest in research and development, hire key talent, or expand its customer base. This financial flexibility is especially valuable for early-stage startups where access to capital is crucial to ensure business growth and sustainability.

Advantages for Established Market Consolidated Startups

For a minimally established startup in the market, convertible loans in equity participation offer a series of significant advantages. One of the main advantages is the opportunity to further consolidate and enhance the company. With a defined valuation already in place, the startup has the chance to attract investors who recognize its potential and want to be part of its strategic growth.

By deciding on convertible loans, the startup can select investors who share the same strategic vision and are willing to bring value beyond financial capital.

These investors bring along experience, market knowledge, and a valuable network, which can further drive the startup’s growth. Additionally, partnering with strategic investors strengthens the startup’s reputation in the market and can open doors to new business opportunities and strategic partnerships.

Another advantage of convertible loans is the financial flexibility they provide to the established startup. Although the valuation is already defined, convertible loans allow the company to obtain additional resources without immediately diluting the founders’ equity stake.

This means that the startup can strategically utilize the resources to expand its team, invest in new products or services, enhance its technological infrastructure, or expand its market presence. This financial flexibility helps drive the startup’s strategic growth while maintaining the founders’ control over the business.

In summary, for an established startup in the market, convertible loans in equity participation offer significant advantages, such as value consolidation and strategic growth.

By attracting investors aligned with the company’s vision, the startup can broaden its business opportunities and strengthen its market position.

Additionally, the financial flexibility provided by convertible loans allows the company to strategically utilize resources, driving sustainable growth. These advantages contribute to the ongoing success trajectory of the startup in the market.

How Can Koetz Attorneys at Law Help You in the Operation of a Convertible Loan?

The process of attracting foreign investment through convertible loans is complex and filled with challenges for startups. In this context, having the support of a specialized lawyer, such as those from Koetz Attorneys at Law, becomes essential to ensure the success of the operation and the security of the parties involved.

First and foremost, pre-legal consulting is essential. An experienced lawyer in the field can guide startup founders on the legal and regulatory aspects related to attracting foreign investment. Additionally, the lawyer can provide valuable guidance on the company’s stance and structure in order to prepare it for attracting investment and present a favorable image to the investor.

During negotiations with the investor, the role of the lawyer is crucial. They will work on drafting the convertible loan agreement, taking into account the specificities of the business and the interests of the parties involved. The lawyer will negotiate the terms and conditions of the agreement, ensuring that the startup is protected and that the founders’ interests are preserved.

Once the contract is executed and the investment is made, the lawyer continues to play a significant role. They will closely monitor the investment entering the startup, ensuring that all legal procedures are carried out in accordance with the applicable laws.

Furthermore, the lawyer will provide ongoing assistance in fulfilling the contract, monitoring the obligations and rights of each party, and helping to resolve any potential conflicts that may arise over time.

In summary, the presence of a specialized lawyer, such as the experts at Koetz Attorneys at Law in attracting foreign investment through convertible loans, is essential for startups.

If you need legal assistance from our team, please message us on WhatsApp.

The post Convertible Loan: Advantages of the format in Foreign Investment appeared first on Koetz International and Succession.

Unraveling the Laws of Import and Taxation: what is changing?

Eduardo Koetz — Tue, 03 Oct 2023 19:23:03 +0000

Import and taxation laws are essential elements for the functioning of a globalized economy. International trade drives economic growth and the diversity of products available on the market, but it also requires adequate regulation to ensure fairness and the protection of national interests.

In this article, we will dive into import and taxation laws, analyzing the significant changes that have occurred recently and their impact on the international landscape.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

The Importance of Import and Taxation Laws

Import and taxation laws play a crucial role in controlling the flow of goods and protecting local producers and consumers.

They help establish tariffs and measures to regulate the entry of foreign products into the country, as well as ensure that imported goods comply with the norms and quality standards set by the authorities.

In addition, import laws have a significant impact on a nation’s trade balance. The imbalance between exports and imports can influence the country’s economic growth, employment, and competitiveness in the international scenario.

The operation of Import and Taxation Laws

Import and taxation laws vary from country to country, but usually involve some common procedures and principles. First, the importer must declare all relevant details about the good to be imported, including its origin, value, tariff classification, and purpose.

Based on this information, the customs authorities will determine the rate of taxes and duties that will be levied on the import.

In some cases, ad valorem tariffs, which are calculated based on the value of the goods, or specific tariffs, which are fixed for a particular product, may apply.

What has changed in Import and Taxation Laws in 2023?

The year 2023 brought significant changes in import and taxation laws in several countries, reflecting the evolution of the global scenario and the need to adapt to economic and commercial demands. Some main changes were as follows:

Trade Agreements and Economic Blocs: In 2023, there was an intensification in the signing of trade agreements and the consolidation of economic blocs between nations. These agreements aim to facilitate trade and reduce tariff and non-tariff barriers between member countries;
Increased Tariffs for Environmental Reasons: One of the most striking changes in 2023 was the increase in import tariffs for products with a high environmental impact. With growing global concern about sustainability and the environment, some countries have chosen to tax products whose production or use causes damage to the ecosystem. This measure aims to encourage more sustainable and responsible business practices;
Changes in Rules of Origin: The rules of origin, which determine the provenance of products for taxation purposes and framing in trade agreements, have also changed in 2023. Countries have adjusted their rules to ensure the correct application of preferential tariffs in trade agreements, avoiding undue manipulation of declared origins to gain trade advantages;
Retaliatory Policies and Trade Disputes: Trade disputes between countries continued to be a reality in 2023, leading to retaliatory policies with the application of punitive tariffs. These actions can create uncertainties in international trade and affect trade relations between the countries involved;
Digitalization and Debureaucratization of Customs: With technological advancement, many countries have sought to improve their customs systems through the digitization and debureaucratization of processes. This allowed greater efficiency in the management of imports, reducing the time of customs clearance and the costs associated with foreign trade operations.

The impact of changes in Import And Taxation Laws

Changes in import and taxation laws have significant consequences for the economy and for companies operating in international trade. Trade openness can stimulate competitiveness and access to more varied products, but it also requires companies to adapt to foreign competition.

On the other hand, retaliatory policies and trade disputes can create uncertainties and challenges for exporters, negatively affecting business and the economy of both sides involved.

Changes in Taxation Rules for Online Purchase

The year 2023 marked a period of significant changes in taxation rules for online shopping, especially on popular platforms like Shopee and Shein.

With the exponential growth of e-commerce, governments around the world have sought to update their tax policies to keep up with this evolution and ensure tax fairness in the digital environment.

One of the main changes was the improvement of the monitoring systems of international purchases made through Shopee, Shein, and other e-commerce platforms.

With the increase in cross-border transactions, tax authorities began to intensify enforcement to ensure that all imports were properly declared and subject to applicable duties and taxes.

And in2023, rules of origin have gained even more importance in the context of online shopping. Countries have revised their trade agreements and rules to determine the provenance of products purchased through these platforms.

The correct application of preferential tariffs in trade agreements was a point of attention to avoid tax evasion practices.

Value Added Taxes (VAT) and Rates:

Taxation on products purchased on platforms such as Shopee and Shein has also been subject to changes in 2023. Some countries have implemented or adjusted the Value Added Tax (VAT) applied to online purchases. In addition, tax rates on certain products, such as electronics and luxury goods, have been revised to ensure fairer and more equitable taxation.

Responsibility of Platforms and Sellers:

Another important change was the definition of responsibilities of e-commerce platforms and sellers who operate on these platforms in relation to tax compliance.

Governments began to demand greater cooperation and transparency from companies to combat tax evasion and ensure the proper collection of taxes due.

Changes to Exemption Limits:

In some countries, exemption limits for online purchases were also changed in 2023. This means that purchases of value below a certain amount would be exempt from import taxes.

However, it’s significant to note that these limits may vary from country to country and be subject to change over time.

In short, changes to taxation rules for online purchases such as Shopee, Shein, and other platforms in 2023 reflected governments’ effort to adapt to the ever-growing e-commerce environment.

These changes seek to ensure fair taxation, promote fair competition between local and foreign companies, and protect the tax interests of each country in the global e-commerce scenario.

If you need legal assistance from our team, please message us on WhatsApp.

The post Unraveling the Laws of Import and Taxation: what is changing? appeared first on Koetz International and Succession.

New Migration Law in Brazil: how does the statute of foreigners work?

Eduardo Koetz — Tue, 03 Oct 2023 10:30:33 +0000

The new Migration Law in Brazil was enacted in 2017, replacing the Foreigner Statute (Law No. 6.815/80), to modernize the regulation of immigration in Brazil, guaranteeing the protection and defense of the rights of immigrants.

Some of the main changes include extending the validity of visas, the possibility of renewing visas and work permits, and the inclusion of measures to protect victims of human trafficking and labor exploitation.

In addition, the new law establishes the creation of a national registration system for immigrants, facilitating the process of regularization and integration of foreigners in the country.

In this way, many rules changed, and there was a promotion of immigrants’ rights that were not previously based on the old Statute.

See now in this text what has changed and what are the rights of foreigners in Brazil!

If you need legal assistance from our team, please message us on WhatsApp.

The Old Statute

At first, the former 1980 Foreigner Statute was developed during the Military Dictatorship and was based on national security. Incidentally, it also had a criminalizing tone towards foreigners and allowed deportation on grounds of “national interest”.

However, the idea of “national interest” is very relative, not very specific, and was added to other rules that are now very outdated.

In this way, refugees and asylum seekers did not have national protection and could not count on rights while they remained in Brazil. The new law modified these errors.

New Migration Law in Brazil: What has changed?

The New Migration Law provided a major change in how the Brazilian Government sees foreigner who decides to come to Brazil.

In summary, today the law focuses on Human Rights and the establishment of rights for foreigners by the New Law. Therefore, the Brazilian Government’s view has changed, compared to the former Statute of foreigners.

The 1st Article of the New Law already demonstrates the tone in which it was made:

This Law provides for the rights and duties of migrants and visitors, regulates their entry and stay in the country, and establishes principles and guidelines for public policies for emigrants.

In addition, the New Migration Law in Brazil follows some principles and guidelines that reinforce its modernization, such as:

universality of human rights;
repudiation and prevention of xenophobia, racism, and any form of discrimination;
non-criminalization of migration;
non-discrimination based on how the person was admitted to the national territory;
promotion of regular entry and document regularization;
humanitarian reception;
economic, tourist, social, cultural, sporting, scientific, and technological development in Brazil;
guarantee of the right to family reunion;
equal treatment and opportunity for migrants and their families;
social, labor, and productive inclusion of migrants through public policies;
equal and free access of migrants to services, programs, and social benefits;
promotion and dissemination of migrant rights, freedoms, guarantees, and obligations;
social dialogue in the formulation and promotion of citizen participation by migrants;
strengthening the economic, political, social, and cultural integration of the peoples of Latin America;
international cooperation with States of origin;
integration and development of border regions;
comprehensive protection and attention to the best interests of migrant children and adolescents;
compliance with the provisions of the treaty;
protection for Brazilians abroad;
migration and human development, as inalienable rights for all;
promotion of academic recognition and professional practice in Brazil;
repudiation of practices of collective expulsion or deportation.

Therefore, we can see the initiative of the Brazilian Government in drafting laws that expand the rights of foreigners, validate human rights, and welcome any migrant who seeks Brazil.

New Migration Law in Brazil: Facilitated rights

Foreigners who chose Brazil are now able to work, reside, and raise a family in the country, with full inclusion of non-Brazilians. Something that seemed more difficult with the old Foreigner Statute.

Therefore, migrants have the right to equal access to public policies that were previously only intended for Brazilians.

Likewise, migrants are allowed to participate in trade unions and receive legal rights free of charge, if insufficient financial resources are proven.

Furthermore, the foreigner is entitled to a regular stay in Brazil, especially those who are socially vulnerable and cannot afford any fees for issuing documents, for example.

New Migration Law in Brazil: Easier Documentation

Another important feature of the New Migration Law is that it has become easier for immigrants, compared to the old Foreigner Statute, to obtain the documentation they need. This was due to several measures included in the New Law, such as:

Simplified process: The New Law established a more simplified process for obtaining documents, such as visas, and work and residence permits. In addition, the Law also provides for the possibility of renewing visas, which facilitates the permanence of immigrants in the country;
De-bureaucratization: from the point of view of the International Organization for Migration (IOM), there was a de-bureaucratization of “migratory avenues”, the paths that foreigners had to take to regularly enter a country. The new Law extinguishes the permanent visa but validates the temporary one, which facilitates the entry and legal stay of the immigrant.
Access to public services: The Law also guarantees immigrants access to public services, such as health, education, and security, without distinction between Brazilians and foreigners;
Labor rights: The Law allows immigrants the labor rights provided in Brazilian legislation, including wages, overtime, and vacations, among others;
Priority service: The New Law provides priority service to immigrants in vulnerable situations, such as victims of human trafficking and labor exploitation, in addition to foreigners who cannot afford to pay fees for issuing documents.

Thus, all these measures were implemented to make the process of obtaining documents and rights more accessible and efficient for immigrants, promoting their integration and well-being in the country.

New Migration Law: A human being with rights and obligations in Brazil

With the New Migration Law, the foreigner lost the image of threat (which the old Statute of the foreigner promoted) and was elevated to a condition of a human being with civil rights and obligations.

Furthermore, the Article 4 of the law is clear in guaranteeing the migrant:

Migrants are guaranteed in the national territory, on an equal basis with nationals, the inviolability of the right to life, freedom, equality, security and property.

As a result, the following rights are guaranteed:

civil, social, cultural, and economic freedoms;
freedom of movement in national territory;
a family reunion of the migrant with his/her spouse or partner and their children, relatives, and dependents;
protection measures for victims and witnesses of crimes;
transfer funds arising from your income and personal savings to another country;
assembly for peaceful purposes;
association, including trade unions, for lawful purposes;
access to public health and social assistance services and social security;
broad access to justice and free comprehensive legal assistance;
right to public education;
guarantee of compliance with legal and contractual labor obligations;
exemption from the fees dealt with in this Law, upon declaration of economic hypo sufficiency;
right of access to information and guarantee of confidentiality regarding the migrant’s data;
leave, remain, and re-enter national territory;
right of immigrants to be informed about the guarantees they are entitled to for migratory regularization.

Types of Brazilian Visas according to the New Migration Law

Brazilian visas are documents required by the Brazilian government to enter national territory. Brazil offers several visas and sub-categories that may adjust to your specific situation.

Therefore, the main categories of visas specified in the New Migration Law are:

visiting;
temporary;
diplomatic;
official;
courtesy.

As explained, these main visas are divided into subcategories to better serve your type of stay on Brazil.

In addition, countries belonging to MERCOSUR and on the border with Brazil are exempt from visit visas and can enter the country only with their identity document.

The list of main temporary visas is (click on the underline to read details):

Visit Visa

The Brazilian visit visa can be considered one of the subdivisions. Thus, it’s possible to come to Brazil with different purposes for a temporary stay of, in general, up to 90 days:

tourism;
business;
traffic;
artistic or sporting activities with a fixed-term contract.

Brazilian visas for humanitarian reasons and violation of human rights

At first, the humanitarian reception visa contemplates foreign people at risk and guarantees their stay in Brazil.

Thus, foreigners who are at risk can migrate to Brazil to seek protection and assistance.

It’s determined that:

The temporary visa for humanitarian reception may be granted to a stateless person or national of any country in a situation of serious or imminent institutional instability, armed conflict, major calamity, environmental disaster or serious violation of human rights or international law, humanitarian, or in other hypotheses, in the form of regulation.

In other words, those people who are in situations of risk or vulnerability in their countries of origin and need protection and humanitarian reception in Brazil are entitled to this type of visa. The purpose of this visa is to guarantee the right to life and physical integrity of these people, as well as to promote their integration and well-being in the country.

Thus, on Brazilian soil, interested parties may request refuge and protection to be able to establish themselves safely in Brazil.

Stateless person protection and political asylum

The New Migration Law aims to protect citizens of the world who are stateless. In other words, they have no ties to any country, and political asylum, which can be granted if the foreigner meets certain requirements. So, another change compared to the former Foreigner Statute.

Also, the stateless foreigner can opt for Brazilian naturalization, to consolidate his belonging to a new nation, as well as establish residence in Brazil, since with naturalization, the Residence Permit remains definitive.

To guarantee political asylum, the Migration Law states, in short, the protection of foreigners who have not committed the crime of:

Genocide: deliberate extermination of a community, ethnic, racial, or religious group;
Crime against humanity: Crimes intended against humanity are widespread or systematic attacks against a civilian population;
War crime: violation of human rights during a conflict;
Or crime of aggression: according to the Rome Statute, the use of armed force by a State against the sovereignty, political independence, or territorial integrity of another State.

Residence Permit

Just to illustrate, the Residence Permit is permission granted by the Brazilian Government to foreigners who wish to live in Brazil temporarily or permanently.

You should understand that there are several justifications for staying to obtain authorization, for example:

research, teaching, or academic extension;
health treatment;
humanitarian reception;
study;
work;
vacation-work;
the practice of religious activity or voluntary service;
investment or activity with economic, social, scientific, technological, or cultural relevance;
family reunion.

Thus, a foreign person who fits into any of the following situations can obtain a Residence Permit in Brazil. The situations are:

free circulation;
have a job offer;
has already possessed Brazilian nationality and does not wish to or does not meet the requirements to obtain it;
the beneficiary of refuge, asylum, or stateless person protection;
is a child or adolescent who is a national of another country or is stateless, unaccompanied, or abandoned, who is on Brazilian borders or in national territory;
has been a victim of human trafficking, slave labor, or violation of rights due to their migratory status;
is on a provisional release or serving a sentence in Brazil.

Family Reunion

First of all, the New Law promises the Family Reunion (different from the old Statute of the foreigner), including for refugees, it must be:

spouse or partner, without any discrimination;
child of an immigrant beneficiary of a residence permit, or who has a Brazilian child or an immigrant child beneficiary of a residence permit;
ascendant, descendant up to the second degree, or sibling of a Brazilian or an immigrant with a residence permit; or
who has a Brazilian under his guardianship or guardianship.

Brazilian naturalization

Namely, the foreigner who already lives in Brazil regularly has the option of becoming a Brazilian citizen. Acquire the condition of a naturalized Brazilian and have rights like any other Brazilian citizen under the Brazilian Constitution.

However, there are different types of naturalization (click on the underline to read the rule):

ordinary;
extraordinary;
special; or
provisional.

In most cases, this will be the ordinary naturalization option.

Deportation and Extradition

In principle, according to the New Migration Law, the foreigner who is irregular in Brazil has full defense before any decision is taken by the Brazilian Government. As such, this includes deportation and extradition.

For example, as established in the 1988 Constitution, migrants cannot be extradited based on political opinion.

Impediment to return

Even so, if the foreign person has previously been expelled from Brazil, their return is prohibited, through:

previously expelled from the country, while the effects of the expulsion are in force;
convicted or being prosecuted for an act of terrorism or the crime of genocide, crime against humanity, war crime, or crime of aggression;
convicted or responding to proceedings in another country for an intentional crime;
whose name is included in a list of restrictions by court order or commitment assumed by Brazil before an international organization;
if presents a travel document that:
a) is not valid for Brazil;
b) has expired; or
c) has erasure or evidence of forgery.

Impediment to Return for Life

In fact, in the former Foreigner Statute, the Impediment of Return was perpetual, that is, forever.

However, with the new Migration Law of 2017, it was agreed that the foreigner is expelled and prevented from returning to Brazil for twice the period of his sentence.

Therefore, if the immigrant commits the crimes listed above, the period of impediment to return to Brazil will be twice as long as the sentence.

Know the best strategy for your case

In summary, we can say that, even with the advances in the Law, for foreigners to enter or live in Brazil, they need to take some precautions.

Firstly, the issue of impediments and prohibitions that Brazil has delimited. That is, you may have rights, but you also have responsibilities.

Secondly, you need to know the best visa, authorization, or naturalization according to your need, your desire, and your ability.

For example, some visas will require a contract with a Brazilian company and others with a foreign company. Some will require proof of financial funds and others proof of a relationship with a person who is already in Brazil.

Therefore, you must understand the best strategy for your case.

And as a bonus, we can also recommend that you get to know the different regions of Brazil, researching a little about each one of them, to find out which one best fits what you want to live in.

If you need legal assistance from our team, please message us on WhatsApp.

The post New Migration Law in Brazil: how does the statute of foreigners work? appeared first on Koetz International and Succession.

Can I have investments in Brazil if I live abroad?

Eduardo Koetz — Fri, 29 Sep 2023 21:26:32 +0000

In this post, we will explore the investment possibilities in Brazil for foreign investors. We will delve into the legal nuances, such as the correct definition of a foreigner, as well as investment opportunities and tax obligations.

In the increasingly globalized world we live in, it’s common for many people to seek opportunities beyond the borders of their home countries.

Whether for work, study, or personal choice, the phenomenon of internationalization has become a more prevalent reality. Adding to this is the fact that Brazil is an emerging country with growing investment value, whether in market-active companies, real estate, securities, and various other forms.

Text continues after infographic.

However, a question that often arises for those who choose to reside abroad is: “Can I have investments in Brazil even while living outside the country?” In this article, we will explore the legal and regulatory aspects surrounding this issue, clarifying the possibilities and limitations for those who wish to maintain financial ties with Brazil while residing abroad.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Definition of Resident Foreigner and Legal Differences

When it comes to investing in Brazil while living abroad, one of the key factors that determines the possibilities and limitations is the concept of fiscal residency. Brazilian legislation defines specific criteria to establish whether an individual is considered a resident or non-resident in the country.

Generally, the amount of time a person spends in Brazil during a fiscal year determines their fiscal residency. For those who wish to maintain investments in the country, this is a crucial point to understand.

The definition of fiscal residency is not solely based on time spent in Brazil but can also include factors such as professional activity, center of economic interests, and family ties.

Correctly determining fiscal residency is essential, as it directly influences the range of investments you are authorized to make.

For those considered fiscal residents, the options are broader, ranging from property acquisition to stock trading. However, for non-fiscal residents, certain investments might be subject to restrictions or even prohibited.

Another caution to consider when assessing fiscal residency is the proper declaration of Income Tax, which is mandatory for fiscal residents and covers all income of the resident, including earnings outside Brazil.

In other words, if the investor seeks fiscal residency in Brazil, they should be aware that all their income, including in their home country, must be reported to Brazilian Income Tax. More information about the differences between fiscal residents and non-residents is in our post.

Restrictions for the Foreign Investor

When it comes to investing in Brazil, whether for resident or non-resident foreigners, it’s crucial to understand the restrictions that can shape your investment choices. While there are appealing opportunities, some specific limitations require careful attention.

For both resident and non-resident foreign investors, Brazil offers open doors for investments in public bonds, investment funds, and stocks listed on the stock exchange.

However, it’s important to note that certain types of investments, such as the acquisition of rural properties, are not accessible to non-resident foreigners.

To obtain rural property, the foreign individual must initially acquire fiscal residency in the country, as described in the previous subtitle.

However, even after obtaining fiscal residency, there are several limitations that the acquisition of rural property must adhere to, such as the limit of exploration modules.

Other limitations for foreigners might arise in engaging in activities in key sectors for national security or acquiring land in border zones.

Additionally, some financial transactions may require the intermediation of financial institutions registered with the Central Bank of Brazil, ensuring compliance and transparency in operations.

Facilitating Residency: The Possibility of Investor Visas

Investing in Brazil not only brings financial opportunities but can also grant the possibility of a residency authorization in the country. Obtaining a specific investor visa can be a viable route for those who wish to establish deeper ties with Brazil, both in terms of investments and residency.

Text continues after infographic.

Through certain investor visa programs, the Brazilian government aims to attract foreign investments to boost the country’s economic development. These programs often require a minimum amount of investment in specific areas, such as real estate, agribusiness, or innovation.

By meeting the program’s requirements, investors can obtain a visa that not only allows them to reside in Brazil but may also offer tax and mobility benefits.

Furthermore, an investor who has acquired the visa can also apply for their family through the family reunification visa program.

These possibilities streamline the residency process for foreign investors, broadening the range of operations they can carry out in Brazil if they intend to permanently migrate to the country. More information about investor visas is in our post.

Tax Obligations

Investing in Brazil while living abroad involves not only choosing the right types of investments but also understanding the tax implications of this process. Taxation for foreign investors can be complex and requires careful attention to avoid future issues.

In Brazil, foreign investors may be subject to taxes such as Income Tax (IR) on capital gains obtained from investments. The tax rate and treatment can vary based on the type of investment, holding period, as well as the fiscal residency status of the foreign investor.

Additionally, the existence of double taxation agreements between Brazil and the investor’s country of residence can impact how taxes are paid and mitigated.

In the case of a foreign investor with fiscal residency in Brazil, their tax treatment will be similar to that of an ordinary Brazilian, requiring them to declare in their annual Income Tax return. In this case, advantages related to double taxation agreements with their home country can be utilized to offset already paid Income Tax amounts.

In contrast, an investor without fiscal residency in Brazil will be subject to different income tax rates depending on their investment, necessitating a differentiated tax payment approach, such as issuing a DARF (Tax Payment Document) through the Brazilian Federal Revenue’s website.

Financial Planning and Specialized Consulting

When it comes to navigating the complex landscape of investing in Brazil while residing abroad, it’s crucial to seek specialized guidance to make informed decisions and avoid legal pitfalls.

In this regard, a legal consultancy specialized in taxation and international investments becomes essential to maintain the most efficient operation possible, yielding greater profits for the investor.

Foreign investors will find themselves in an environment where they need to plan for both the investments they wish to make, whether the desired application is legally possible, which taxes apply to the desired investment and what the best strategy is to reduce taxation.

With rich expertise in areas like tax law, international law, and business law, Koetz Advocacia’s attorneys can customize approaches that align with your financial goals, considering the constantly changing legal landscape. This way, the investor can make the most of their earnings while maintaining full compliance with their tax situation in the country.

If you need legal assistance from our team, please message us on WhatsApp.

The post Can I have investments in Brazil if I live abroad? appeared first on Koetz International and Succession.

Software Exportation Guide

Eduardo Koetz — Thu, 28 Sep 2023 21:18:52 +0000

Over the past few years, the economic and technological landscape has become increasingly positive to the development of new technologies, among software exportation. Consequently, Brazil has experienced significant growth in the number of software and technology companies, especially in the form of startups.

As these new-format companies evolve, it’s natural for them to seek new markets through internationalization. Let’s see how this can be done.

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Author: Leonardo Almeida Lacerda de Melo

Software Exportation

The past decade, particularly the last three years, was marked by the COVID-19 pandemic. There has been a considerable influx of entrepreneurs in the technology sector (techs) who have been able to generate innovative ideas with the democratization of communication and digital programming. During the mentioned pandemic period, the market itself offered a considerable amount of products and services that promoted greater digital connectivity among people and many ways to digitally offer various products.

This supply made a positive impact on the technology market. For example, Fintechs (startups focused on financial technology) alone received an investment volume of $3.7 billion USD in 2021, double the previous year’s volume, and four times the volume of 2019, according to data from the Distrito portal.

Given the favorable market conditions, it is opportune for many software companies to consider the internationalization of their products through exports, which, being (generally) 100% digital (either products or services), can occur with much greater ease. Let’s now explore the basic aspects of software exportation.

Step-by-Step Guide for Software Exportation

To engage in exportation, a company should focus on a specific procedure that starts with preparation and research. Only after identifying the target market should the actual software exportation process begin using various formats, which will be addressed shortly. Let’s start with a brief step-by-step guide for software exportation.

Market Research

The first step for a company is to conduct an analysis of potential consumer markets worldwide. The initial research should encompass an examination of potential consumer markets in the target countries. The goal is to identify a niche market that is sufficient to cover the export operation costs in the early years.

However, the research should not be limited to the market itself. It is necessary to analyze the regulations that the software may be subject to and evaluate if the product or service complies with all local regulations. A tax study is also required to assess the final price passed on to the consumer and whether it is suitable for the target market under analysis.

Product Adaptation

After conducting preliminary research and identifying a potential new market to enter, it may be necessary to adapt the product/service for exportation, starting with the language. Depending on the cultural differences and market needs of each country, various adaptations may be necessary when introducing the product to a new market.

For example, let’s consider a product in the Lawtech industry that aims to facilitate law firm management. Due to differences in laws between countries, law firms may have different structures and specific needs in each potential consumer market. Hence, adaptation becomes necessary.

Registration and Intellectual Property Protection

It’s valid to mention, as a precaution, that intellectual property registrations through the INPI (Brazilian National Institute of Intellectual Property) do not automatically provide international protection. Therefore, before offering the software to different countries, it is in the exporter’s interest to seek proper protection in the target country, likely through the WIPO (World Intellectual Property Organization).

Only through ensuring intellectual property protection for the software that the company safeguard against the indiscriminate use of its product, thus preventing the target market from being flooded with similar or identical products.

Setting up an After-Sales Structure

Prior to actual exportation, it is important for the software exporter to establish an appropriate after-sales structure for the modified product in the target market. This may require customer support personnel who are fluent in the foreign language, specific support for that product and other measures that maintain the post-sales standards of the domestic market.

In order to retain customers and ensure a healthy presence in the target country, the after-sales aspect should be defined in advance and prepared to handle the expected volume resulting from software exportation.

Study and Implementation of the Export Plan

Once the market, product, structure, and legal protection are defined, the company must choose the most suitable strategy for exportation. The options can range from simple digital distribution of the product to establishing a subsidiary or branch in the target country.

The choice of strategy should be guided by the information gathered in the previous stages, particularly during market research. The nature of the software to be exported should also be taken into consideration, whether it is off-the-shelf software or a SaaS (Software-as-a-Service) model.

For larger markets, to take advantage of possible tax reductions, a more robust export plan involving the establishment of a subsidiary or controlled company in the target country may be more economically viable. For smaller ventures involving software that can be sold entirely online, online sales may be sufficient. Next, we will explore in more detail some software exportation options that the market offers.

Different Methods of Software Exportation

After acquiring the necessary information regarding the target market, its regulations, and taxation, the exporting company should design the appropriate export operation plan, which will involve the strategy to be used for making its software available in the foreign market. Let’s now explore some approaches that the company can take for software exportation.

Online Sales and Distribution

Selling software through 100% digital means presents a cost-effective solution for making it available in markets worldwide, especially in B2C (business-to-consumer) sales. This can be done directly through the company’s website.

However, the exporter should be mindful of the regulations in the target country, such as the requirements for commercializing their software and the possible need to maintain a local representative or resident. Among other issues that may be required for the proper regularization of their product/service.

Sales through Commercial Representatives

Having commercial representation is one of the main ways to enter the international market for software. It involves appointing a representative who will be responsible for selling the product inside the destination country. Having a local representative showcasing the product can lend greater credibility to it for foreign buyers, especially in B2B (business-to-business) sales, where the purchasing company may require local representation to handle potential disputes arising from the product sale.

Joint Ventures

A joint venture involves a cooperative agreement with a local company for the provision of the exported product/service. This entails establishing strategic partnerships with existing companies in the target countries, where both parties contribute resources, knowledge, and expertise to jointly develop and market the software. This approach can help share risks and costs, leverage local knowledge, and allow for better adaptation of the software.

Opening a Branch or Subsidiary

This approach requires a greater investment but offers better efficiency in entering foreign markets, where the company establishes its own physical presence through either a branch or the opening of a new controlled company in the target country. The goal is to instill maximum credibility in the consumer market and potentially benefit from tax advantages by treating profits from the domestic market as those generated by the branch or subsidiary.

Opening such a branch or subsidiary requires careful consideration of all stages of the software exportation plan, as it involves directly hiring employees, acquiring property, and maintaining separate tax declarations as a national company, among other related matters.

The Need for Specialized Assistance for Software Exportation

As demonstrated, software exportation is a process accessible to many companies that have gained a certain level of maturity in the market or even those that are specifically focused on exporting their product or service to a particular country. However, it’s in the exporter’s best interest to seek specialized assistance at all stages of the planning process.

The purpose of specialized assistance is to identify the most cost-effective and financially advantageous pathways for exporters. This may involve analyzing the regulations of the target country, choosing the best exportation method, and providing guidance on various aspects throughout the execution. Such as representation contracts, tax compliance, intellectual property rights, and other matters of interest to the exporter.

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Advantages of Family Succession in Brazil – a comparison to China

Eduardo Koetz — Tue, 26 Sep 2023 20:19:35 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and in China, as well as highlight the advantages that Brazil offers for the succession process started in its territory.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

How much is the inheritance tax rate in Brazil and in China?

Generally, after the death of a relative, the heirs, or beneficiaries who will inherit their estate are also responsible for the payment of inheritance tax.

This usually happens in several countries around the world, and each of them has their own specific rules regarding the payment and charging of this tax.

In Brazil, the inheritance tax is named ITCMD (Imposto sobre transmissão causa mortis e doação) and must be paid whenever there is the transfer of goods or transfer of rights, in case of death or donation.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

This means that, according to Brazilian law, there cannot be an inheritance tax rate higher than 8% in relation to the value of the property transmitted to the heirs after death.

In China, however, the reality is quite different.

As of now, for the legal heirs to be able to inherit the deceased person’s property, there is no unique and specific inheritance tax rate imposed by the Chinese government.

However, there are several other types of taxes in China that may be charged as a consequence of the transmission of property ownership after death, depending on each scenario.

It is the case of the deed tax, for example, which must be paid by the person or company who receives the right of use of land or property, whether by acquisition, sale, exchange, or donation.

Therefore, in certain situations, whoever receives immovable property through inheritance in China must pay this tax, which usually happens when the deceased person leaves property in a will to someone who was not their relative.

That happens because the legal heirs of the deceased are exempt from paying the deed tax within Chinese territory.

The deed tax rate varies in the country and may reach 5% on the value of the estate, and it must not be charged from the spouse or relatives of the deceased, or on movable property.

Besides, at times, it may be necessary for an heir to prove their condition as an heir to the deceased’s estate in order to receive them, which can be done by requiring a notary certificate from a Chinese notary office.

If this is the case, the heir will have to pay an amount that varies from 0.5% to 2% on the value of the property to obtain this notary certificate, which is common in situations regarding immovable property or bank deposits that belonged to the deceased.

Although these two are among the most common taxes to be charged on inheritance, there may be other taxes in different cities and regions across the Chinese territory.

How does the division of property work in China?

In a similar way to how it works in Brazil, in China there is also an order of preference that must be followed when the division of the deceased’s property has not been determined by them while they were alive, in a will.

In this situation, in Chinese reality, the relatives are divided between first and second levels of priority, according to the following:

first level of priority: spouse, children, and parents;
second level of priority: siblings, paternal grandparents, and maternal grandparents.

Therefore, first-level heirs will inherit all the deceased’s property, and second-level heirs will only receive any property if there is no surviving spouse, children, or parents.

In general, Chinese law also determines that same-level heirs must receive equal shares of property, with no distinction as to gender, or whether the children were born in or out of wedlock.

However, in regard to the community property acquired by the couple, the surviving spouse usually receives one half of the estate and will also receive another amount together with the children and parents of the deceased, related to the other half.

Are there any obstacles or prohibitions to inheriting in China?

Chinese law has determined that one heir may be considered unworthy when it comes to receiving their deceased relative’s estate in certain scenarios, similar to how it happens in Brazil and in other countries.

In Brazil, heirs may lose their right to inherit in specific situations, such as unworthiness, disinheritance, and the existence of debts.

An heir will be considered unworthy if they commit any act against the life or the honor of the owner of the estate, or even against their freedom to make a will. For this to happen, an unworthiness lawsuit must be filed in court.

Besides that, an heir can also be disinherited for the same situations mentioned above, or if they physical offenses, or serious injury, have illegal relations with a stepparent, or fail to assist their ascendants in case of disease.

On the other hand, heirs may also be prevented from inheriting in case of debts made by the deceased, if the payment of these debts uses all the property left by them and there is nothing left to inherit.

Likewise, in China, an heir may be considered unworthy if they cause the death of the decedent or any other heirs, or if they prevent other heirs from inheriting their shares, whether by force or fraudulent actions.

Also, there are judicial rulings in Chinese courts to prevent children from inheriting their parents’ estate in cases of abuse, theft, or assault to them.

What are the advantages of starting a family succession in Brazil?

We can say that there are advantages to starting a family succession in Brazil in comparison to China.

First, it is clear that in Brazil there is only one way to charge inheritance tax, and that the tax rate is limited to 8% on the market value of the property.

At the same time, although China has not determined one specific tax rate related to inheritance tax, other taxes may be charged depending on each specific case and each region in the country.

Therefore, it is not uncommon for Chinese citizens who have inherited property to pay for other taxes whose percentages may be equal to or even higher than the Brazilian tax rate limit.

Another benefit of Brazilian law is the possibility that the estate owner may get a private pension plan.

That is because the private pension plan holder can define how the division of this money will happen after their death by naming any person they want as a beneficiary to receive them.

According to Brazilian law, most federative states do not charge ITCMD on the amount of money left in private pension plans because it is not part of the inheritance and does not need to be included in the inventory proceeding.

In other words, this amount of money related to private pensions can be received by the beneficiaries irrespective of the course and the conclusion of the inventory proceeding.

Holding Company

Another interesting possibility to be considered is the creation of a holding company by the owner of the estate.

In this kind of company, it is possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

An advantage of holding companies is having more safety and better planning of the property that belongs to it, which will also be divided according to the owner of the estate’s wishes, after their death.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

Thus, bringing property from other countries to Brazil with the intention of planning a family succession may be an attractive decision for whoever owns property abroad, given these benefits of the Brazilian legislation.

If you need legal assistance from our team, please message us on WhatsApp.

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Work legalization for foreigners in Brazil: Step-by-step.

Eduardo Koetz — Tue, 26 Sep 2023 10:30:02 +0000

The search for the legalization of foreigners in Brazil to work is not new and already has established legislation. Professionals from abroad who want to work in the country need to go through some administrative processes. Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Data on Foreigners Working in Brazil

According to the 2018 annual Migration and Labor Market in Brazil report issued by OBMigra (Observatório das Migrações Internacional), the Brazilian government authorized around 25,000 immigrants to work in the country in 2017.

The nationals of the countries with the highest number of authorizations granted were: the United States, Philippines, United Kingdom, China, and France. Most of these hires took place in São Paulo. However, this scenario has been gradually changing. For some years now, the southern region has also been hiring a significant number of foreigners.

However, the process of hiring foreigners still raises questions both for those entering the Brazilian labor market and for the companies that are hiring. Below we will explain step by step the legalization of foreigners to work in Brazil.

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Step-by-step of the legalization of foreigners in Brazil to work: MERCOSUR and other countries

Those who are from another country and want to work in Brazil must go through a series of bureaucratic steps before working in the country. However, there is a difference between those coming from MERCOSUR and those from other countries.

MERCOSUR national foreigners

The Southern Common Market (MERCOSUR) – initially created by Brazil, Argentina, Paraguay, and Uruguay – is a regional economic bloc. Currently, Venezuela is also part of the bloc, however, it’s suspended from all rights and obligations inherent to its status as a State Party of MERCOSUR.

There are other countries also bound by the agreement but as Associated States. They are Chile, Bolivia, Peru, Colombia, Guyana, Suriname, and Ecuador. And since 2015 Bolivia has been in the process of accession.

MERCOSUR’s objective is to strengthen the common space and thereby generate commercial and investment opportunities through the competitive integration of the region’s economies in the international market. Thus, it has commercial, political, and cooperation agreements with several nations on all continents. This directly impacts the legalization process for foreigners in Brazil to work, if they are migrants from one of the State Parties.

As of 2009, the bloc implemented instruments to facilitate the free movement of people between countries, aiming to strengthen regional integration. Thus, the Residence Agreement for Nationals of MERCOSUR States Parties and the Residence Agreement for Nationals of MERCOSUR States Parties, Bolivia and Chile, was created.

Residence Agreement for Nationals of Member States of MERCOSUR, Bolivia, and Chile

These agreements allow MERCOSUR citizens the right to obtain legal residence in the territory of another State Party. In this case, the agreement provides for the right to residence and work for citizens with no requirement other than nationality. Thus, it facilitates the request for a residence visa as long as these individuals have a valid passport, birth certificate, and negative criminal record certificate.

Nationals are entitled to work under the same conditions as nationals of the other State. The labor legislation applied is that of the State in which the national will work. In addition, MERCOSUR agreements make it possible to unify contributions and payments made to Social Security in order to facilitate obtaining social security benefits.

Foreign nationals from other countries

Foreign nationals from other countries who wish to work in Brazil with an employment contract need to apply for a visa and a work permit. It’s important to point out that there is a difference in the steps for those who have an employment contract (employment relationship) and those who do not – the rules differ, so the steps below are only for those who have a contract with a Brazilian company.

The first step is to find a Brazilian company that wants to hire a foreign worker. Brazilian legislation protects Brazilians, so they have priority in vacancies. Thus, for a company to hire a foreigner, it’s necessary to justify this hiring.

Legalization of foreigners in Brazil to work: Obtaining authorization

The first stage of the process is up to the company. There are two ways to initiate the request:

Previous Residence – In this case, it’s for the individual who is still abroad. Thus, the process must be initiated by the company in Brazil;
Residence – both the company and the immigrant can start the process since the individual is in a national territory.

In both cases “Previous Residence” and “Residence”, the rule that applies in the administrative process and in the necessary documentation is Normative Resolution n. 01 of December 1, 2017, of the National Immigration Council (CNIg). In addition to RN 01/2017, the individual must also be aware of RN 02/2017.

The request is made electronically through the “Immigration Management and Control System” (MigranteWeb) which requires, obligatorily, Digital Certification. And the necessary documents are listed in RN 01/2017 and RN 02/2017.

The estimated time for the Ministry of Labor to respond is between 15 and 30 calendar days. The expected period of residence is up to 2 years – varying according to the employment contract with the company.

A permanent visa in the country is indispensable for the legalization of the work of foreigners in Brazil

After receiving the work permit, the individual can start the visa process at the Consulate in his/her region. It’s important to point out that the request can only be made abroad – Brazilian visas are not granted in the national territory.

The work visa can only be applied for in person by the individual or proxy. However, if requested by a proxy, the individual must collect it personally when issued.

Upon arrival in Brazil, the holder of a work visa must appear at a Federal Police unit within 90 days for registration – which is mandatory, regardless of the validity of the visa.

Required Documentation

There is standard documentation required for the visa application, but this may vary according to the case.

Passport valid for at least 6 months from the date of entry into Brazil;
Copy of the applicant’s birth certificate;
Signed visa application protocol;
A biometric photo in the 3.5×4.5cm format – the photo must be sent on the form;
Criminal record certificate issued less than 90 days ago;
Interested parties are recommended to arrange for international health insurance;
Consular fees – may vary by country and region.

Request procedure for legalization of foreigners in Brazil to work

The form described in the documentation is completed online on the website of the Ministry of Foreign Affairs. After filling out, the protocol must be printed, and signed and the photo must be pasted.

The protocol and other documentation must be presented at the Consulate and only when everything is complete will the verification process begin. The analysis takes an average of 30 days and after approval of the visa, the individual will be able to pick it up on the spot.

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International Intermediation: an essential tool for exporters

Eduardo Koetz — Thu, 21 Sep 2023 18:41:29 +0000

In order to facilitate the entry of their product into a specific foreign market, exporters commonly use the tool of intermediation to hire individuals who will assist them in reaching buyers and promoting their products.

Internationally, intermediary models are essential in the export and international trade procedures and should be understood by those seeking to internationalize their products. Let’s explore further.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Internation trade

When aiming to export products in international trade, the producer must be aware of the endeavor they have embarked upon, with the first step being a thorough understanding of the target market. However, it’s typical for the final sale to be outsourced to one or more intermediaries between the exporter and the buyer, in order to increase the exporter’s sales opportunities.

These intermediaries may assume different responsibilities at different stages of the exporting process, whether they are domestic intermediaries of the exporter (such as trading companies). Thus, with contacts in the target market or intermediaries from the target market who have contacted the exporter and already present a certain client portfolio.

First, we will delve into the details of how the main types of intermediation agreements in Brazil work (which may vary by country, although they follow the same logic): agency, distribution, and commercial representation agreements.

Subsequently, we will examine specific clauses of the contract in more detail, such as the non-circumvention clause, which aims to prevent the exporter from bypassing the intermediary by directly contacting the client in an attempt to circumvent the intermediation.

Agency, Distribution, and Commercial Representation Agreements

With considerable similarities, these three types of agreements aim to facilitate the sale of the exporter’s product in a particular market. To do so, the exporter seeks external assistance for the final sale. Let’s explore the main relations related to this practice.

Agency Agreement

This is a bilateral and typical contract (provided for in the Brazilian Civil Code) in which the intermediary (agent) is tasked with promoting the sale of the exporter’s product (principal).

In other words, the principal presents the product they wish to offer to the target market, and the agent is responsible for finding buyers for the specified product in that region.

In this type of contract, the principal may, optionally, grant powers to the agent to conclude the sale of the product on their own.

The agent’s consideration should occur when transactions are carried out within their operating zone, even if they did not participate directly in the negotiation (unless otherwise specified in the contract). Furthermore, if a sale fails to occur solely due to the fault of the principal, the agent is still entitled to its consideration.

Distribution Agreement

Also provided for in the Civil Code, the distribution contract is quite similar to the agency contract. The principal seeks an intermediary (in this case, the distributor) to operate in a specific area with the aim of selling the offered goods.

Practically everything said about the agency contract applies to the distribution contract. The only difference is the direct possession of the goods: in the case of distribution, the distributor has direct possession, facilitating the final sale, but requiring that the exporter (principal) has already carried out the exportation prior to keeping the goods in the destination market.

Naturally, this entails considerable differences in logistical planning.

Brokerage Agreement

In this model of agreement, which is typical and bilateral, the intermediary (broker) shall seek clients for the sale of the exporter’s products, without having powers constituted in a mandate.

Unlike the typicality of the contracts mentioned earlier, the consideration of the broker is not tied to a specific representation zone, but rather to the clients they are able to secure and assist in the intermediation of the business.

In other words, the broker does not possess a power of attorney granting them authority to represent the principal, he shall solely act as an intermediary between the purchase and sale of the exported product.

The broker’s function, besides finding the actual client, is to mediate the negotiation in order to receive its consideration (unless otherwise specified in the contract).

General Considerations

Despite the typical contracts provided for in the Brazilian Civil Code, namely agency, distribution, and brokerage contracts, it’s common in the field of international trade to have significant differences in the relationships between the exporter and the intermediary.

Thus, often mixing the characteristics of the three types of agreement and defining specific conditions of consideration and the intermediary’s powers of representation.

Due to this, it’s important for the exporter to remain open to various possibilities of negotiation relevant to the agreement with each intermediary in the export process (usually involving more than one). Considering the specificity of each one’s role in selling their product.

Key Precautions in the Agreement

When the exporter and intermediary negotiate to sell the product, it is in the interest of both parties to draft a well-crafted term of agreement that seeks to protect both from possible bad faith on either side.

On one hand, the exporter entrusts the intermediary with their product, values, and means of production, and on the other hand, the intermediary presents the client to the exporter and expects proper remuneration through their successful intermediation.

Let’s see how these precautions can be taken.

Non-Circumvention Clause

This clause is a means of protecting the intermediary from what is known as a bypass: when the exporter begins to deal directly with the client in order to avoid the consideration of the intermediary.

In this clause, both parties commit to not conducting any business directly with a third party introduced by either party.

In other words, when the intermediary introduces a specific client to the exporter, whether the intermediary is an agent, distributor, or broker, the exporter is obligated to conduct the sales transaction only through this intermediary.

This clause aims to ensure that the intermediary materializes their role in the sale, granting them the right to consideration.

Another necessary provision in the Non-Circumvention clause is its validity even after the termination of the representation contract. Without this provision, the exporter could take advantage of the contract’s termination to deal directly with the end client, thereby seeking to avoid consideration of the intermediary.

Non-Disclosure Clause

In the relationship between the exporter and the intermediary, it is in the interest of both parties to maintain the confidentiality of sensitive information, especially regarding the exporter’s product. In order to protect them in this regard, the non-disclosure clause becomes useful and widely used in general representation agreements.

With this clause, both parties can share information in their negotiations with the assurance that it will remain confidential.

In the event of non-compliance, the recipient of the information discloses it to third parties. A penalty should be stipulated that is sufficient to both deter the disclosure of such information and compensate for any damages caused by such disclosure.

The Need for Legal and Specialized Assistance

As demonstrated, the intermediary relationship has various nuances and delicate issues that require the attention of a specialized person. The idea is to prevent non-compliance or evasion of obligations, as well as to determine the limits of the intermediary’s role, their powers, and proper remuneration.

With proper guidance, the contract can be well-defined to avoid potential disputes, which mitigates damages for both parties.

Furthermore, in the event of contractual non-compliance, a specialized attorney can legally act in the court of law specified in the agreement to protect the rights of the requesting party and prevent further damages.

If you need legal assistance from our team, please message us on WhatsApp.

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5 Advantages of a Holding Company in Brazil for investors

Eduardo Koetz — Tue, 19 Sep 2023 20:14:31 +0000

With the growing real estate market in Brazil, many investors are seeking specialization in the field to generate both active income through buying and selling properties at higher prices and passive income through rental returns from acquired properties.

However, many investors still carry out these operations as individuals, which creates a less favorable scenario due to greater disorganization and, most importantly, higher tax incidence. Let’s see how to overcome this scenario.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Income in Brazil

With the increase of their wealth through investment returns, many real estate investors expand their portfolios and assets by acquiring more properties to maximize income in Brazil. This situation creates an actual investment portfolio focused on the real estate sector.

However, a significant portion of these investors continues to conduct operations in their own names as individuals, making them subject to higher taxes, primarily the Individual Income Tax (Imposto de Renda de Pessoa Física or IRPF).

In light of this scenario, a legal entity model was created solely for managing these assets, providing greater security, organization, and, most importantly, lower tax incidence on operations and income.

This model is known as a Holding Company.

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Characteristics and Advantages of a Holding Company

The idea of a Holding Company is to formalize the administration of all assets owned by an individual.

In practice, this occurs when a specific investor consolidates various assets (real estate or movable property) in their name until a certain point where the taxation on these assets becomes excessive in absolute value, and their management requires more refined attention.

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In this scenario, the creation of a company is projected to manage and protect these assets.

Naturally, a Holding Company has several tax benefits compared to an individual, as the tax authorities consider it to be focused on managing high-value assets and generating any income from those.

In terms of structure, a holding company can incorporate all the elements of a market-oriented company, such as a board of directors, accounting, etc. Let’s examine these advantages in more detail.

Tax Reduction

As mentioned earlier, rental income from properties owned by individuals is subject to the individual’s income tax table, which can reach a rate of 27.5% according to the updates in MP 1,171/2023.

In the case of a Holding Company opting for the Presumed Profit Brazilian tax regime, it will pay a rate of 15%, where amounts above R$20,000.00 (4.000,00 USD) may be subject to an additional 10% tax (IN RFB 1700/2017, article 29). This clearly represents a lower tax burden.

Regarding the purchase and sale of properties, the scenario deserves analysis depending on the nature of the transaction.

If conducted by an individual, the tax rate is higher at 15%, but it applies only to capital gains. In contrast, the sale through a holding company, despite having a lower tax rate of 6.73%, applies to the total value of the property sold.

In addition to the mentioned issues, foreign investors have a significant advantage in succession (which will be addressed later).

In addition to the mentioned issues, foreign investors have a considerable advantage in succession due to the reduced value applicable to ITCMD (Inheritance and Gift Tax), with a maximum tax rate of 8%, compared to other countries where it can reach up to 50% (this matter will be specified further ahead).

Asset Protection

The transfer of the investor’s business assets provides greater protection to them, as the separation of personal and commercial assets provides a certain level of immunity against legal actions against the holding company.

In other words, if the holding company is legally liable for a specific debt, the investor’s personal assets will have greater protection against potential legal actions.

Succession Planning

By establishing a holding company and transferring the investor’s assets to it, these assets are properly evaluated and divided into shares, allowing for better succession planning.

Moreover, succession can be carried out during the investor’s lifetime by granting shares in the form of usufruct to the successors, which would already be subject to Inheritance and Gift Tax (Imposto de Transmissão Causa Mortis e Doação or ITCMD). This approach avoids additional costs and the probate process after the investor’s passing.

Efficient Asset Management

As demonstrated, a holding company, in terms of structure, resembles a conventional company. Therefore, the assets aggregated to it, divided into designated shares with established values, will be centrally managed under a single administration.

This enables greater transparency in their movement, value, and financial returns, facilitating any administrative planning.

Possibility of Investment Acquisition

Being a legal entity, a holding company is viewed differently by the market. This allows it to be eligible to receive investments, whether from the domestic market or foreign investments.

Given the current real estate scenario, successful investors can generate significant returns through various investment opportunities, whether through loans in exchange for interest or through equity participation.

This can attract the interest of both domestic and foreign investors who seek to enter the Brazilian real estate market without having to personally establish a company for this purpose, significantly reducing bureaucracy and the requirements necessary to start reaping the benefits of the market (more information on the procedure for opening a company for non-residents in our article).

What is the Necessary Investment to Start a Holding Company in Brazil?

First, it is worth mentioning that there is no minimum required amount by law to open a holding company in Brazil. The only consideration is the cost-benefit analysis.

Regarding the holding company, the major cost for its establishment lies in the capitalization, as there will be an Incidence of ITBI (Real Estate Transfer Tax) upon transferring the properties from the investor’s name to the newly formed holding company. This taxation can range from 2% to 5% of the property value.

In addition to the ITBI cost, which is the main expense related to the establishment of a real estate holding company, there will be fees for opening the legal entity (generally quite low), as well as the ongoing maintenance of the company and the fees for a lawyer and an accountant. In general, an estimated amount of around R$5,000 (1,000.00 USD) can be considered.

Therefore, the investor should consider the costs involved and calculate the time needed, especially to recoup the ITBI payment, in addition to taking into account the holding company’s maintenance costs.

What is the Tax Cost on the Succession of a Holding Company in Brazil with Foreign Shareholders?

This is an interesting scenario in Brazil at the present moment. The ITCMD only has established tax rates for succession among residents in Brazil regarding assets located in Brazil (which can reach 8%).

In the case of succession of assets controlled by offshore companies, there is no specific Law governing the ITCMD tax rate.

Therefore, up to this point, there is no ITCMD tax on the succession of a foreign shareholder in a real estate holding company in Brazil that manages their shares through a company situated in their own country. In this case, the succession will take place in the administrator’s country, which, up to now, excludes the incidence of ITCMD in Brazil.

The current scenario demonstrates a favorable aspect for foreign investors seeking secure means to invest in the Brazilian real estate sector, as there is no taxation related to their succession if they choose to carry it out in their country of origin or any country that has an offshore entity responsible for the holding company derived from Brazil. In other words, the investor can choose the tax regime that is most advantageous for them.

The Advantages of Specialized Advisory Services

The establishment of a real estate holding company to manage significant assets in Brazil, while considerably advantageous, requires prior structural, legal, and tax planning.

This is necessary to develop the best strategy for reducing taxes, structuring the holding company, and estate planning.

Text continues after infographic.

Regarding foreigners seeking to enter the market by opening a holding company in Brazil, in addition to the aforementioned factors, they need to go through administrative procedures to obtain authorization to conduct business activities in Brazil.

These procedures may involve obtaining an individual taxpayer identification number (CPF), document regularization, and appointing a resident representative in the national territory.

For these reasons, it is in the interest of both resident and foreign investors to seek specialized assistance, such as the professionals at Koetz Advocacia, for their estate planning and structuring of the holding company responsible for managing their assets.

If you need legal assistance from our team, please message us on WhatsApp.

The post 5 Advantages of a Holding Company in Brazil for investors appeared first on Koetz International and Succession.

Visa deadlines for foreigners in Brazil

Eduardo Koetz — Tue, 19 Sep 2023 10:30:15 +0000

Visa deadlines for foreigners in Brazil who come to the country vary according to the type and purpose of it, but only a few have a social security impact. Understand.

If you need legal assistance from our team, please message us on WhatsApp.

Types of visa for foreigners in Brazil

Those wishing to come to Brazil must choose the type of visa they need, according to the purpose of the trip.

Thus, to enter or remain in the country, there are options: visit, temporary, permanent, diplomatic, official, and courtesy. Furthermore, within these categories there are subdivisions.

Namely, diplomatic, official, and courtesy visas are particular and less frequent visas, because they are granted to authorities, administrative officials, and foreign personalities.

Visa deadlines for foreigners in Brazil: tourist

In the case of the tourist visa, it will be granted to foreigners who visit Brazil for a short-term stay, that is, without the intention of establishing residence. In this way, the tourist visa does not influence and does not have an impact on social security rights. The cases that fit this type of visa are:

Tourism;
Business;
Artistic or sporting activity;
Other hypotheses are defined in regulation.
Within these categories there are subdivisions.

Within the period of the tourist visa, the foreigner can stay in the country for up to 90 days, which may be extended by the Federal Police, according to its own criteria, for up to another 90 days. However, the maximum period of stay in the country cannot exceed 180 days in each migratory year. In addition, the validity of this visa is 5 years.

Attention: the length of stay for foreigners traveling for tourism or business in Brazil may vary according to the nationality of the traveler. In this way, it’s possible to observe the criteria in the General Framework of the Visa Regime, organized and updated by the Ministry of Foreign Affairs.

However, the transit visa has a different deadline. It’s granted to foreigners who enter Brazil to reach another country of destination, with a period of up to 10 days, without extension.

Visa deadlines for foreigners in Brazil: Temporary

A temporary visa is sought by foreigners in order to establish residence for a specific period of time in Brazil. In some cases, the foreigner must observe precautions with social security. This is because, when the purpose of the stay is related to work, in general, the person must continue to contribute in their country of origin, and not contribute in Brazil. In addition, the person must fall into at least one of the categories below:

Research, teaching, or academic extension;
Health treatment;
Humanitarian reception;
Study;
Work;
Holiday-work;
The practice of religious activity or voluntary service;
Investment or activity with economic, social, scientific, technological, or cultural relevance;
Family reunion;
Artistic or sporting activities with a fixed-term contract;

Temporary visas have a maximum term determined by the Migration Law, which begins to run from the date of issue. The term of the temporary visa is from 90 days to 1 year. If the temporary visa is linked to any work, the established term must be checked in the employment contract.

The family reunion visa depends on regulation but may be transformed for an indefinite period if the foreigner meets the mandatory requirements.

The requirements to transform into an indefinite term, in the case of a family reunion, are:

reside in the country for at least four years;
prove means of livelihood;
and submit a negative certificate of criminal record.

Visa deadlines for foreigners in Brazil: Permanent

Permanent visas are granted to those who intend to settle permanently in Brazil. Therefore, this visa will directly impact the social security issue, since contributions, for those who remain active, must be made to the Brazilian social security system. However, those who are already retired need to check the benefits export issues, taxation rules, bank where to receive, etc. The purpose of this visa is to contribute to the creation of specialized labor in the Brazilian territory. Examples of categories that fall under this visa are:

Executive;
Investors;
Retirees;
Researchers;
Refugees;
Married or related to a Brazilian.

To get a visa to stay permanently in Brazil, you must face bureaucratic processes.

This is because several requirements must be met. For example, investors must prove investment in productive activities in the country of at least R$ 500,000.00 or employ 10 Brazilian employees. A retiree must prove that he can monthly transfer UD$ 2,000.00 from abroad to Brazil. And the spouse will have to prove the bond as a marriage certificate and witnesses.

General information about the Brazilian visa

The Migration Law of 2017 defines a migratory year as the period of twelve months from the date of the foreigner’s first entry into national territory. And the visas have their deadlines determined according to this definition.

The period for the start of counting the visa begins when the foreigner arrives in Brazil and stops counting when he/she leaves the national territory.

It’s important to note that there is a daily fine of R$ 100.00 if the foreigner stays in Brazil after the legal period of stay has expired. The extension of the visa is not automatic, therefore, the foreigner must appear in person at a Federal Police unit to request a longer period before the end of the period granted when entering the country, along with the necessary documentation to start the process. In this case, the requested documentation is:

Valid travel document;
Entry and exit card received and completed upon arrival in the country;
Proof of fee collection;
Application form and deadline renewal made available by the Federal Police;
Other documents and evidence that the immigration agent deems necessary (proof of accommodation, return ticket, proof of means of subsistence within the period you intend to stay in the country, etc.)
Completed form.

Mercosur Citizens

People with a nationality from signatory States of the Mercosur Residence Agreement, such as Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay, can obtain temporary residence in Brazil. This is done by requesting a Mercosur Temporary Residence Visa, or even without the need for a visa, directly at the Ministry of Justice.

With the requirements met after 2 years, the temporary residence may be transformed into a residence for an indefinite period, this procedure must be carried out with the Federal Police. Furthermore, the best way to avoid mistakes is to find out about the visa you are interested in – as each one has its own rules and characteristics.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreign Investment Guide for startups

Eduardo Koetz — Fri, 15 Sep 2023 21:06:52 +0000

Foreign investment has played a crucial role in the development and growth of startups worldwide. With the increasing globalization of markets and access to a wide range of international investors, preparing a company to attract investments and raise funds has become a crucial step for ambitious entrepreneurs.

In this guide, we will explore the necessary steps to make your startup attractive to foreign investors and discuss the various forms of investment, from angel investments to venture capital, as well as different modes of entry for these investments, such as a loan or equity investment.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Growth of a startup

In the competitive business world, attracting investments is essential to fuel the growth of a startup. However, before seeking foreign investors, it’s essential that the company is properly prepared to receive such investments. This matter involves a series of steps aimed at increasing the attractiveness of the startup in the eyes of investors. In this guide, we will explore these steps, from creating a solid and scalable business plan to building a talented and strategic team, while also addressing the importance of a sustainable business model and an effective marketing strategy.

Once your startup is ready to receive foreign investments, it’s necessary to understand the different options available and how these investments can be secured. The guide will cover key sources of investment, such as angel investors and venture capital firms, providing valuable insights on how to approach these investors and how to present your business convincingly. Additionally, we will explore different ways through which investment can occur, such as loan or equity investment, highlighting the advantages and disadvantages of each approach. Through this guide, you will be prepared to maximize your chances of success when seeking foreign investments for your startup.

Adapting Your Startup to the International Market

The first step to effectively raise investments is the internal organization of the company, where it should be solidified with defined objectives, know-how, product, target customers, and procedures. The idea is to bring credibility to the investor who will bring venture capital with the goal of generating profits through the company’s appreciation. In this guide, we will divide the adaptation into three topics: first, we will address the creation of an appropriate business plan; then, we will discuss how to form a reliable and suitable team. Finally, we will demonstrate the importance of a good marketing strategy focused on acquiring these investments.

Creating a Solid and Scalable Business Plan

One of the crucial initial steps to prepare a startup for foreign investments is creating a solid and scalable business plan. This strategic document will serve as a guide for the company, providing a clear and compelling vision for potential investors. When developing a business plan, it’s essential to define the startup’s value proposition, identify its target market, and analyze the competition. Additionally, it’s necessary to develop a sustainable business model with a clear strategy to generate revenue and achieve profitability.

When creating your business plan, it’s crucial to include a detailed market analysis and a realistic growth strategy. This involves identifying growth opportunities, understanding market trends, and defining the startup’s short and long-term objectives. Furthermore, it’s important to develop a comprehensive marketing plan that enables effective customer acquisition and retention. By presenting a solid and scalable business plan to investors, the startup demonstrates its ability to generate consistent results and attract positive returns on investment.

Building a Talented and Strategic Team

In addition to a well-structured business plan, building a talented and strategic team is essential to attract foreign investments to a startup. Investors are interested not only in the idea or product but also in the team behind the venture. It’s crucial to assemble a diverse team composed of experienced, passionate, and skilled professionals in key areas of the business.

When forming the team, it’s important to identify complementary talents who possess the necessary skills and knowledge to drive the startup’s growth. This includes professionals specialized in areas such as technology, marketing, finance, and operations. Additionally, it’s crucial to ensure that the team is aligned with the startup’s vision and values, sharing the passion for the project and demonstrating commitment to achieving the established goals.

In addition to technical expertise, it’s valuable to have strategic professionals capable of making informed decisions and creating efficient action plans. These strategic leaders will play a crucial role in managing the startup, guiding it toward success, and instilling confidence in investors. To achieve this, there are various management strategies that allow for the best selection and internal fit of the chosen professionals. An example of such strategies is the Skill Matrix, developed by ADVBOX, which can be freely absorbed through their guide on YouTube (available in Brazilian Portuguese).

By building a talented and strategic team, the startup demonstrates its execution capabilities and increases its attractiveness to potential foreign investors who value human capital as a determining factor for the success of ventures.

Developing an Effective Marketing Strategy

An effective marketing strategy is an essential component in preparing a startup to receive foreign investments. When attracting investors, it’s crucial to demonstrate how the company plans to acquire and retain customers, as well as showcase its growth potential in the target market. The marketing strategy should be aligned with the business plan, identifying the ideal communication channels, target audience segments, and the startup’s unique value proposition.

To develop an effective marketing strategy, it’s necessary to conduct a detailed market analysis and understand the needs and preferences of customers. This will enable the startup to develop persuasive and relevant messages, highlighting the benefits of its products or services. Additionally, it’s important to utilize a variety of marketing channels, such as social media, content marketing, and targeted advertising, to efficiently reach customers and build a strong brand presence.

A well-executed marketing strategy also contributes to increasing the visibility and reputation of the startup in the market, making it more attractive to potential investors. Foreign investors value companies that have a clear and effective marketing strategy, as it indicates an understanding of the market and potential for sustainable growth. Therefore, by developing an effective marketing strategy and integrating it into the business plan, the startup will be prepared to capture the interest and investment of foreign investors in search of promising opportunities.

Key Sources of Foreign Investment

In this topic, two of the main sources of foreign investment will be addressed: angel investors and companies with venture capital. The idea is to convey the nuances presented in these two distinct investment formats and how startups can present themselves in a solid and convincing manner to achieve successful investment acquisition.

Angel Investors

Angel investors are individuals or groups of investors who provide initial capital to startups in exchange for equity ownership. These investors often have entrepreneurial experience and are willing to take risks by supporting promising projects. They typically invest in the early stages of a startup when the business is still in its development or launching phase. In addition to providing funding, angel investors also offer strategic guidance and networking, sharing their expertise and contacts to assist in the growth and success of the startup. These investors play a crucial role in the entrepreneurial ecosystem, driving innovation and helping turn ideas into successful businesses.

When approaching these potential investors, it’s crucial to provide valuable insights about the business and demonstrate the potential return on investment.

This involves highlighting the innovation and uniqueness of the product or service offered, as well as the target market and its scalability. Additionally, it’s essential to present a clear and convincing vision of the startup’s growth plan, including realistic financial projections and strategies to capture a significant market share.

During the presentation to angel investors, it’s important to convey genuine passion and a deep understanding of the industry in which the startup operates. Angel investors are looking for enthusiastic and committed entrepreneurs who can overcome challenges and make strategic decisions. It’s essential to communicate the startup’s competitive differentiators clearly, showcasing how it addresses existing market demand and stands out from competitors.

Furthermore, it’s valuable to provide concrete data such as performance metrics, market testing results, and customer feedback to validate the value proposition and demonstrate that the startup is achieving significant milestones. By balancing a solid presentation with a compelling and passionate narrative, entrepreneurs will be better prepared to attract the interest and investment of angel investors seeking promising opportunities and talented entrepreneurs to support.

Venture Capital Companies

Venture capital companies are organizations specialized in investing capital in startups and early-stage companies with high potential for financial returns. Unlike angel investors, venture capital companies are composed of professionals dedicated to identifying investment opportunities and managing investment funds.

These companies typically have a wide network of contacts, substantial financial resources, and strategic expertise to support the growth of the companies they invest in. In addition to funding, venture capital companies provide additional support such as strategic guidance, access to mentors, management expertise, and assistance in seeking other investors. With a focus on significant investment returns, venture capital companies play a crucial role in catalyzing the growth and expansion of innovative startups.

When it comes to attracting investment from venture capital companies, it’s essential to provide valuable insights about the business and convince investors of the growth potential and return on investment. When presenting the business, it’s important to highlight the innovation and uniqueness of the solution offered, demonstrating how it solves an existing problem in the market. Additionally, it’s crucial to provide a detailed analysis of the target market, including size, trends, and growth potential.

To capture the interest of venture capital companies, it’s necessary to also provide a clear and convincing vision of the startup’s strategic plan.

This involves articulating a solid strategy to acquire and retain customers, detailing distribution channels, marketing strategies, and scalable growth plans. It’s equally important to provide realistic financial projections, including cost analysis, revenues, and cash flow, to demonstrate the financial viability of the business.

Furthermore, it’s advisable to present a talented and experienced management team (as previously addressed), with a proven track record and complementary skills. Venture capital companies seek to invest not only in ideas but also in entrepreneurs capable of effectively executing those ideas. By aligning a compelling presentation with a solid growth strategy and a talented management team, startups will be better prepared to attract investments from venture capital companies and obtain the necessary financial and strategic support to reach the next level of growth.

Main Formats of Foreign Investment

We will now discuss the main formats for foreign capital entering startups, where investors seek their return in different ways depending on the agreement established between both parties. The idea is to provide an overview to entrepreneurs seeking investment on how these types of negotiations typically materialize. We will analyze investment in the form of a loan, or direct investment, and, upon understanding both formats, we will delve into convertible loans, which hold greater importance.

Loan Format Investment

Foreign investment in startups in the form of a loan is a common modality that offers benefits for both investors and startups. In this type of investment, the investor provides capital to the startup in the form of a loan, establishing a specific loan agreement with terms and conditions. One of the main advantages of this format is that it allows the startup to receive the necessary capital without diluting the equity ownership of the founders or existing shareholders.

It’s crucial to emphasize that investment in the form of a loan is an alternative to equity investment, offering flexibility and mitigating some risks for both parties. For startups, it’s a way to obtain the necessary capital to finance their growth without relinquishing a portion of their equity ownership. For investors, it’s a means of earning a return on investment through agreed-upon interest. However, it’s important to consider potential disadvantages, such as the need for repayment and the associated financial charges.

Equity Investment

Foreign investment in startups in the form of equity investment presents a valuable opportunity for companies seeking financial resources and global expansion. This model allows foreign investors to acquire a direct equity stake in the startup, providing capital to drive growth and sharing their expertise and network of contacts. For startups, this modality offers access to international resources, market knowledge, and opportunities for expansion into foreign markets.

In the current context, it’s essential to consider the practical aspects of direct investment. This includes the importance of establishing a strong and trustworthy relationship with the foreign investor and aligning expectations, objectives, and growth strategies. It’s also crucial to conduct thorough due diligence on the company and the foreign investor, ensuring alignment in terms of values, vision, and long-term goals.

It’s worth noting that direct investment in startups offers significant advantages, such as access to substantial financial resources, global expertise, access to new markets, and the potential for strategic collaborations. However, one must consider possible disadvantages, such as dilution of equity ownership and the need to align interests and strategies with foreign investors. With the proper approach, startups are capable of making the most of equity investment opportunities, driving sustainable growth and global expansion.

Convertible Loan into Equity Participation

As the most prevalent format of investment in practice, the convertible loan into equity participation is a specific form of foreign investment that combines characteristics of both loan investment and equity investment. In this format, the foreign investor provides a loan to the startup, which can be converted into equity participation under certain agreed-upon conditions. This modality offers flexibility for both the investor and the startup, allowing the company to obtain short-term capital while retaining the option to convert the debt into equity ownership in the future.

Within the context of convertible loans, it’s crucial to explore the specific nuances applied to them. Issues such as conversion terms and conditions, including the timing and conversion rate, as well as investor protections and rights, must be analyzed. Additionally, establishing a fair valuation for the startup is necessary, considering both present and potential future value, given possible moments of conversion into equity participation.

This investment modality offers benefits for both parties involved. For the startup, it enables the acquisition of necessary capital for growth without diluting the equity ownership of founders or existing shareholders in the early stages. For the investor, it provides an opportunity to obtain an equity stake in a promising company with potential for appreciation. However, it’s important to consider the long-term risks and advantages for both parties involved.

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Forms of legalization of foreign documents

Eduardo Koetz — Wed, 13 Sep 2023 17:38:13 +0000

The legalization process of foreign documents is of great importance for processes carried out in Brazil. Therefore, in the vast majority of cases, foreigners must present legalized documents for them to be valid in Brazilian territory.

In this text, we seek to clarify the most common doubts about the ways to legalize a foreign document.

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Velozo de Mello Marchiori

What is document legalization of foreign documents?

Before demonstrating the forms of legalization, it’s necessary to understand what this process means. To legalize a document is to make the document issued abroad able to produce effects in Brazil.

In general terms, the legalization of a document is a recognition of authenticity carried out by the competent authorities of the place of issue.

The legalization of a document of foreign origin must be done in its country of origin. Therefore, in Brazil, only national documents are legalized.

There are two main ways to legalize a foreign document. The first way is through legalization at the Brazilian consulate abroad. The second is through the so-called “Hague Apostille”.

How is the legalization done by the Brazilian consulate?

The legalization process is carried out in the Consular Offices of Brazil abroad. Thus, legalization is carried out, upon payment of consular fees. These fees are nothing more than fees that the Brazilian consulate charges to perform the service.

The process takes place at the Brazilian Embassy or Consulate, whose jurisdiction corresponds to the country of origin of the documents. However, most of the time, you will need to make an appointment.

You can access the contact details of all consular representations in Brazil by clicking here.

However, not all Brazilian consulates offer the legalization service. In signatory countries of The Hague Convention, for example, the Brazilian consulate may give itself the right not to carry out the legalization.

This is because applying The Hague Apostille in these situations is simpler.

What is The Hague Apostille?

The Hague Convention was a treaty signed in 1961 by different countries, to facilitate the recognition of foreign documents. However, the treaty has been in force in Brazil since 2016.

The Hague Apostille is defined as a certificate that authenticates the origin of a public document. Generally, the Apostille is attached to the back of the document that has been certified.

The Hague Apostille is performed and accepted only in countries that have signed The Hague Convention.

What to do after a document is legalized?

Legalizing the document does not mean it will automatically be valid in Brazil. For documents that are not in Portuguese, it will be necessary to carry out a sworn translation into our language.

This translation must be done by a sworn translator here in Brazil. If you want to know more details about sworn translation and other types of translation, visit our article dedicated to the subject.

In which cases will the document not need legalization?

There are situations in which the document does not need to be legalized to produce effects in Brazil. These situations are foreseen in agreements that Brazil makes with other countries, to facilitate the processes of recognition of foreign documents.

For migration issues, there is the Brazil/Uruguay Agreement on Permanent Residence to achieve free movement of people. Thus, this agreement waives both the legalization of Uruguayan documents and the sworn translation for them to be valid in Brazil.

Another important treaty is Brazil and France’s cooperation agreement in civil matters. This agreement waives the legalization of documents originating in France for them to be valid in Brazil.

Legalization is also waived when granting a residence permit to national immigrants from a border country that does not belong to Mercosur. That is, countries that border Brazil, but that are not part of Mercosur. This is the case for example in Venezuela.

In these situations, the immigrant must be inside Brazil to waive the legalization and translation of his birth and marriage certificate.

Finally, the legalization of the immigrant’s birth and marriage certificate will also be waived if for humanitarian reception. This forecast is specific to Haitian nationals and stateless persons affected by a major calamity or environmental disaster situation in the Republic of Haiti.

Which countries are signatories to The Hague Convention?

As we have analyzed, the Apostille is defined as a certificate issued under the terms of The Hague Convention, which authenticates the origin of a public document. This authentication can only be done if the document’s country of origin is a signatory to the Convention.

If you need legal assistance from our team, please message us on WhatsApp.

Below is the complete list of all signatory countries to the Convention that carry out The Hague Apostille:

South Africa;
Albania;
Germany;
Andorra;
Antigua and Barbuda;
Saudi Arabia;
Argentina;
Armenia;
Australia;
Austria;
Azerbaijan;
Bahamas;
Bahrain;
Barbados;
Belgium;
Belize;
Belarus;
Bolivia;
Bosnia and Herzegovina;
Botswana;
Brazil;
Brunei Darussalam;
Bulgaria;
Burundi;
Cape Green;
Kazakhstan;
Chile;
China (Hong Kong);
China (Macao);
Cyprus;
Colombia;
Cook, Islands;
Korea;
Costa Rica;
Croatia;
Denmark;
Dominica;
El Salvador;
Ecuador;
Slovakia;
Slovenia;
Spain;
USA;
Estonia;
Russian Federation;
Fiji;
Philippines;
Finland;
France;
Georgia;
Grenade;
Greece;
Guatemala;
Guyana;
Honduras;
Hungary;
India;
Indonesia;
Ireland;
Iceland;
Israel;
Italy;
Japan;
Jamaica;
Kosovo;
Lesotho;
Latvia;
Liberia;
Liechtenstein;
Lithuania;
Luxembourg;
North Macedonia;
Malawi Malta;
Morocco;
Marshall, Islands;
Mauritius;
Mexico;
Monaco;
Mongolia;
Montenegro;
Namibia;
Nicaragua;
Niue;
Norway;
New Zealand;
Oman;
Netherlands;
Palau;
Panama;
Pakistan;
Paraguay;
Peru;
Poland;
Portugal;
Kyrgyzstan;
United Kingdom of Great Britain and Northern Ireland;
Czech Republic;
Republic of Moldova;
Dominican Republic;
Romania;
Samoa;
San Marino;
Saint Lucia;
Saint Kitts and Nevis;
São Tomé and Príncipe;
Saint Vincent and the Grenadines;
Senegal;
Serbia;
Singapore;
Seychelles;
Swaziland;
Sweden;
Switzerland;
Suriname;
Tajikistan;
Tonga;
Trinidad and Tobago;
Tunisia;
Türkiye;
Ukraine;
Uruguay;
Uzbekistan;
Vanuatu;
Venezuela.

If you need legal assistance from our team, please message us on WhatsApp.

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Places to live in Brazil: tips for foreigners to choose!

Eduardo Koetz — Tue, 12 Sep 2023 10:30:14 +0000

Many people are interested in living in Brazil, and there are several reasons for this, such as the tropical climate, natural beauty, diverse culture, job opportunities, relatively low cost of living, and the hospitality of Brazilians. However, knowing the options for places to live in Brazil is essential.

In this way, choosing the best place to live may depend on personal preferences and lifestyle. Check now the main characteristics of Brazil and tips to choose the best place for you!

If you need legal assistance from our team, please message us on WhatsApp.

Why live in Brazil?

There are many reasons why someone might choose to live in Brazil. So, below are some of them:

Climate: Brazil is known for its tropical climate, with sunshine and pleasant temperatures throughout the year, especially in regions such as the Northeast and Southeast;
Natural beauty: Brazil is a very diverse country in terms of natural beauty, with beaches, mountains, tropical forests, and waterfalls. This means there are many places to explore and adventure;
Rich culture: Brazil is a country with a rich and diverse culture, with indigenous, African, Asian, and European influences. Furthermore, the music, dancing, food, and celebrations are vibrant and captivating;
Job Opportunities: Brazil has one of the largest economies in the world and there are many job opportunities in different sectors;
Cost of living: The cost of living in Brazil can be relatively low compared to other countries, especially in areas outside major cities;
Hospitality and friendliness: Brazilians are known for their hospitality and friendliness, which can make it easier for foreigners to adjust to life in the country.

What are the best places to live in Brazil?

In principle, choosing the best place to live in Brazil depends on your personal preferences, goals, and lifestyle. However, there are some cities that are quite popular among foreigners:

Florianópolis: The capital of Santa Catarina is known for its beautiful beaches, pleasant climate, high quality of life, as well as developed infrastructure and diverse businesses and jobs in the innovation and information technology sector;
Manaus: City located in the heart of the Amazon Rainforest, in the state of Amazonas, Brazil. It is the largest city in the northern region of Brazil and the seventh largest city in the country, it has a strong history, traditional and innovative events, a university, and more;
Rio de Janeiro: Rio is famous for its stunning landscapes, exciting nightlife, vibrant culture, and relaxed lifestyle;
São Paulo: The largest city in Brazil is an important economic and cultural center, with many job opportunities, restaurants, and lively nightlife;
Recife: The capital of Pernambuco is a historic city with beautiful beaches, rich culture, and lively nightlife, in addition to being a cultural center and activities in the area of technology.

Other options

Curitiba: The capital of Paraná is a city with a high quality of life, efficient public transport, ecological parks, and, for example, many cultural options;
Gramado: Known for its cold climate, European architecture, winter festivals, and exuberant nature, it’s located in Serra Gaúcha, in Rio Grande do Sul;
Bonito: A city in the state of Mato Grosso do Sul, Bonito is a popular tourist destination thanks to its crystal clear waters, caves, and canyons;
Campos do Jordão: The mountain town located in the state of São Paulo is known for its cold climate, European architecture, sophisticated restaurants, and cultural events;
Tiradentes: A historic city in the state of Minas Gerais, known for its colonial architecture, Minas Gerais cuisine, and cultural events;
Petrópolis: Located in the state of Rio de Janeiro, Petrópolis is a mountain town with a mild climate, imperial architecture, as well as museums and natural parks.

In summary, other cities that can also be considered are Belo Horizonte, Brasília, Porto Alegre, and Salvador, among others. However, you should research and visit the cities before making a decision about where to live in Brazil.

How to evaluate places to live in Brazil?

Evaluating places to live in Brazil involves many personal and subjective factors. However, here are some factors that can be helpful in evaluating options:

Personal goals: what do you hope to achieve by moving to a new city or region? This can include personal, professional, or financial goals;
Lifestyle: What is your ideal lifestyle? Do you prefer a busy city or a quieter area? Would you rather have access to outdoor activities, culture, entertainment, nightlife, or a combination of these things?;
Infrastructure: what are the basic needs you have in a city, such as public transport, schools, hospitals, supermarkets, restaurants, among others? Check whether the available options meet your needs;
Security: Security is a major concern anywhere, so it’s important to assess the crime rate of the city or region you’re considering living in;
Costs: Check the costs of housing, transportation, food, and other common expenses in the city where you are considering living. So, compare with other options to get an idea of how much you might need to live there.
Climate: consider the climate of the city or region you are considering living in. The weather can influence your quality of life and the activities you can do.

And what else does Brazil offer?

So by evaluating the factors listed above, you can get a better idea of which city or region might be right for you.

In addition, Brazil has a good infrastructure, with cities that offer a wide range of services and facilities, such as hospitals, schools, public transport, and commerce.

There are also options for those looking to live in more rural areas, with a quieter life and close to nature.

Places to live in Brazil for those who want to live experiences with nature

In summary, Brazil is a country with many options for those who want to live experiences with nature. Here are some options for places to live:

Florianópolis: the capital of Santa Catarina is an island with beautiful beaches, trails, waterfalls and areas of environmental preservation, such as Ilha do Campeche and Lagoa do Peri;
Bonito: located in Mato Grosso do Sul, Bonito is a city known for its crystalline waters, caves, canyons, and trails. As such, it is a popular destination for ecotourism;
Alto Paraíso de Goiás: a city close to Chapada dos Veadeiros: Located in the state of Goiás, Chapada dos Veadeiros is an environmental preservation area with waterfalls, trails, rock formations, and wildlife;
São Félix do Tocantins: it’s about 30 km from the Jalapão State Park and is one of the cities that offer accommodation to visitors;
Santarém: this is a city located in the state of Pará, in the north of Brazil. It is the third largest city in the state in terms of population, with over 300,000 inhabitants. It is located on the banks of the Tapajós River, one of the main tributaries of the Amazon River;
Angra dos Reis: is a city located in the state of Rio de Janeiro, Brazil. Thus, Angra dos Reis is known for its beautiful beaches, islands, and lagoons, and is located in the Costa Verde region.

These are just a few options for places to live in Brazil for those who want to live experiences with nature. There are many other places to explore and discover across the country, each with its own unique characteristics.

Places to live in Brazil for those who want to live in urban experiences

Brazil has several options for big cities for those who want to live urban experiences. Here are some of the biggest cities in the country and their main features:

São Paulo: the largest city in the country, São Paulo is a financial and cultural center with many museums, theaters, restaurants, bars, and lively nightlife. Not only is it a cosmopolitan city with a mix of cultures and neighborhoods with distinct characteristics;
Rio de Janeiro: Known for its iconic beaches, carnival, and nightlife, Rio de Janeiro is a vibrant city full of energy. It has cultural centers with many entertainment options, museums, and art galleries;
Belo Horizonte: the capital of Minas Gerais is a modern and dynamic city, with a vibrant cultural scene, lively restaurants and bars, and an active nightlife. It’s also a starting point for exploring the region’s nature, such as the nearby mountains and waterfalls;
Brasília: the capital of Brazil is a planned city with many modern buildings and iconic monuments, such as the National Congress and the Cathedral of Brasília. It’s a political and administrative center with many options for entertainment and cultural events;
Salvador: the capital of Bahia is a historic city with many colonial buildings, beaches, and a vibrant Afro-Brazilian culture. Therefore, it is a lively city with many options for live music, local cuisine, and carnival.

These are just some of the biggest cities in Brazil with different characteristics for those who want to live urban experiences. Each offers a unique blend of culture, history, cuisine, and entertainment options to explore.

Places to live in Brazil for those who want to work in the technology and innovation sector

Brazil has several technology centers spread across the country, with opportunities for those who want to work in the technology and innovation sector. Here are some of the main technological centers in the country:

São Paulo: the state of São Paulo is one of the main technology centers in Brazil, concentrating companies such as Google, Facebook, and Microsoft;
Belo Horizonte: the capital of Minas Gerais is an important technological hub, with emphasis on the Administrative City, which is home to several technology companies and startups. Likewise, the city has a strong presence of telecommunications and software companies;
Porto Digital: located in Recife, Porto Digital is one of the main technology centers in Brazil, concentrating on several technology companies, startups, and incubators. Furthermore, sectors such as information technology, gaming, and the creative economy have a significant presence in the region;
Florianópolis: the capital of Santa Catarina is known for being an important technology hub in southern Brazil, with emphasis on the Informatics Center of the Federal University of Santa Catarina, Sapiens Parque, and Impact Hub, technology parks/hubs that house several companies and startups;
Brasilia: in addition to being the capital of the country, Brasília is also an important technological hub, with emphasis on the Brasília Technological Park and the presence of technology companies such as Huawei and Embratel.

How to live in Brazil as a foreigner?

To live in Brazil as a foreigner, you must obtain a residence permit or temporary visa. Thus, people can apply for different types of visas based on specific justifications, such as:

Work: granted to anyone who was hired by a Brazilian company or has their own business in the country;
Investor: granted to anyone who wants to invest in a company or project in Brazil;
Student: granted to those who wish to study at an educational institution in Brazil;
Retired or pensioner: granted to those who receive a retirement or pension income and wish to reside in Brazil;
Digital Nomad: for those who have a contract with a foreign company, but can work remotely.

How to live in Brazil permanently?

First, according to the new law, residence permits can be granted to immigrants who wish to live in Brazil based on several categories, including work, investment, family reunion, study, and refuge.

Second, you can apply for a residence permit as soon as you arrive in Brazil. However, it will initially be temporary, with a term of up to two years, in general.

Third, you can renew for a little longer in some cases, or ask for permanent authorization in others.

Fourthly, after you live in Brazil for 4 years (or 1 year, in some exceptions) with the permanent residence permit, you can apply for Brazilian naturalization. However, for this, you also need to meet other requirements, such as knowledge of the Portuguese language and the absence of a criminal record.

Therefore, naturalization will allow you to have the same rights and duties as a Brazilian citizen, including the right to vote and be elected to most public offices, in addition to not having to renew your residency.

Steps for your planning to live in Brazil

Foreigners should be aware that Brazil has its cultural, social, and economic particularities that may be different from what they are used to if they wish to move to the country.

Therefore, having a well-designed plan of action, which includes obtaining the appropriate visa, choosing the city or region where you want to live and work, having knowledge of the Portuguese language and Brazilian culture, in addition to adapting to the lifestyle and climate locally.

Another important point is to do thorough research on the available housing options, which should be in accordance with the individual’s needs and expectations, including location, cost, safety, and quality of life.

In addition, being prepared to deal with bureaucracies and challenges that may arise in the process of change, such as adapting to the new culture, looking for a job, and obtaining public services. Or rely on a trusted legal advisor to assist you in this process.

Finally, you should know that Brazil is a country of great diversity and cultural richness, with many opportunities in different areas, such as business, technology, tourism, art, and culture. In other words, with good planning and preparation, you can have an enriching and successful experience of living in Brazil.

See some key points:

Research the visa options suitable for your profile, as well as the purpose of moving;
Check the weather conditions, cost of living, job offer, and quality of life in the cities or regions you are interested in living;
Do detailed research on housing options, including price, location, security, and services offered;
Prepare the necessary documentation to apply for the visa, including passport, criminal record certificate, proof of income, and other required documents;
Hire a migration lawyer or specialist consultant for guidance and assistance throughout the process;
Arriving in Brazil with a contingency plan and an adequate budget to deal with possible unforeseen events and extra expenses;
Know the Brazilian culture, customs, and laws to better adapt to the new country and avoid legal or social problems;
Search for information about educational institutions, health, and public services available in the chosen city or region;
Stay up-to-date on news and changes in the political and economic scenario in Brazil to adapt to changes and make more informed decisions.

If you need legal assistance from our team, please message us on WhatsApp.

The post Places to live in Brazil: tips for foreigners to choose! appeared first on Koetz International and Succession.

Extraditing foreigners to Arab countries is rare in Brazil

Eduardo Koetz — Fri, 08 Sep 2023 21:15:33 +0000

Foreigners who commit crimes in Arab countries and move to Brazil will not always be extradited. Check out this article to find out everything you need to know about why extraditing foreigners to Arab countries is rare in Brazil.

Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Author: Mariana Cruz de Lemos

How does extradition work?

Extradition is an act of cooperation between countries that involves the surrender of a person from one country to another.

The foreigner handed over can be in either a regular or irregular situation, meaning they can be in Brazil either with a visa/residence permit or illegally. The extradition rules will be applied regardless of how the foreigner entered Brazilian territory.

The extradition can occur in two situations:

For the purpose of providing evidence in an investigation or criminal proceedings that the requested person is involved in.
For the purpose of fulfilling a sentence already imposed on the convicted person.

Both types of extradition can be requested via diplomatic channels, or in the absence of a diplomatic agent of the requesting country, directly between governments. The request must be accompanied by pretrial detention or a final conviction of imprisonment.

The extradition request will be presented to the Supreme Federal Court, which will analyze the properties of the case and decide whether it meets the requirements stipulated by relevant legislation.

There is no stipulated time period for the duration of the extradition process; it varies according to the characteristics of each case.

Who can and cannot be extradited from Brazil?

The Federal Constitution stipulates in Article 5 that: “No Brazilian shall be extradited, except the naturalized ones in the case of a common crime committed before naturalization, or in the case there is sufficient evidence of participation in the illicit traffic of narcotics and related drugs, under the terms of the law.”

This means that a born Brazilian will never be extradited, regardless of the crime committed in another country.

A naturalized Brazilian may be extradited in two situations: when he or she committed a common crime before becoming a Brazilian citizen or when he or she was involved in illicit drug trafficking.

For foreigners in Brazil, their cases must be analyzed individually, taking into account the laws of their country of origin and Brazilian legislation.

Is it possible to extradite a foreigner with a Brazilian child? What about someone married to a Brazilian citizen?

Yes, according to STF (Brazilian Supreme Court) ruling 421, even if a foreigner is married to a Brazilian or is a parent of a Brazilian child, they can still be extradited.

What law governs the extradition process in Brazil?

Every extradition process must comply with the provisions of the Migration Law, Law No. 13,445, of May 24, 2017, and observe what was agreed between Brazil and the requesting country when there is a treaty between the two.

Brazil has already signed extradition agreements with several countries, which means that specific rules must be followed according to the country that is making the extradition request.

To consult all the extradition agreements already made by Brazil, click here.

Currently, Brazil does not have an extradition agreement with any Arab country

If the requesting state does not have an extradition treaty with Brazil, the provisions of Decree-Law No. 394 of April 28, 1938, which regulates extradition in the country, must be adopted, provided that there is a promise of reciprocity between the countries.

Thus, even if the country requesting extradition does not have a treaty with Brazil, extradition may be granted if the request meets the criteria established in Brazilian law.

In what cases can a foreigner not be extradited?

Decree-Law No. 394 provides for cases in which extradition will not be granted. They are:

I – When it is not an offense under Brazilian law or the law of the requesting
State.
II – When Brazil is competent, according to its laws, to judge the offense.
III – Brazilian law imposes a prison sentence of less than one year for the offense, including attempted, co-authorship, and complicity.
IV – When the extraditee is being prosecuted or has already been convicted or acquitted in Brazil for the same offense that determined the request.
V – When the offense has been prescribed, according to the law of the requesting State or Brazilian law.
VI – When the extraditee has to answer, in the requesting country, before a special court or tribunal.
VII – When the offense is: a) purely military; b) against religion; c) a political or opinion crime.

This means that Brazil does not extradite a foreigner when the crime for which he or she is being accused is not a crime in Brazil or his or her sentence would be less than one year.

Similarly, the country does not extradite a foreigner when Brazil has the ability to prosecute them or has already tried, convicted, or acquitted them; when the crime is time-barred; when the foreigner must appear before a special court or tribunal; and when the crime is purely military, religious, political, or a crime of opinion.

For which crimes in Arab countries would a foreigner not be extradited from Brazil?

There are several crimes listed in the legislation of Arab countries that would not be grounds for extradition if a foreigner came to live in Brazil.

This is because they are crimes in some Arab countries but not in Brazil; they are crimes of lesser offense according to Brazilian law or; they are purely military, political, opinion-related, or against religion.

They are:

Fornication (sex between unmarried people);
Adultery (sex between a married person and someone who is not their spouse);
Sodomy (anal sex);
Homosexuality (relations between people of the same sex);
Sexual misconduct (sexual behaviors considered unwelcome);
Incestuous relationships;
Prostitution;
Conspiracy to overthrow the Islamic regime;
Political dissent (dissatisfaction with or opposition to the policies of a governing body);
Sabotage (a deliberate action aimed at weakening a polity);
Rebellion (refusal of obedience or order);
Apostasy (renunciation of religion or belief);
Blasphemy (insulting the values of Islam and its prophets));
Speculation (betting on games);
Alcohol consumption;
Producing or preparing foods, beverages, cosmetics, or sanitary items that lead to death when consumed or used;
Production and publication of pornography;
Recurrent false allegations of capital sexual crimes that cause the execution of an innocent person;
Certain military offenses (such as cowardice or aiding the enemy);
“Waging war against God” (threatening someone with a weapon or “causing terror” in any way that creates public insecurity);
“Spreading corruption on Earth” (causing any crack in social order; causing physical harm to an individual’s or public or private property’s integrity; spreading corruption or prostitution on a large scale);
Espionage (obtaining privileged government information);
Treason (acts that undermine the sovereignty of the country).

Next, you will see that Brazil also does not extradite foreigners when they are convicted or could be sentenced to death, life imprisonment, or corporal punishment.

For the extradition of a foreigner for a crime that could be punished in such a way, the requesting country needs to promise not to apply such penalties.

In what cases is there a death penalty in Brazil?

The Brazilian constitution only authorizes the death penalty for military crimes committed during declared times of war.

In other words, any non-military crime committed during a war situation in Brazil cannot be punished with the death penalty. Therefore, there is no crime punished with the death penalty in Arab countries which is also considered a crime under Brazilian law.

Thus, no foreigner who is sentenced to death in any Arab country or who may be sentenced can be extradited from Brazil, regardless of their crime.

For Brazil to extradite a foreigner to an Arab country, the requesting State must ensure that the death penalty will not be applied to the extradited person.

In what cases is there a life sentence in Brazil?

There is no life imprisonment in Brazil.

In fact, Brazilian law establishes a maximum limit of 40 years for the imprisonment penalty, so it is illegal for anyone to be imprisoned for more than 40 years in the country.

Therefore, Brazil will not extradite a foreigner who is sentenced to life imprisonment in the requesting country, regardless of the crime committed.

In order for Brazil to extradite a foreigner to an Arab country, the requesting state must adjust the penalty respecting the limit of 40 years of imprisonment provided for in Brazilian legislation, or commit to not applying a penalty exceeding 40 years.

In the case of Arab countries that also apply corporal punishments, such punishments cannot be applied to the extradited foreigner. Either the country promises not to apply this type of penalty, or Brazil will not grant extradition.

In summary

In short, it can be said that the main reason why Brazil does not extradite many foreigners to Arab countries is because there is a big difference between the legislation. However, there are also other hypotheses.

Therefore, the main reasons why extraditing foreigners to rare countries is rare in Brazil are as follows:

The crime is political (committed with ideological purposes against the sovereignty of the State), military, related to Opinion or religion;
The act committed is not considered a crime in Brazil or is not punishable under Brazilian law (when the crime committed is not a crime in Brazil or when the offender at the time could not be punished by Brazilian law, such as minors under 18 years old);
The crime has already become time-barred. It is worth noting that Brazil has a shorter prescription period compared to many Arab countries, especially regarding crimes committed during extrajudicial, judicial, or bankruptcy proceedings.
The foreigner may or has already been sentenced to death or life imprisonment;
The penalty for the crime is less than one year under Brazilian law;
The foreigner may face human rights violations;
The foreigner can be tried in Brazil or has already been acquitted in the country.

If you need legal assistance from our team, please message us on WhatsApp.

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Chicken Export: What You, entrepreneur, need to know to expand your business beyond borders

Eduardo Koetz — Wed, 06 Sep 2023 20:09:05 +0000

One of the largest items exported by Brazil is the export of chicken. However, it’s important to understand the legal aspects and challenges involved in this process.

In this article, our law firm will guide you, in a clear and uncomplicated way, along the path of chicken export, providing you with the essential information you need to know to successfully and safely expand your business on an international level.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

Introduction to the international export market of chicken

The international chicken export market is a booming sector, full of opportunities for Brazilian producers.

The export of chicken has shown to be a promising alternative since Brazil is recognized worldwide for the quality of its poultry production.

However, before entering this market, it is essential to understand the Brazilian rules and regulations that govern the export of chicken.

These standards aim to ensure food safety, traceability, and quality of the exported product.

One of the main standards required is sanitary certification, which proves that chicken is free of disease and is safe for human consumption.

In Brazil, the Ministry of Agriculture, Livestock, and Supply (MAPA) is the body responsible for issuing this certification. In addition, meatpackers wishing to export must be registered with the Federal Inspection Service (SIF), which ensures that they follow good manufacturing practices.

Traceability

Another important standard is traceability. Producers must be able to track every step of the production process, from poultry rearing to the time of export.

This allows any problem or irregularity to be identified, ensuring the transparency and reliability of the product.

In addition to the Brazilian standards, it is essential to know the requirements of the destination countries. Each international market has specific regulations that must be met.

These requirements may involve sanitary issues, such as the absence of certain diseases, or requirements related to the production process.

To enter the international chicken export market, it is necessary to comply with all rules and regulations, both Brazilian and foreign.

This requires investments in infrastructure, training, and constant monitoring of production.

In summary, the export of chicken is a lucrative opportunity for Brazilian producers. However, it is essential to understand and follow the required and mandatory standards, both national and international.

In this way, we guarantee the quality of the exported product, food safety, and the sustainability of the poultry sector in Brazil.

Legal and regulatory aspects of chicken exports

The laws and regulations regarding the export of chicken in Brazil are important to ensure that the chicken that is shipped to other countries is safe and of good quality.

These rules were created to take care of our health and for Brazil to be recognized as a reliable place in food production.

A very important law talks about the inspection of animal products, such as chicken. It mandates that the places that produce these foods need to be inspected to make sure everything is right and safe.

Another important thing is the Decree that regulates this law and establishes the rules for the inspection of establishments that produce chicken.

Thus, they need to follow all standards to ensure the safety and quality of the product that is exported.

The Ministry of Agriculture is the body responsible for taking care of the export of chicken. They issue a certificate that proves that the chicken is in good condition to be shipped to other countries.

It is also important to follow good practices during the production, storage, transport, and sale of chicken. This is to ensure that the food is safe for consumption.

These laws and regulations exist to protect our health and for Brazil to be seen as a reliable place in chicken production. Thus, when we buy exported chicken, we can have confidence in its quality and safety.

Tax planning for chicken exports

Tax planning is a key strategy for companies that want to export chicken to Brazil.

This process involves the analysis and application of specific tax laws and regulations, aiming to optimize the tax burden and ensure competitiveness in the international market.

An important law to be considered is Law No. 9,430/1996, which establishes general rules for federal tax legislation. This law defines the principles and rules for tax planning.

At the federal level, one of the relevant measures is the possibility of using special customs regimes, such as the Special Customs Drawback Regime.

About taxes, it is important to mention Complementary Law No. 87/1996, known as the ICMS Law, which establishes rules for the collection of the Tax on the Circulation of Goods and Services (ICMS) in export operations.

According to this law, exports are exempt from ICMS, which contributes to reducing the tax burden on sales operations abroad.

In addition, it is necessary to consider the state legislation, since each state has its own legislation for the collection of ICMS.

It’s important to know the particularities of each state and the possible exemptions or tax benefits offered.

Another relevant aspect is the analysis of international treaties to avoid double taxation.

Brazil has bilateral agreements with several countries, which establish rules to avoid the taxation of the same profit both in the country of origin and in the country of destination.

These treaties can reduce the tax burden on chicken export operations.

International contracts and private international law

International contracts are agreements established between parties located in different countries, and their regulation in Brazil involves Private International Law.

In this context, some relevant laws and regulations must be considered in the drafting and execution of these contracts.

An important law is the Law of Introduction to the Rules of Brazilian Law (LINDB), also known as Decree-Law No. 4,657/1942.

This law establishes the general rules for the application of Private International Law in Brazil, including the resolution of conflicts of laws and the determination of competent jurisdiction.

Another important point is the United Nations Convention on Contracts for the International Sale of Goods (CISG), ratified by Brazil.

This Convention establishes uniform rules for the formation and execution of contracts for the international sale of goods, simplifying and harmonizing trade relations between the signatory countries.

In addition, it is relevant to consider legislation specific to certain sectors.

For example, in the case of contracts in the field of maritime transport, Law No. 9,611/1998, which regulates the operation of maritime transport, establishes rules applicable to contracts for the international carriage of cargo.

Another important aspect of international contracts is the choice of law and jurisdiction clause. The parties may stipulate which law will apply to the contract and which court will have jurisdiction in the event of disputes.

However, it is essential to verify the validity and effectiveness of these clauses according to the laws of the country in question.

It’s worth mentioning that the support of a law firm specializing in Private International Law is essential to ensure that international contracts comply with applicable laws and regulations.

Essential documentation for the export of Chicken

To export Brazilian chicken, it is necessary to have the correct documentation.

These documents are important to ensure that everything is by laws and regulations, as well as to ensure the security of transactions.

Here are the essential documents:

Export Registration (RE): This document is issued by the Federal Revenue Service and is mandatory for all exports. It contains information about the exporting company, the type of product, the country of destination, and other important information.
Export Invoice: It is a financial document that proves the departure of chicken from Brazil. It shows details about the product, such as quantity and value.
Sanitary and Phytosanitary Certificate: This certificate is issued by the Ministry of Agriculture and certifies that the chicken is free of diseases and safe for consumption. It is a guarantee that the product meets the requirements of the importing country.
Certificate of Origin: This document proves the origin of the chicken, that is, it shows that it is really from Brazil. Some countries may require this to grant tax benefits.
Bill of Lading: It is a document issued by the carrier that proves that the chicken is being transported safely to the final destination.

Remembering that each importing country may have specific requirements, it’s important to seek guidance from specialized professionals.

If you need legal assistance from our team, please message us on WhatsApp.

The post Chicken Export: What You, entrepreneur, need to know to expand your business beyond borders appeared first on Koetz International and Succession.

Brazilian work visa: what are the options and how to apply?

Eduardo Koetz — Tue, 05 Sep 2023 10:30:16 +0000

Foreigners can get a work visa in Brazil, but it’s necessary to follow some steps and present specific documents. In this text, we explain in detail the options for the Brazilian work visa and how to apply them.

If you need legal assistance from our team, please message us on WhatsApp.

Visa for foreigners to work in Brazil: a complex visa

A Brazilian work visa for foreigners to work in the country is possible, but it’s a complex visa to obtain. First, you need to apply for a work permit from the Ministry of Labor and already have a contract with a company that operates in Brazil. Thus, only after receiving a work permit, the visa may be requested.

Therefore, getting this visa is something that can be quite complex. After all, you already need to have a contract with a company that operates in Brazil, in addition to authorization from the Ministry of Labor.

Follow the necessary steps below and, at the end of the text, some interesting visa alternatives for those who want to work in Brazil.

The text continues after the image.

You must have a contract with a company that operates in Brazil

The Brazilian work visa or Visa based on the Employment Contract is requested when there is already a company in Brazil that intends to hire the foreigner for certain functions, creating an employment relationship. This is valid for the Brazilian work visa!

However, if you do not have a previous contract, there may be alternatives for your situation, such as the Digital Nomad visa or Investor visa.

How to get a Brazilian work visa?

To get a Brazilian work visa, you need to follow some steps using specific documents.

Text continues after infographic.

Alternative visas for foreigners who wish to work in Brazil

There are some visas that can allow you to work in Brazil but in other ways. That is, without a CLT employment contract with a Brazilian company and neither a Brazilian work visa.

Text continues after infographic.

How can a foreigner work in Brazil?

It’s possible for a foreigner to work in various functions in the country, without a Brazilian work visa. Foreigners may even not have an employment relationship with a Brazilian company, as in the case of researchers, digital nomads, investors, and voluntary activities, among others.

Other visas can also authorize work, such as a pensioner, retiree, or family reunion visa. Evaluate the possibility that best fits your reality.

However, as we have already said, to work with a “bond”, you need to be in contact with an interested company.

Text continues after infographic.

How to live and work legally in Brazil?

To legally live and work in Brazil, you need to get a contract with a company in the country or obtain an alternative visa, such as of researcher, Digital Nomad, investor, or even volunteer activity.

Types of work visas for foreigners in Brazil

The types of visas that allow foreigners to work are mostly temporary visas.

This is because, in reality, a visa cannot be permanent, after all, it’s just an authorization to enter the country. That is a justification that allows a foreigner to enter the country.

However, some visa options also grant residence permits, which can become permanent while also granting authorization to work.

With that in mind, a temporary work visa can be granted for cases of employment, for example, but these foreigners cannot assume a position in the management of companies. For management positions, there are specific visas.

Permanent Brazilian work visa

As we explained, there are no permanent visas. What may exist are residence permits or even naturalization, which allow stays in Brazil without defining an exit deadline.

The justification for these cases may be investment or work as a manager of commercial or civil society. In addition, other migration strategies can be put into practice according to your case, such as retirees and pensioners, among others.

If you want legal assistance from our specialized lawyers to deal with issues related to the matter, click here to access the service area and request yours.

Temporary visa and work in Brazil

Temporary visas have deadlines determined by the Migration Law. Thus, the term of the temporary visa is, on average, 2 years, extendable for another 2 years. In addition, there are visit visas, with a stay of up to 90 days.

However, the de facto Brazilian work visa, that is, the one that requires a CLT contract with a Brazilian company before the visa is issued, will have an indefinite period. That means, in general, the work visa will last for as long as your contract is valid. However, pay attention to the validity informed to you when you receive your Brazilian work visa, because some cases are granted with a maximum period of stay (2 years being the most common).

But what to do if you get fired or terminate your contract? We have already explained here on the blog cases of regularization of foreign work in Brazil without an employment relationship (article in Portuguese).

Deadlines for visas

The deadlines for each visa vary, so it’s important to remember that the deadlines begin to apply soon after the date of issue.

Can a foreigner with a tourist visa work in Brazil?

The answer is no, as they need to regularize their situation to remain in the country with a Brazilian work visa. This is because in order to grant the specific visa, you must first request authorization to carry out work.

If you need legal assistance from our team, please message us on WhatsApp.

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How does the exportation of services work

Eduardo Koetz — Fri, 01 Sep 2023 17:57:03 +0000

With the advancement of technology and increased global interaction through globalization, various opportunities for service exportation have emerged in the market, allowing many companies, particularly in the technology sector, to reach a larger market with the availability of their services either remotely or through overseas branches. Let’s take a closer look at how it works.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

Service exportation refers to the sale and provision of services by a company from one country to clients or businesses located in other countries, making it one of the forms of international trade that involves the offering of services instead of physical products.

Investing in this mode typically requires the ability to provide these services remotely or through travel to the country where the services will be rendered and can bring several economic benefits to the country, as it enables local businesses to expand their markets and reach a global customer base.

Such a move has the potential to increase revenue and economic growth for the country, generate jobs, and drive innovation, as all nations tend to profit from this type of practice, especially with the cross-border exchange of services among them.

Types of Services that Can be Exported

Various types of services can be exported, such as consulting services, financial services, IT services, tourism, transportation, healthcare services, and education, among others.

Given the large number of sectors, there is high global competition among the services offered, and companies need to provide quality and competitive services to stand out in the international market. This may require investments in personnel training, technology, and marketing.

At this pace, service exportation is an important form of international trade that involves the sale of services from one country to another, offering opportunities for economic growth and expansion for companies but also presenting challenges that need to be overcome to achieve success in this field.

Types of Service Exportation Contracts

It’s possible to classify the most commonly used types of services to pay attention to the main investment opportunities presented by the sectors with the greatest representation in the market for this type of exportation. Let’s see these types of contracts:

Service Provision Contract:

This is the basic contract that establishes the general terms and conditions for the provision of the service. It typically covers elements such as the scope of services, obligations of the parties, deadlines, remuneration and payment methods, intellectual property, confidentiality, responsibilities, and dispute resolution.

Licensing Contract:

This type of contract is common when service exportation involves the licensing of technology, software, or intellectual property to a foreign client. The contract stipulates the rights and obligations of the parties, including terms of use, restrictions, royalty payments, and technical support.

Specifically, this model has seen considerable debate with the changes in the ways software was presented to consumers, considering the increase in remote technical support and updates over the years, definitively characterizing the relationship as a service provision.

Consultancy Contract:

When the services involve specialized consulting, a consultancy contract is often used. It defines the details of the consulting services to be provided, the required expertise, the obligations of the parties, deadlines, fees, and other relevant clauses.

Agency or Representation Contract:

This type of contract is used when a company acts as an agent or representative of another company abroad. The contract establishes the responsibilities of the agent, the obligations of the principal, remuneration, exclusivities, areas of operation, and termination rights.

This contract is commonly used for the final sale of exported products, utilizing the agent or representative’s services as a direct seller in the established country for the exportation of a specific product.

Technical Service Contract:

When services involve specialized technical knowledge, such as installation, maintenance, training, or technical support, a technical service contract can be used. It details the technical specifications, deadlines, obligations of the parties, remuneration, and other related terms.

Joint Venture Contract:

In some cases, service exportation can occur through a strategic partnership between companies from different countries. In this case, a joint venture contract is established to govern the relationship between the parties, defining the ownership structure, management, profit sharing, obligations, and responsibilities.

The idea is to share resources and divide risks when entering the foreign market, where an exporter may choose to form partnerships with a local company to have a partnership with a better understanding of that country and likely have greater market confidence.

Parties Involved in Service Exportation

In general, the Service Exportation Contract has common parties among different contracts, and it is possible to clearly identify the exporter of services and its importer, regardless of the type of contract entered into.

The service exporter is the company or service provider that is supplying and exporting the services to the foreign market. This party is responsible for fulfilling the obligations stipulated in the contract, providing the services according to the agreed terms, and receiving the agreed remuneration.

On the other hand, the service importer is the company or client that is acquiring the exported services. This party is responsible for fulfilling the obligations stipulated in the contract, paying for the provision of services as agreed, and providing the necessary information and support for the execution of the services.

In addition to these main parties, depending on the nature of the contract, other stakeholders may be involved, such as commercial intermediaries, legal representatives, and government agencies, among others.

Market Research for Service Exportation

Market research is an important step that should be carried out before the start of service exportation, aiming to obtain information about the target market and the international business environment, enabling strategic decision-making, and adapting services according to the needs and demands of international clients.

This step can be done through various methods, such as market studies, analysis of statistical data, opinion surveys, interviews with experts, and visits to trade fairs, among others. It is recommended to seek the support of professionals specialized in international trade or foreign trade promotion agencies to obtain comprehensive and reliable market research.

In summary, the analysis usually involves the following activities:

Target market analysis:

Understanding market characteristics such as size, trends, segmentation, competition, regulations, cultural preferences, and consumption patterns to act in line with the needs of the target audience.

Identification of potential clients:

Identifying companies or clients who may be interested in the offered services, considering the ideal client profile, market needs, and requirements that correspond to them.

Competition evaluation:

Analyzing competitors in the target market, understanding their service offerings, strengths and weaknesses, marketing strategies, and pricing practices to understand how other service providers are operating in the segment.

Feasibility analysis:

Assessing the economic and commercial feasibility of exporting services to the target market, considering aspects such as costs, prices, expected demand, entry barriers, and return on investment.

Service adaptation:

Based on the collected information, adapting the offered services to meet the needs and preferences of the target market. This may involve adjustments in service offerings, pricing, packaging, marketing, and communication.

The Main Conditions that Can Affect the Cost of Provided Services

The international service provision contract, due to its various modalities, as previously shown, can have several nuances in its negotiation that can affect the final value of the service to be performed. The negotiation may determine everything, from the costs of transporting the service provider to the importer’s country of origin to the responsibility for payment of taxes related to the service provided. Let’s look into the examples mentioned.

Regarding general costs that may be involved in the service provision, these can be negotiated to determine the responsibility of each party. It would be the equivalent of defining the Incoterm clause to be applied in a product export (more information in our article).

As for taxation costs, research is conducted to determine the amount that the destination country will tax on the presented service. Depending on the country, the tax burden can significantly alter the final value.

Issues That May Arise in Service Exportation

Just like any other relationship between two parties, various disputes may arise during service exportation. The most common ones will naturally be contractual default when one of the parties fails to fulfill its obligations stipulated in the contract (the service is not properly provided), and liability for damages, when any damage occurs to the consumer of that provided service and liability needs to be determined, among others.

There may also be problems with service regularization, such as unforeseen tax incidence, unknown prohibitions or regulations, or failure to comply with requirements for proper service provision in a specific location.

How to Ensure Secure Service Provision Abroad

In order to protect oneself, it’s necessary for the service provider to exercise due legal caution throughout the entire provision, having knowledge of the location where the service will be provided, the requirements for service provision, taxes, etc. In addition, a well-drafted contract with the importer is necessary, which should precisely define the responsibilities of each party, as well as the penalties for non-compliance.

Therefore, it’s advisable for the exporter to seek specialized assistance in exporting the offered services, in order to legally protect themselves and avoid additional expenses and stress due to any problems that may occur with the provision of their services.

If you need legal assistance from our team, please message us on WhatsApp.

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National Driver’s License for Foreigners in Brazil

Eduardo Koetz — Thu, 31 Aug 2023 18:23:04 +0000

Most foreigners residing in Brazil are very interested in issuing their National Driver’s License to drive in the country. In this article, we will detail how the issuance of CNH works for foreigners in Brazil, and what are the requirements and benefits.

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Velozo de Mello Marchiori

Does every foreigner need a CNH to drive in Brazil?

The CNH is mandatory for Brazilian citizens to drive in the national territory. However, not every foreign citizen needs a CNH to drive in Brazil.

Foreign citizens who are in Brazil as tourists may be exempt from CNH. For this, the foreigner must be a national of a country that is a signatory to the Vienna Convention. Alternatively, the foreigner must be a citizen of a country with a reciprocity agreement with Brazil.

At the end of the article, we will list all the countries that are part of the Vienna Convention and that have reciprocity agreements with Brazil.

Despite the waiver of CNH, citizens who fit these cases must still observe some requirements. Foreign citizens must be over 18 years of age and have a driver’s license from their country of origin. The Driver’s License must be within the validity period.

The driver must also carry a passport or other identification document. In addition, you must prove the date of entry into Brazil, which cannot exceed 180 days.

What are the requirements to issue a CNH in Brazil?

Foreign citizens residing in Brazil must issue a CNH to drive in the country.

Foreigners who do not have a driver’s license in their country of origin may also obtain a Brazilian driver’s license. For this, they must follow the same procedure, but they will need to take a driving test.

Foreign citizens who already have a Driver’s License from their country of origin undergo a simplified procedure to obtain a CNH.

It is necessary that the citizen already has a National Migration Registry Card (CRNM).

If you want more details on how to obtain the CRNM, access our article dedicated to the topic.

In addition, the immigrant must present the following documents:

Passport with Federal Police visa and/or stamp – original and copy;
Individual Taxpayer Registration (CPF) – copy;
Driver’s license from the country of origin issued more than 1 year ago and not yet expired – original and copy;
Proof of current address in the name of the interested party or a close relative (spouse, partner, parents, siblings, and children). In these cases, also present an original document and a copy that proves kinship or marital status (RG, marriage certificate or stable union deed, birth certificate) – original and copy.

What are the steps to apply for a CNH?

After gathering the documentation, the immigrant must present it to the State Department of Transit (DETRAN). The competence of the DETRAN is divided according to the state in which the citizen resides.

DETRAN will analyze the documentation and may request a sworn translation into Portuguese of the document that is in another language. If you want to know more about the types of translation, visit our article dedicated to the subject.

After checking the documents, registration will be made and the Summary Bulletin and State Collection Document (DAE) will be issued. The amount of fees to be paid will vary according to the Detran of each state.

The address of the Medical Clinic accredited by the Detran will be indicated to carry out the medical and psycho-technical examinations. The fee for these exams must be paid at the clinic, and the amounts vary for each city.

Foreigners who do not have a driving license in their home countries must also pass a driving test. The interested party whose country of origin does not have international conventions or agreements ratified and approved in Brazil must also pass the vehicle driving test.

To do so, you must choose a Driver Training Center (CFC) and pay the Learning License and driving exam fees. The CFC will schedule the vehicle driving test. Taking driving lessons is optional.

The CNH will be sent within 15 business days to the address in the Detran system. The postman will make three delivery attempts, and in case it is not answered, the driver’s license will be available at the Document Distribution Center (CDD) closest to the immigrant’s residence.

If you need legal assistance from our team, please message us on WhatsApp.

Which countries are part of the Vienna Convention or have an agreement with Brazil?

Below is a list of all countries that are part of the Vienna Convention or have an agreement with Brazil, regarding the driving license:

South Africa;
Albania;
Germany;
Anguilla;
Angola;
Saudi Arabia;
Algeria;
Argentina;
Arquem.de Sem Andrés;
Armenia;
Australia;
Austria;
Azerbaijan;
Bahamas;
Bahrain or Bairein;
Belgium;
Bermuda;
Belarus (Belarus);
Bolivia;
Bosnia-Herzegovina;
Bulgaria;
Cape Green;
Canada;
Qatar;
Kazakhstan;
Cayman;
Ceuta and Melilla;
Chile;
Singapore;
Colombia;
Congo;
South Korea;
Costa do Marfim;
Costa Rica;
Cote d’Ivoire;
Croatia;
Cuba;
Denmark;
El Salvador;
United Arab Emirates;
Ecuador;
Scotland;
Slovenia;
Spain;
U.S;
Estonia;
Philippines;
Finland;
France;
Gabon;
Ghana;
Georgia;
Gibraltar;
Great Britain;
Greece;
Greenland;
Guadeloupe;
Guatemala;
Guyana;
French Guiana;
Guinea Bissau;
Haiti;
Netherlands;
Honduras;
Hungary;
Pitcairn Island;
Norfolk Island;
Aland Islands;
Cayman Islands;
Cocos (Keeling) Islands;
Cook Islands;
Channel Islands;
Georgia and the South Sandwich Islands;
Virgin Islands;
Wallis and Futuna Islands;
Indonesia;
England;
Will;
Iraq;
Iria West;
Northern Ireland;
Israel;
Italy;
Kuwait or Kuwait;
Latvia;
Liberia;
Libya;
Lithuania;
Luxembourg;
Macedonia;
Malvinas or Falkland Islands;
Morocco;
Martinique;
Mayotte;
Mexico;
Mozambique;
Moldova (Moldova);
Monaco;
Mongolia;
Montenegro;
Montserrat;
Namibia;
Nicaragua;
Niger;
Niue;
Norway;
New Caledonia;
New Zealand;
Nueva Esparta;
Wales;
Panama;
Pakistan;
Paraguay;
Peru;
French Polynesian;
Poland;
Puerto Rico;
Portugal;
Kenya;
Kyrgyzstan or Uyrghiztao;
UK;
Entra-African Republic;
Democratic Republic of Congo;
Dominican Republic;
Slovak Republic;
Czech republic;
Romania;
Russia;
Western Sahara;
Saint-Pierre and Miquelon;
San Marino;
Saint Helen;
Sao Tome and Principe;
Seychelles (Seychelles);
Senegal;
Serbia;
Sweden;
Switzerland;
Svalbard;
Tajikistan;
Southern Lands and Antarctica;
British Territory in Antarctica;
British Territory in the Indian Ocean;
Timor;
Tokelau;
Tunisia;
Turks and Caicos (Turks and Caicos);
Turkmenistan;
Türkiye;
Ukraine;
Uruguay;
Uzbekistan;
Venezuela;
Vietnam;
Zimbabwe.

If you need legal assistance from our team, please message us on WhatsApp.

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Advantages of Family Succession in Brazil – A Comparison to Argentina

Eduardo Koetz — Tue, 29 Aug 2023 19:56:01 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and in Argentina, as well as highlight the advantages which Brazil offers for the succession process started in its territory.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

How much is the inheritance tax rate in Brazil and in Argentina?

Generally, after the death of a relative, the heirs or beneficiaries who will inherit their estate are also responsible for the payment of inheritance tax.

This usually happens in several countries around the world, and each of them has their own specific rules regarding the payment and charging of this tax.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

This means that, according to Brazilian law, there cannot be an inheritance tax rate higher than 8% in relation to the value of the property transmitted to the heirs after death.

In Argentina, as of now, there is no specific inheritance tax charge nationally, even though there is a lot of debate regarding this subject in the country.

However, in one of the country’s provinces, the inheritance tax has been charged since 2011 in certain situations. We are talking about the province of Buenos Aires, the most populous province in Argentina.

Thus, this tax is owed by the person who resides in this province and who has received property free of charge, which means through inheritance or donation, as it also happens in Brazil with ITCMD.

However, the rules in regard to charging inheritance tax in this Argentinian province are considerably different from the Brazilian rules, as we are going to see below.

Buenos Aires

In the province of Buenos Aires, the inheritance tax must be paid when the amount of the transmission is higher than $1,344,000 Argentinian pesos (currently around R$25,000,00), as long as the heirs are the deceased’s parents, children, or surviving spouse.

If the heirs have any other sort of relation to the deceased, the inheritance tax is owed when the amount of the transmission is higher than $322,800 Argentinian pesos (currently around R$ 6,000,00).

In both scenarios, the tax rate will vary from 1.6% to 6.4% on the value of the property, which means that the higher the amount of property and the more distant the degree of kinship to the deceased, the higher the tax rate will be.

How does the division of property work in Argentina?

Generally, the rules for the division of property in Argentina have lots of similarities if compared to the Brazilian rules, mainly when there is no will left by the deceased.

Around there, there is also an order of preference of legitimate heirs, which are the descendants, ascendants, surviving spouses, and collateral relatives up to the fourth degree of kinship.

Likewise, the existence of closer relatives to the deceased always excludes their distant relatives in the succession.

Hence, children have more priority to inherit and will receive equal shares of the deceased’s estate. Their grandchildren, however, will only inherit by right of representation, in case they replace their deceased father or mother.

If there are no descendants, the closest ascendants will receive the inheritance, which will also be divided equally among them. If there are no ascendants, the surviving spouse will inherit the whole estate.

Finally, if there is no surviving spouse, the closest collateral relatives will receive the property in the following order: siblings (second degree), uncles/aunts and nephews/nieces (third degree), or cousins, granduncles/grandaunts, and grandnephews/grandnieces (fourth degree).

Nevertheless, the situation of the surviving spouse is unique, as it also happens in Brazil, because they will participate in the succession together with the descendants and the ascendants.

This means that whenever the surviving spouse participates in the inheritance process with the descendants of the deceased, the spouse will receive a share of property that is equal to theirs.

If the spouse participates in the inheritance process with the ascendants, however, the spouse will necessarily receive 50% of the estate and the remaining 50% will be divided among the ascendants.

Are there any obstacles or prohibitions to inheriting in Argentina?

Just as it happens in Brazil, Argentinian law determines that heirs who are considered unworthy of inheriting or who have been disinherited will not be able to receive any shares of the inheritance.

In Brazil, heirs may lose their right to inherit in specific situations, such as such as unworthiness, disinheritance, and the existence of debts.

Regarding this matter in Argentina, the legislation is basically identical to the Brazilian legislation, both in regard to unworthy heir and disinherited heir situations.

What are the advantages of starting a family succession in Brazil?

When we look closely at the Brazilian legislation, it is possible to notice that in Brazil there are several advantages to people who decide to start their family succession in Brazilian territory.

In the case of Argentina, although there is no specific inheritance tax charge throughout the whole country, the tax is owed precisely in the most populous province of the country, where more than fifteen million people live.

Therefore, many heirs who live there will have to take on the costs of this tax, which may reach up to 6.4% on the value of the property, which is basically the same as the Brazilian inheritance tax rate limit.

In Brazil, one of the benefits brought by the law is the possibility that the estate owner can get a private pension plan.

That is because the private pension plan holder can define how the division of this money will happen after their death by naming any person they want as a beneficiary to receive them.

Private pensions

In other words, this amount of money related to private pensions can be received by the beneficiaries irrespective of the course and the conclusion of the inventory proceeding.

Another interesting possibility to be considered is the creation of a holding company by the owner of the estate.

In this kind of company, it is possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

If you need legal assistance from our team, please message us on WhatsApp.

The post Advantages of Family Succession in Brazil – A Comparison to Argentina appeared first on Koetz International and Succession.

Brazilian citizenship: What is the fastest way to get a passport?

Eduardo Koetz — Tue, 22 Aug 2023 10:30:48 +0000

Brazilian citizenship is an object of interest for many immigrants. The possibility of having a Brazilian passport is one of the main benefits of becoming a Brazilian citizen. In this article, we will analyze the fastest ways to get Brazilian citizenship and consequently the Brazilian passport. In addition to tips on the Brazilian naturalization process.

Author: Lucas Velozo de Mello Marchiori

If you need legal assistance from our team, please message us on WhatsApp.

Is it possible to get a passport in 6 months?

No immigrant can obtain a Brazilian passport in less than six months. For this, he must already have Brazilian citizenship or be able to apply for citizenship. If you want to know more about the Brazilian citizenship process, access our article dedicated to the subject.

After citizenship is approved by the Ministry of Justice, it will be published in the Official Gazette. With the publication taking place, the immigrant will be able to request his Positive Certificate of Naturalization (CPN) online.

The Positive Certificate of Naturalization (CPN) will allow the naturalized immigrant to apply for his Brazilian passport at the Federal Police. The average period for issuing a passport is 6 to 10 working days.

The text continues after the infographic.

How to get a passport in 1 year?

The general rule is that the immigrant will need to reside for four years in Brazil with a permanent residence permit to apply for citizenship and, consequently, a Brazilian passport. However, some conditions can drastically shorten this period.

If the immigrant marries or has a stable union with a Brazilian citizen, the required period of residence is only one year. For proof purposes, it will be necessary to present a marriage certificate or stable union deed.

Another situation capable of reducing the period of residence is the immigrant having a Brazilian-born or naturalized child. Thus, in this case, the period of residence will also be only one year.
Finally, the period of residence will only be one year if the immigrant is from a Portuguese-speaking country. This is a prediction that aims to benefit the member countries of the Community of Portuguese-Speaking Countries (CPLP).

The text continues after the infographic.

Is there any way of not needing proficiency in Portuguese to become naturalized?

One of the requirements to apply for naturalization is proof of proficiency in Portuguese. Immigrants from Portuguese-speaking countries, in addition to having a reduced period for naturalization, are also exempt from proving proficiency in Portuguese.

What other documents are needed to apply for a passport?

The request for a Brazilian passport is made directly with the Brazilian Federal Police.

In addition to the naturalization certificate, the naturalized Brazilian must present his CPF, identity document, and marriage certificate, if he has changed his name.

What is the process to apply for a passport at the Federal Police?

After having the documents gathered, the naturalized Brazilian must fill out the passport application form. With the form completed, the citizen will have to pay the Union Collection Guide, referring to the costs of issuing the passport.

Thus, after payment is made, an appointment is made on the website for the naturalized Brazilian to appear at the Federal Police in his/her jurisdiction. The citizen will have to bring their original documents on the scheduled day.

The text continues after the infographic.

What are the other requirements for Brazilian naturalization?

There are several types of Brazilian naturalization. Ordinary naturalization is the most common and simple way to naturalize a Brazilian and obtain a passport.

First, the immigrant must have a permanent residence permit in Brazil to apply for naturalization. The immigrant must have a legal basis to be able to reside in Brazil.

There are several reasons for a foreigner to obtain a residence permit in Brazil. Whether for studies, work contracts, retirement, or sports activity, among others. However, most residence permits in Brazil are initially for a temporary period.

When renewing, some temporary residence permits can become permanent. This is the case, for example, of most work-related residence permits. However, this is a lengthy process, considering that it is necessary to wait for the initial term of the temporary residence to expire and then apply for renewal.

The text continues after the infographic.

Are there other ways to reduce the time required for permanent residency?

Obtaining a permanent residence permit is the first step toward obtaining Brazilian citizenship. However, there are other ways to reduce the period of residence to apply for naturalization.

The stateless person recognized by the Brazilian Government will have to prove only two years of permanent residence in Brazil.

The immigrant recommended for his professional, scientific, or artistic ability will also have to prove only two years of residence in Brazil. Furthermore, the same applies to immigrants who have rendered or may render relevant services to the country.

In these cases, the Migration Department of the National Secretariat of Justice will assess these conditions.

How long can foreigners stay outside Brazil before applying for citizenship?

Immigrants with a permanent residence permit can stay outside Brazil for up to two years. If they stay out of the country for a longer period, they run the risk of losing their residence permits.

However, if the foreigner intends to obtain citizenship and, consequently, a Brazilian passport, the period to be observed is shorter. This period will vary according to the minimum period of residence required for citizenship.

Therefore, the following ratio should be observed:

For a minimum period of residence of 1 year: the maximum total absence of 3 months;
For a minimum period of residence of 2 years: a maximum total absence of 6 months;
For a minimum period of residence of 4 years: maximum combined absence of 1 year.

The proof of the foreign citizen’s residence time in Brazil can happen in a very comprehensive way. In short, it is possible to use water, energy, or telephone bills, rental contracts, bank statements, and school transcripts, among others.

If you need legal assistance from our team, please message us on WhatsApp.

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International export contracts from Brazil to abroad

Eduardo Koetz — Tue, 15 Aug 2023 17:00:21 +0000

See, in this text, the importance of having legal advice specialized in exports and what are the main contracts that involve an export operation.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha Anchieta Aragão

Acting with exports in Brazil can be considered a sea of opportunities, even more so because it is an area that, in addition to offering high returns, is in the process of expansion.

No wonder that, in 2022, Brazil became the 25th largest exporter in the world, according to a report by the World Trade Organization.

Prospecting for customers, hiring employees, production, and logistics are some inevitable steps for a well-done export operation, however, many businessmen forget the main thing, the contracts.

A well-drafted contract can make all the difference in an operation of this type, in addition to preventing various inconveniences that may arise in the future.

In addition, there are some procedures that can only be performed with a formalized contract.

Therefore, if you want to know the importance of having a well-prepared international export contract and what the main contracts involved in an export operation are, keep reading this article!

What is an export operation?

First of all, you need to understand what an export operation is.

Export is the temporary or permanent departure of national products, goods, and services to other countries.

That is, it’s an operation in which companies established in Brazil sell their products, goods, and services to foreign companies or people, that is, in the foreign market.

And, as it usually involves contracts for the purchase and sale of products, among others, Export requires legal formalization, an international export contract.

Therefore, it’s understood that international export contracts are intended to organize all sales and distribution of products between States.

What is the importance of international contracts in an export operation?

As already explained, international export contracts are extremely necessary for carrying out an export operation.

It turns out that, in order to sign a contract of this type, there are a number of factors that must be considered at the time of its elaboration.

We can cite, as an example, a clause assigning jurisdiction, choice of language, confidentiality, termination, payment methods and even defining valid forms of communication.

You also need to be aware of the specific laws and orders defined by the countries of each party to the contract for it to be considered valid.

And, for this to happen in a safe and reliable way, it’s very important to have legal advice specialized in exports so that you can avoid future legal problems due to forgetting an essential issue.

In addition, it will provide adequate guidance on the export process and help you review the contracts signed with banks so that you are not harmed.

What international contracts does an export operation involve?

Now that you know the importance of having a well-drafted or revised international export contract, you might be wondering which international contracts can usually be entered into in an export operation.

The main ones are:

International Purchase and Sale Agreement;
Exchange Contract;
Advance on Exchange Contract (ACC);
Advance on Delivered Exchange (ACE);
Export Prepayment (PPE);
Service Export Agreement;
Assembly Contract.

International Purchase and Sale Agreement

The International Purchase and Sale Agreement can be considered the most performed in export operations.

As it’s the main instrument of the contractual relationship, since it defines the obligations and rules of the exporter and importer relationship, it must be well prepared and not obtained from any Google site.

General clauses, domain reservation clauses, price list clauses and even clauses to define the possibility of arbitration are some of the many topics that should be thought about carefully.

For this reason, an advisory can make you avoid a good future headache due to poor contract drafting.

Finally, from a contractual point of view, be aware that Income Tax (IRPJ) and Social Contribution on Net Income (CSLL) will be levied.

Exchange Contract

Generally, when carrying out an export operation, payment for goods, products, or services is not made in reais (Brazilian currency).

And, as there is no free circulation of foreign currencies in Brazil, you must carry out an exchange operation to buy national currency.

These operations must be carried out with the intermediation of a bank authorized to operate foreign currencies. In addition, there is a need for a signed contract called the Exchange Contract.

It contains information like the name of the foreign currency, the contracted rate, the corresponding amount in reais and currency, and buyer and seller data, and must be registered with the Central Bank of Brazil (BACEN).

Despite being prepared by the bank itself, it’s important that an experienced professional analyze it to verify that the conditions are beneficial and are in compliance.

Advance on Exchange Contract (ACC)

The Advance on Exchange Contract (ACC), a kind of Exchange Contract, is a form of advancing resources in national currency to the exporter.

As it’s considered one of the best-known export financing mechanisms, depending on the case, it can be very beneficial because it helps the exporter to relieve his cash.

To carry out an ACC, the exporter must seek or have a consultancy that already has a link with a commercial bank authorized to operate in foreign exchange.

Once authorized, the exporter will sign an exchange contract for the amount corresponding to the exports he wishes to finance, even before receiving payment for the sale or sending the product to the importer.

ACE – Exchange Advance Delivered

The Advance on Delivered Exchange Rate (ACE) is similar to the ACC, however, in this case, the advance of funds in national currency must be made after the goods are shipped abroad.

After sending the goods, the exporter delivers the documents relating to the export to the accredited bank and enters into an exchange contract for future settlement.

In short, the exporter asks the financial institution to advance the amount in the national currency corresponding to the exchange contract.

In this case, further than obtaining financing to grant a longer payment period to the importer, there is the possibility of fixing the exchange rate for your operation.

Export Prepayment (PPE)

The Export Prepayment, like the previous ones, is also an advance of revenue, but by a financial institution abroad.

The purpose of this financing will be to finance the entire export cycle, from production to transportation.

Furthermore, it’s the importing company that makes the payment to the bank, that is, the exporter does not need to send funds abroad at the time of payment.

In this way, the exporter will only need to formalize a contract with the importer.

However, it must be clarified that this type of operation is very complex from a contractual point of view, as it requires an experienced professional with specific knowledge to set up the entire operation scheme.

Service Export Agreement

The Service Export Contract must be formalized when a Brazilian service provider sells a service to a foreign contractor.

In addition to this contract, it’s necessary to sign an Exchange Contract to receive payment.

It’s also necessary to clarify that not all services can be offered in the external market.

Therefore, it’s important to check whether the General Agreement on Trade in Services (GATS), which regulates these operations, allows the sale of your service.

Finally, as in the International Purchase and Sale Agreement, Income Tax (IRPJ) and Social Contribution on Net Income (CSLL) apply.

Assembly Contract

There is also the famous Assembly Contract.

In this modality, a Brazilian company looks for a manufacturer abroad to produce and sell its products in a foreign market.

Typically, they do this in search of a lower cost in the production of their products and have the possibility to continue with the decision-making power and the creative part of the products.

As seen, this is an operation that must be well delimited. For this reason, it’s extremely necessary to have a well-drafted contract to avoid legal problems.

Export contract closing

After drafting or reviewing the international export contract from Brazil to abroad, you must maintain an open dialogue with the other party to proceed with the necessary procedures.

If the other party is the importer, there may be a need to hold meetings to define criteria and specify contractual issues, whether obligations, payment methods, deadlines, and others.

At these times, you will also be able to count on an advisor to carry out intermediation work, in addition to drafting the contract.

Therefore, if you are interested in knowing how this legal support for export works, we at Koetz Advocacia will be delighted to assist you!

If you need legal assistance from our team, please message us on WhatsApp.

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Provisional Brazilian Document of Migration: what you need to know!

Eduardo Koetz — Tue, 15 Aug 2023 10:30:12 +0000

The Provisional Brazilian Document of Migration is issued free of charge by the Federal Police and only for those who qualify as refugees in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

What is the Provisional Document of National Migration Registration?

Decree Nº. 9,277/2018 provides for the Provisional Brazilian Document of Migration (DPRNM) and the recognition of refugee status in Brazil. Thus, this document was instituted with the new Migration Law and is exclusive to those foreigners who fit the refugee status.

Who are considered refugees?

Foreigners can come and reside in Brazil in different situations. Among them are immigrants, asylum seekers, and refugees, but the provisional document of national migration registration was enacted to meet the needs of refugees in Brazil. Any individual who:

“I – due to well-founded fears of persecution for reasons of race, religion, nationality, social group or political opinion, he is outside his country of nationality and is unable or unwilling to accept the protection of such country;

II – having no nationality and being outside the country where he previously had his habitual residence, he is unable or unwilling to return there, due to the circumstances described in the previous item;

III – due to a serious and widespread violation of human rights, he is obliged to leave his country of nationality to seek refuge in another country”.

Furthermore, these conditions are extended to spouses, ascendants or descendants, and other members of the family group who are economically dependent on the refugee – if they are also in the national territory.

What is the purpose of the DPRNM?

The Provisional Brazilian Document of Migration (DPRNM) does not replace international travel documents! However, it is allows you to:

I – Create the asylum seeker’s identification document, until the final decision of the process at the National Committee for Refugees – CONARE; It is

II – Allow the bearer to enjoy rights in Brazil, including:

- The issuance of the provisional Employment and Social Security Card for carrying out remunerated activities in the country;
- Opening of a bank account in an institution that is part of the national financial system;
- Enrollment in the Individual Taxpayer Registry (CPF) of the Ministry of Finance;
- Access to guarantees and mechanisms for protection and facilitation of social inclusion arising from the
- Convention relating to the Status of Refugees; It is
- Access to public services, especially education, health, social security, and social assistance.

How to obtain the Provisional Document of National Migration Registration?

The moment the immigrant receives the asylum request, the Federal Police must issue a protocol in favor of the applicant and his/her family group – if any.

Thus, with the issuance of the protocol, the Federal Police will be able to issue the Provisional Document of National Migration Registration free of charge after the presentation of some requirements.

Requirements for issuance

The Provisional Brazilian Document of Migration will only be issued upon:

Protocol number issued by the Federal Police;
Biographical and biometric data;
Information that the bearer:
- cannot be deported outside the legal hypotheses; and
- has ensured the same rights as other immigrants in a regular situation in the country and will not receive discriminatory treatment of any kind.
Two-dimensional barcodes, in the QR Code pattern.

The loss of validity of the Provisional Document of National Migration Registration

The DPRNM can lose its validity in three different situations. First, if the request for asylum recognition is rejected by the Brazilian government.

The second hypothesis is if the request for recognition of refuge is granted and, therefore, the right to issue the National Migratory Registration Card (CRNM).

The third way to lose the validity of the DPRNM is through the archiving or termination of the process without judgment on the merits.

If you need legal assistance from our team, please message us on WhatsApp.

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Meat export: the complete guide for entrepreneurs

Eduardo Koetz — Fri, 11 Aug 2023 18:40:29 +0000

If you are a meat entrepreneur and are considering expanding your horizons beyond borders, this article is for you.

In this complete guide, we’ll explore everything you need to know about exporting meat, simply and affordably, to help you get started in this exciting international market.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

Understanding the international meat market

For any entrepreneur who wants to enter the international meat market, it’s essential to understand the dynamics and peculiarities of this sector. After all, exporting meat is not just about selling products across borders, but involves several factors that directly impact the success of the business.

First of all, it is important to know the preferences and demands of the different markets. Each country has its particularities regarding meat consumption, whether in terms of cuts, types of meat, or even cultural and religious issues.

For example, some countries have a preference for high-quality beef, while others prefer pork or poultry.
Therefore, it’s essential to identify the markets that have a demand aligned with the products that your company offers.

In addition, health regulations and requirements are extremely important in the international meat trade. Each country has its norms and standards to ensure food safety and the quality of imported products.

It’s essential to know and comply with all these regulations, from the production to the process of packaging and labeling of products.

Another crucial aspect is to understand the competition in the international market. There are numerous meat companies around the world competing for the preference of foreign consumers.

Knowing the competitors, their marketing strategies, prices, and differentials is essential to position your company competitively.

Finally, it is essential to keep up with trends and changes in the international meat market. Consumption and buying patterns are always evolving, and it’s important to adapt to these changes.

For example, there is a growing demand for organic, sustainable, and ethically produced meat. Staying aware of these trends can be an opportunity to differentiate your company and conquer new markets.

By understanding the international meat market, its particularities, competition, and consumer demands, you will be prepared to make informed and strategic decisions.

Requirements and regulations for meat exports

If you are thinking of exporting meat, it is important to know the requirements and regulations established by the Brazilian authorities.

One of the main regulations is the Federal Inspection (SIF), carried out by the Ministry of Agriculture, Livestock, and Supply (MAPA).

The SIF is responsible for supervising and certifying meat-producing establishments, ensuring that they comply with good production and hygiene practices.

Before exporting, it is necessary to obtain registration in the SIF and ensure that your company meets all the required requirements.

In addition, it’s essential to follow animal traceability standards. This means that it is necessary to keep detailed records of the entire production process, from the creation of the animal to the slaughter and packaging of the final product.

This makes it possible to trace the origin of the meat, ensuring its quality and safety for consumers.
Another important point is health regulations. Brazil has strict standards for the control of animal diseases, such as foot-and-mouth disease and avian influenza.

Before exporting, it is necessary to certify that the herd is free of these diseases and follow the prevention protocols established by MAPA.

In addition, each importing country may have its additional requirements. Therefore, it is essential to research and understand the specific standards of each target market.

In short, the export of meat requires compliance with specific requirements and regulations. Ensuring compliance with the SIF, adopting animal traceability practices, following sanitary standards, and being aware of the requirements of importing countries are essential steps to ensure export success and the conquest of international markets.

Preparing your company for meat export

When deciding to expand your business for the export of meat, it is critical to prepare your company properly.

Firstly, make sure that your company is registered and in compliance with the regulations of the Ministry of Agriculture, Livestock and Supply (MAPA).

Registration with the Federal Inspection Service (SIF) is essential to ensure the quality and safety of exported products. Make sure you comply with all SIF requirements and procedures, from production to packaging and labeling.

In addition, it’s important to ensure the traceability of the product. Keep detailed records of the entire production process, from the origin of the animals to the slaughter and processing of the meat.

This includes information about food, medications administered, and hygiene controls. Traceability is essential to ensure product quality and to meet the requirements of importing countries.

Ensure that your company complies with health regulations. Be aware of the mandatory vaccinations and prevention protocols established by MAPA.

Finally, research and understand the specific requirements of importing countries.

Each market may have additional regulations, labeling, packaging, or specific certifications. Be prepared to meet these requirements and ensure that your company can export to your chosen countries.

By preparing your company properly for the export of meat, you will be increasing your chances of success in the international market.

Taxation for the export of meat from Brazil:

In Brazil, the export of meat is subject to specific taxation.

Here are some important aspects related to taxation on meat exports:

Export Tax (IE): The Export Tax is a federal tax levied on the value of exported goods. However, fresh and frozen beef, as well as other animal products, are exempt from this tax.2. Social
Integration Program (PIS) and Contribution to the Financing of Social Security (COFINS): Meat exports are exempt from the incidence of PIS and COFINS, which are federal taxes levied on the gross revenue of companies.
ICMS: The Tax on the Circulation of Goods and Services (ICMS) is a state tax applied to the circulation of goods. However, exports are exempt from ICMS, according to a constitutional determination that prohibits the incidence of this tax on export operations.
Special Customs Regime: To encourage exports, Brazil offers special customs regimes, such as drawbacks. These regimes allow the suspension or exemption of taxes on inputs used in the production of goods intended for export.

It’s important to note that the above information is general and may vary depending on the particularities of each situation and the current legislation.

It’s recommended to consult an accountant or law firm specializing in foreign trade for more accurate and up-to-date information on the specific taxation of meat exports in Brazil.

Essential documentation for export

In Brazil, to export meat internationally, it is necessary to obtain the following health and export certificates:

International Animal Health Certificate (CZI): It is a document issued by the Ministry of Agriculture, Livestock, and Supply (MAPA) that attests to the animal health and quality of products of animal origin intended for export.
International Phytosanitary Certificate (IFC): It is issued by MAPA to ensure that cargoes of products of plant origin are free of pests and diseases that may affect the agriculture of the importing country.
Certificate of Origin: Document issued by authorized entities, such as chambers of commerce, attesting to the country of origin of the exported products.
Registration with the Federal Inspection Service (SIF): It is mandatory for all companies wishing to export meat. The SIF ensures that the company complies with the quality and hygiene standards established by MAPA.

In addition to these certificates, it’s important to follow the Good Manufacturing Practices (GMP) and Self-Control Programs (PAC) defined by MAPA. These programs aim to ensure the quality and safety of products of animal origin.

It’s worth mentioning that the specific requirements may vary according to the importing country. Therefore, it is essential to conduct thorough research on the sanitary and export requirements of each target market before starting the meat export process.

If you need legal assistance from our team, please message us on WhatsApp.

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iPhone import: what you need to know

Eduardo Koetz — Tue, 08 Aug 2023 20:09:23 +0000

See, in this article, everything you need to know to carry out a safe operation of importing iPhones!

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha Anchieta Aragão

Why import iPhones?

Due to the evolution of technology and the production of new models to meet the needs of consumers, the search for high-end smartphones has gradually increased worldwide in recent years.

In this sense, the purchase and resale of these devices can be a great opportunity to earn good profits, even more so if they are the most desired of the generation, like the iPhones.

It’s true that the consumer dream of many Brazilians is to obtain one of these devices and, therefore, the company with the Apple logo is always at the top of smartphone sales.

It’s no wonder that Apple CEO Tim Cook, at an international financial results conference for the year 2023, revealed that the company reached quarterly records in Brazil, Malaysia, India, and other countries.

However, despite this blue ocean of opportunities, the cost of iPhones in Brazil is not very attractive, since, after the entry of foreign goods into the national territory, taxes end up influencing their final value.

Thus, a way out for those who want to obtain these devices at a lower cost is to import iPhones.

Therefore, be aware that importing iPhones for your own use or for resale has different particularities. If you want to know more about it, keep reading this article!

How to import iPhones for resale?

Initially, to carry out an operation to import iPhones for resale, it’s essential to be aware of some details and legal obligations.

Simply put, you need to have a National Register of Legal Entities (CNPJ) and keep another register, always updated, with the Federal Revenue Service. Thus, you can issue invoices and hire companies that offer other necessary services.

In addition, to legally resell the device in the national territory, it’s necessary to obtain the brand rights and to offer the products to Anatel for homologation.

Observing the considerations presented, market research should be carried out, evaluating which devices will be imported, values, carriers, and which suppliers offer good conditions.

In these cases, if you prefer to rely on ease and security, you can hire intermediaries to deal with the bureaucracy, indicate the best suppliers, fair prices and freight, and ensure that all taxes are paid correctly.

Finally, it’s essential to have a recognized and secure platform to make your international payments, in order to optimize your business, facilitate your payments and avoid losses with exchange rate issues.

How to import iPhone wholesale?

The procedure to import wholesale iPhones doesn’t change much compared to the method explained above.

The main difference is choosing a good wholesale iPhone supplier.

It’s necessary to take into account several factors that guarantee the authenticity of the merchandise, agility in the delivery, payment processes, and a fair price for the product.

Please also note the warranty and after-sales support policies, which are essential for a satisfactory shopping experience.

Finally, see the step-by-step below:

Choose the model of the devices to be purchased;
Search wholesale suppliers;
Compare budgets, delivery times, and payment methods;
Make sure the product is authentic;
Complete your purchase;

It may seem complicated to carry out a large purchase operation without any assistance, which is why it is interesting to have specialized advice to intermediate the entire operation and avoid large-scale losses.

How to import iPhones for your own use?

Importing iPhones for personal use is simpler than for resale.

In this case, unfortunately, it’s not possible to buy the device in a foreign store to have it delivered directly to your home.

For this, it is necessary to hire an order redirection service.

To hire this service is very simple, you access the redirector’s website, check its conditions and prices, create your account, and, shortly after, an address is provided to be used for your purchase.

Afterwards, you will be able to make your purchase without any problems on foreign websites, using the address provided. They will receive your order in their warehouse and arrange for shipment to Brazil.

Remember to check if the store accepts Brazilian cards for payment, otherwise, you will need to register on a platform that provides the international payment service.

Which parcel forwarding companies are most reliable?

There are some companies that are more recognized in this field and that stand out for offering different services that help in this process, in addition to being more reliable.

For example, we can cite:

Go Box USA;
Zip4Me;

The first stands out for offering differentiated functionalities such as assisted purchase. You just need to forward the product link and they take care of everything else, from the purchase process to shipping to Brazil.

If you want to avoid problems or want ease of purchase, it can be a good choice.

The second is a large dispatcher that is present in 30 countries, its safety processes and quality of service are its highlights.

Which sites import iPhones from the United States?

Now that you already have a sense of how to import iPhones, you might be wondering which sites to use.

Generally, many people, whether individuals or companies, prefer to purchase this device from American companies, either for the most attractive price or for loyalty.

That said, see below the list of the most used ones:

Of all these sites, Apple’s is the one with the highest degree of complexity, especially in the case of purchases for personal use. There is a need to hire a redirector with assisted purchases to avoid the risk of your purchase being canceled.

In the case of a purchase for resale, you can contact Apple service to become a distributor, however, this process will be much more time-consuming and difficult.

On the other hand, becoming an Apple distributor will save you time and facilitate procedures for legalized resale in Brazil.

Which sites import iPhones from China or Taiwan?

The most used website to import iPhones from China or Taiwan is Aliexpress.

Always pay attention to the details provided in the product description, if the supplier is reliable, if it has a good rating, and if there are positive comments from buyers.

In addition, it will not be necessary to hire carriers or order redirectors, as you can choose to send the product directly to Brazil.

What is needed to clear the Iphones at customs?

Customs is the public body of the Federal Revenue responsible for controlling the entry and exit of goods from the national territory.

It’s necessary to observe the rules imposed by the RFB to avoid complications in its operations during customs control, correctly declaring the products and paying the due taxes.

Also, do not forget to keep all tax documents and declarations of your products for later presentation, if requested by the Tax Authority.

For this reason, it’s recommended to keep in touch with a specialized consultant in case the RFB refuses to accept any tax document presented or requires any extraordinary measure.

What are the taxes and fees charged when importing iPhones?

Normally, when importing iPhones, there is an Import Tax (II), Tax on Industrialized Products (IPI), Tax on Circulation of Goods (ICMS), and contributions to PIS and COFINS.

In addition to them, there is also the customs clearance fee and the Tax on Financial Operations (IOF), resulting from your international payments.

It’s also necessary to emphasize that the products that exceed the value of US$ 50.00 will be taxed by Customs, including freight and insurance in this amount. In these cases, a fee of 60% of the value of the goods is charged.

Therefore, it’s advisable to carry out a cost survey to find out how much must be disbursed and what tax obligations must be met in each case.

In these moments, if you want to know more or need help from professionals specialized in imports, we at Koetz Advocacia will be happy to assist you!

You can contact us through our service area.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Residence Visa for foreigners

Eduardo Koetz — Tue, 08 Aug 2023 10:30:17 +0000

In this text, we explain how a foreigner can get a visa to live in Brazil and actually remain legal in the country without any problems. You will learn more about the types of Brazilian Residence Visa for foreigners.

If you need legal assistance from our team, please message us on WhatsApp.

How can a foreigner live in Brazil?

At first, foreigners must apply for a visa to come to Brazil, travel, enjoy their visa period, if they are not sure they want to become naturalized, and then apply for a residence permit 90 days before the visa expires. However, if you are sure that you want to be naturalized as a Brazilian, then you can speed up the process by arriving in Brazil and immediately requesting your residence permit.

The first authorization you will receive is a temporary one, which generally lasts for 2 years. Then, 90 days before the temporary authorization expires, apply for the permanent authorization. It is important to highlight that you need to place the order since the transformation is not automatic.

Finally, if you wish, you can request your Brazilian naturalization. The standard period is 4 years of living in Brazil with permanent authorization, but in some cases, it can be reduced to 1 year.

Do you need a Brazilian Residence Visa for foreigners to live in Brazil?

Brazilian Residence Visa for foreigners: who needs to apply?

There is no definite answer to this question, as it depends on who needs to apply for a Brazilian Residence Visa for foreigners. Brazil has a list of countries that need or do not need visas that can be found on the Itamaraty website.

Normally, if a Brazilian needs a visa to enter a certain country, it’s likely that a person of this other nationality will also need a visa to enter Brazil. This is because the country tends to use a reciprocity policy on the subject.

Some countries have diplomatic agreements with Brazil and do not need visas. It is recommendable to check the government website to clarify doubts or hire an online consultancy.

How to get a Brazilian Residence Visa for foreigners?

To get a visa to live in Brazil you need:

Request your visa at the Brazilian Embassy or Consulate in your country;
Come to Brazil;
Apply for a residence permit on the Brazilian Government website;
Attend the Federal Police to validate the request, provide documents, and interview, if requested.

Brazil has several types of visas. For example Digital Nomad, Family Reunion, Retired or Pensioner, Real Estate Investor, and Entrepreneur. You need to choose the one that best suits your true situation as well as your needs.

Therefore, it is crucial that foreigners assess their situation before starting the process of establishing residence in the country.

Which countries do not need a visa to enter Brazil?

How to get a residence permit for foreigners in Brazil?

To get a visa to live in Brazil, you need to be on Brazilian soil. That is, it’s only possible to start the process when you are already in Brazil. In general, the term of the residence permit is 2 years, but it can vary more or less.

You can start the application on the official website of the Brazilian Government. There, you must fill out forms, pay the fees and then go to the Federal Police to complete the application. In this way, authorization is obtained and allows the foreigner to live in Brazil.

How can a foreigner establish residence while in the country illegally?

First of all, it’s important that you regularize your situation before settling in Brazil. So applying for your CRNM (Carteira de Registro Nacional Migratório) is the first step for you to establish your stay in Brazil and get a Brazilian Residence Visa for foreigners.

Soon after, within a period of 90 days, it is possible to apply for a residence permit and obtain a visa to live in Brazil (remembering that the official name is a residence permit).

In addition, granting a residence permit for humanitarian reception is a possibility in some cases.

How can a foreigner reside in Brazil without having a family in the country?

The foreigner who wants a visa to live in Brazil without having a family in the country can use the following visas:

Digital Nomad;
Retired or Pensioner;
Real Estate Investor;
Businessperson;
Work visa (if you have a contract with a Brazilian company).

Not to mention that foreign citizens from countries belonging to MERCOSUR and bordering countries have easier entry into Brazil in order to obtain a visa to live in Brazil.

The text continues after the infographic.

How can a foreigner live in Brazil by buying property in the country?

For a foreigner to obtain a visa to live in Brazil for the purchase of a property, he must follow the rules established by Normative Resolution Nº. 13, of December 12, 2017:

Property in an urban area;
Built or under construction;
In the amount equal to or greater than R$ 1,000,000.00 (one million reais) in the South, Southeast, and Midwest regions of Brazil; OR
BRL 700,000.00 (seven hundred thousand reais) or more, if in the North and Northeast regions (BRL 700,000).

Therefore, a visa to live in Brazil is a reality for those interested in investing in real estate in Brazil.

How can a foreigner live in Brazil making an investment in the country?

The amount of R$150,000.00 is valid for the visa to live in Brazil when there is a purpose to invest in activities of:

Innovation;
Basic or applied research;
Scientific or technological nature.

Furthermore, the rule says that:

1 In the analysis of the request, the undertaking receiving the investment must demonstrate compliance with at least one of the following conditions:
Having received investment, funding, or resources directed toward supporting innovation from a government institution;
Be located in a technological park;
Incubated or being a graduated enterprise;
Being a finalist in a government program to support startups; or
Having benefited from a startup accelerator in Brazil.

Thus, a foreigner can live in Brazil through investment, that is, bringing capital to the country. In the case of other companies, the investment amount must be at least R$500,000.00 (five hundred thousand reais), as explained in the text on a visa to live in Brazil as an investor.

If you need legal assistance from our team, please message us on WhatsApp.

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Incoterms and International Transportation of goods

Eduardo Koetz — Mon, 07 Aug 2023 20:58:06 +0000

With the advancement of international trade, various operational means had to be universally implemented in negotiations around the world. With this purpose in mind, a manual containing ready-made clauses regarding the responsibility for the transportation of goods was created: the ICC’s Incoterms.

It’s of utmost importance for international traders to have knowledge of these terms, which will be presented here.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Leonardo Almeida Lacerda de Melo

ICC and the Origin of Incoterms

The International Chamber of Commerce (ICC), settled in Paris, is a global organization founded in 1919 with the aim of preserving globalized and systematized international trade. As the world’s largest business organization, it represents various companies worldwide at all levels of commerce.

Currently, the ICC acts as a beacon for international commerce procedures, having its own Arbitration Court for conflict resolution and thus becoming one of the most respected entities on the planet.
The organization’s idea is to promote the most favorable environment for international commerce, using its influence to shape government policies and regulations in order to promote the best possible commercial scenario.

With this goal in mind, the ICC released in 1936 what would be the first manual of logistics clauses in international commerce. This manual introduced the world to the INCOTERMS (International Commerce Terms), a set of objective and easily understandable clauses that clearly define the responsibilities of both parties in an international purchase and sale contract regarding the transportation of goods.

How Incoterms Work

As mentioned earlier, Incoterms are ready-made, objective, and clear clauses with the sole purpose of clearly defining the logistics responsibilities of the parties in an international purchase and sale contract. The Incoterms manual is updated every 10 years, with the latest version, as of the date of this post, being made available by the ICC in 2020.

The idea behind the clauses presented in the manual is to define who is responsible for each stage of the freight, where the goods will be delivered, and which party takes responsibility for any damage to the exported goods. With this intention, the manual seeks to identify points of higher risk of goods accidents, such as loading, clearly defining the responsibility at each stage of the process.

Let us now examine the Incoterms present in the 2020 book, divided into the categories E (Ex), F (Free), C (Carriage), and D (Delivery).

Incoterms: Category E (Ex)

This category has only one representing Incoterm, which is Ex Works (EXW), as shown below.

Ex Works (EXW)

In this Incoterm, all responsibility related to transportation, clearance, and insurance is borne by the Importer. The goods will be made available at the Exporter’s premises. Any mode of transportation can be used, including multiple modes if agreed upon by the parties.

Incoterms: Category F (Free)

This category includes the Incoterms Free Carrier (FCA), Free Alongside Ship (FAS), and Free On Board (FOB). The idea of this category is to transfer to the Importer the responsibility for the main carriage (between countries) and international insurance.

Free Carrier (FCA)

In this Incoterm, the Exporter is responsible for transportation to the designated place of delivery prior to the port or airport, as well as export clearance. The Importer assumes the responsibility and risk of transportation to the port/airport, loading, and all logistics to its destination. This Incoterm is valid for any mode of transportation agreed upon by the parties.

Free Alongside Ship (FAS)

In this case, for exclusively maritime transportation, the Exporter is responsible for the logistics and risk of the goods until they are alongside the ship, where the Exporter’s obligations end when the goods are ready for loading. It is important to note the distinction between keeping the goods awaiting shipment and actually loading them, as this procedure is one of the previously mentioned points of risk. Additionally, the Exporter is responsible for export clearance. On the other hand, the Importer bears the costs and risks for the remaining transportation.

Free On Board (FOB)

Being one of the most common Incoterms in the market and, like FAS, exclusively for maritime transport, in this Incoterm, the Exporter’s responsibility extends to the delivery of the goods on board the ship. The Exporter is also responsible for export clearance. The Importer handles the waterborne transportation to its destination, including costs and risks. As can be observed, the only difference between FOB and FAS is the party assuming the risk and cost of loading the goods onto the ship responsible for the maritime leg of the transport.

Incoterms: Category C (Carriage)

Here are the Incoterms Carriage Paid To (CPT), Carriage and Insurance Paid To (CIP), Cost and Freight (CFR), and Carriage, Insurance, and Freight (CIF). The idea of this category is to transfer the costs related to the main carriage (between countries) to the Exporter. In this category, differences in costs and responsibilities between the parties arise, so it is valid to define the distinction between risk, which is the party assuming responsibility for any damage to the goods, and cost, which is the party responsible for covering the expenses of the stage.

Carriage Paid To (CPT)

In this Incoterm, the Exporter will bear the COSTS related to transportation to the port/airport, as well as the loading of the goods and their freight to the destination country (main carriage). However, the Exporter’s RISKS end upon delivering the goods to the main carrier (who will handle the international freight).

Therefore, although the main transportation is paid for by the Exporter, the risks are borne by the Importer, who must obtain international insurance, as well as cover all unloading, import clearance, and transportation to its destination. Any mode of transportation can be used.

Carriage and Insurance Paid To (CIP)

In this case, the responsibilities for COST and RISK are the same as in the CPT Incoterm, meaning the Exporter covers the costs until the completion of the main carriage, but the risk of the main carriage falls on the Importer, who also covers unloading and transportation to its destination and handles import customs clearance. The difference lies in the international insurance, which, in this case, must be paid for by the Exporter. Any mode of Transportation can be used.

Cost and Freight (CFR)

In this Incoterm, the Exporter covers the costs of transportation to the destination port in the Importer’s country, while its risk is limited to the loading of the goods. The Importer is responsible for international insurance, risks of the main carriage, as well as unloading, import clearance, and the remaining transportation to its destination. The subtle difference between CFR and CPT lies in the mode of transportation: CFR is exclusively for maritime transport.

Cost, Insurance, and Freight (CIF)

Considerably common, in this Incoterm, the Exporter is responsible for the costs of transportation to the destination port in the Importer’s country, bearing the risks until the goods are loaded onto the ship responsible for the main carriage. However, unlike CFR, the Exporter must arrange international insurance for the main carriage of the goods.

The Importer handles unloading, clearance, and transportation to its destination and assumes risks from the time the goods are loaded onto the ship (throughout the main carriage, which was insured by the Exporter). The only difference between CPT and CIF is that the latter is exclusively for maritime transport.

Incoterms: Category D (Delivery)

Represented by the Incoterms Delivered at Place (DAP), Delivered at Place Unloaded (DPU), and Delivered Duty Paid (DDP), in this category, the Exporter assumes the risks and costs of international transportation to the destination port. All modes of transportation can be used for the Incoterms in this category.

Delivered at Place (DAP)

In this Incoterm, the Exporter is responsible for and covers the costs of transportation to the destination port/airport. The Importer takes charge of unloading the goods (a critical point), import clearance, and overland transportation to its destination.

Delivered at Place Unloaded (DPU)

This Incoterm provides for the Exporter’s responsibility until the goods are unloaded, which the Exporter will fund and assume the risks until arrival at the destination port/airport, including unloading. The Importer, therefore, handles import clearance and overland transportation to its destination.

Delivered Duty Paid (DDP)

In this Incoterm, the entire responsibility and risk of transportation, as well as export and import clearance, must be borne by the Exporter, who shall deliver the goods at the Importer’s destination.

The Necessity for Specialized Representation in Negotiations

As demonstrated, international transportation logistics have several critical points where clarity regarding each party’s responsibility is necessary. Therefore, it is essential to seek the assistance of specialized lawyers in negotiating the export contract, such as those from Koetz Advocacia, who can analyze the defined logistics terms.

If you need legal assistance from our team, please message us on WhatsApp.

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Homologation of foreign judgment

Eduardo Koetz — Thu, 03 Aug 2023 20:01:36 +0000

The process of homologation of a foreign judgment in Brazil is a process that raises many doubts. In general, the interested party must ratify the foreign judgment for it to take effect in Brazilian territory.

In this article, we will provide complete information on how the process of Homologation of a foreign Judgment works in Brazil. In addition, we will analyze the requirements for homologation to occur and its effects.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Velozo de Mello Marchiori

What is the Homologation of a Foreign Judgment?

First, we will analyze the Foreign Judgment Approval process and understand its purpose.

In this context, a foreign sentence is a judicial sentence that was handed down abroad, but which seeks to produce its effects in the Brazilian territory. For this sentence to be able to generate effects in Brazil, it needs to go through this approval process.

The competence to analyze the homologation request currently belongs to the Superior Court of Justice. Therefore, the approval process is not something simple and immediate.

This analysis by the STJ does not analyze the merits but verifies compliance with six main requirements. The Code of Civil Procedure defines these requirements for a foreign judgment to be valid in the country.

We will now analyze what these requirements are.

What are the six requirements for the Homologation of a Foreign Judgment in Brazil?

Brazilian law establishes six essential requirements for a Foreign Judgment to be ratified in Brazil.

The first requirement listed is about the competent authority. The STJ will analyze whether the country in which the sentence was handed down was competent for the case. This analysis intends to verify if the sentence should not have been handed down in Brazil since it will produce effects here.

Article 964 of the CCP expressly provides:

“A foreign decision will not be ratified in the event of exclusive competence of the Brazilian judicial authority”.

The second requirement will be a regular citation. It means to say that the citation is also an essential element for the validation of the foreign sentence.

The foreign decision must be preceded by a regular citation, even if the defendant is absent in the process. That is, it must be demonstrated that the defendant was duly summoned, even if he did not participate directly in the process.

The third requirement is about effectiveness in the home country. The third item of art. 963/CCP determines that it will be essential that the foreign judgment be “effective in the country where it was issued”.

The STJ’s current understanding is that it is not necessary for the decision to become final and unappealable, but for the decision to be effective. That is, the decision must be capable of producing its effects.

The fourth requirement is the non-offense to the Brazilian res judicata. Res judicata means the repetition of an action that has already been decided by a sentence, which cannot be appealed.

It is important to emphasize that the existence of an ongoing lawsuit in Brazil does not prevent the ratification of a foreign judgment on the same situation.

Sworn translator

In turn, the fifth requirement involves the official translation of the foreign judgment. A sworn translator in Brazil must translate the sentence.

The sworn translator must pass a public tender and be registered with the Board of Trade of the state in which he works. If you want more details about sworn translation, access our article.

Finally, the last requirement is that foreign judgment must not offend national public policy. This is a very subjective requirement, which will be subject to direct interpretation by the Superior Court of Justice.

The general understanding is that public order is related to respect for fundamental rights and guarantees for the good and regular functioning of society. The STJ provides that the foreign judgment to be ratified in the country must be in accordance not only with national public order but necessarily also with the principle of human dignity and with Brazilian sovereignty.

In summary, the requirements for the approval of the foreign judgment are:

Competent authority;
Regular citation;
Effectiveness in the country of origin;
Do not offend Brazilian res judicata;
Sworn translation;
No offense to public order.

What is the Foreign Judgment Approval process like?

As we saw earlier, the competence to analyze the request for approval rests with the Superior Court of Justice. The lawyer, representing the applicant, will petition before the STJ.

It will be necessary to propose an electronic initial petition by the applicant addressed to the current president of the Superior Court of Justice.

The request must contain the original decision, or its certified copy, in addition to other documents considered indispensable. The applicant must arrange for a sworn translation of all documents that are not in Portuguese. In addition, it will be necessary to pay costs when filing the action for admission.

If so, the interested party must present its defense within 15 days of the summons. The Special Court will hear the case after the answer is received.

Once the foreign judgment has been ratified, it will not have enforceable force by itself. That is, the effects of the sentence will not take effect automatically.

The interested party will request compliance with the foreign judgment with the competent federal court. The party will have to comply with the terms of the common procedure for the enforcement of a national decision.

In which cases will the foreign judgment not have to be ratified to produce effects in Brazil?

There are exceptions in which the foreign judgment does not need to be ratified to produce effects in Brazilian territory. These exceptions are mostly related to treaties and international agreements that Brazil makes with other countries.

However, there are exceptions provided for in Brazilian legislation itself. For example, the law provides that the foreign judgment of consensual divorce takes effect in Brazil, regardless of ratification by the STJ.

One of the most relevant exceptions concerns Mercosur. The recognition and enforcement of judgments and arbitral awards between the founding States of Mercosur is simplified.

The founding members of MERCOSUR, Brazil, Argentina, Paraguay, and Uruguay.

There is no complete exemption from the process of homologation of foreign judgments from the founding States of Mercosur. However, there is a more simplified procedure, identical to that applied in the case of rogatory letters.

If you need legal assistance from our team, please message us on WhatsApp.

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Activities that require a Brazilian partner to be carried out in Brazil

Eduardo Koetz — Tue, 01 Aug 2023 10:30:34 +0000

In this text, you will read about activities that require a Brazilian partner to be carried out in Brazil. Therefore, understand the main requirements and rules established by the Brazilian Government. Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Which are the activities that require a Brazilian partner in Brazil?

In Brazil, activities that require a Brazilian partner:

Mining;
Journalism, sound, images, or broadcasting;
Cabotage and Navigation;
Healthcare assistance;
Exploration of oil and natural gas;
Cable TV;
Road cargo transportation;
Nuclear energy;
Postal and Telegraph services;
Aerospace industry;
Exploration of water, forest, fishery, energy, and geological resources;
Tourism;
Education, leisure, and culture;
Sanitation and water services;
Among others.

Some mandatory percentages of Brazilians in corporate structures:

Cabotage and Navigation company: foreign participation must be less than 50%;
Cable TV company: participation of native-born or naturalized Brazilians (for more than 10 years) must be 50%;
Road cargo transportation company: 80% of the company must be composed of Brazilians;
Mining company: Brazilian participation needs to be 51%.

Why does this restriction exist in some activities?

This restriction exists because according to the Federal Constitution, certain types of activities need to remain in Brazilian hands due to national strategy and sovereignty. I.e, they are activities that require a Brazilian partner.

Can a naturalized foreigner be a partner in these activities that require a Brazilian partner?

It depends! They can be a partner because they are no longer a foreigner, but they need to meet a time criterion. In other words, a naturalized Brazilian is on equal footing with a native-born Brazilian under Brazilian law in most situations. However, to qualify as a partner in companies in strategic areas, they need to have a minimum of 10 years of naturalization in certain areas. These areas include:

Journalism, sound, images, or broadcasting;
Cable TV.

However, nothing prevents them from working on activities that require a Brazilian partner mentioned earlier during the period before completing the 10 years.

What alternatives are available for foreigners interested in these areas but do not have Brazilian partners?

In summary, the alternatives for a foreigner interested in these areas but lacking Brazilian partners are to invest in existing companies in Brazil.

By doing so, the foreigner maintains their interest in these respective activities and can rely on Brazilian presence.

Another alternative is to invest in areas that allow foreign presence. In other words, they require a minimum percentage of Brazilian partners on their board but do not have restrictions on foreign investment possibilities.

How can a lawyer assist in cases of activities that require a Brazilian partner?

Initially, a foreigner can rely on a lawyer to assist in activities that require a Brazilian partner because:

A better understanding of Brazilian norms and laws;
Comprehension of documents and procedures;
Reduction of bureaucracy;
Development of a more appropriate strategy for their case;
Support in decision making and foreigner’s choice.

What other restrictions may exist for creating or operating a company in Brazil with foreign partners?

Foreigners should be aware when creating or operating a company in Brazil to comply with the Brazilian Government’s legislation. Thus, the major restriction is the percentage of partners that the aforementioned companies must have. In other words, the presence of Brazilian partners in the company maintains Brazil’s sovereignty.

However, it is important to note that other activities allow foreigners to operate in Brazil without restrictions on the corporate structure.

Considerations when operating in Brazilian companies

Therefore, we can highlight some of the main considerations when operating in Brazilian companies:

Determine which areas you can operate in;
Understand the restrictions in your area of interest;
If you wish to operate in a company with Brazilian partners, look for an established company with a mostly Brazilian corporate structure or seek a partner to open a new company;
If you find it complex, seek the assistance of a lawyer specialized in international law to help develop the best strategy for your case.

If you need legal assistance from our team, please message us on WhatsApp.

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Crimes in China that are not crimes in Brazil

Eduardo Koetz — Mon, 31 Jul 2023 21:50:52 +0000

Foreigners who commit crimes in China and move to Brazil will not always be extradited. In this article, you will learn everything you need to know about the differences between the criminal laws of both countries and how extradition works between them. See everything about crimes in China that are not crimes in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Mariana Cruz de Lemos

For which crimes in China would a foreigner not be extradited from Brazil?

There are several crimes listed in the Chinese Criminal Code that would not allow for the extradition of a foreigner by Brazil if they were to come to live in the country.

This is because these crimes are punishable in China but not in Brazil, are considered minor offenses under Brazilian law, or are purely military, political, or related to opinions.

These crimes include:

Producing or disseminating pornography with the consent of the person depicted
Separatism (participating in a movement aimed at splitting the State)
Treason (acts that undermine the sovereignty of the country);
Armed rebellion and riots;
Collaboration with the Enemy (when a foreign state takes military action against China, a person who sides with the foreign state by providing military service to such state or otherwise gives a military advantage to such state);
Espionage (obtaining privileged government information);
Stealing, spying, illegally buying, and providing state secrets and intelligence abroad;
Providing material support to the enemy;
Defying orders during wartime;
Hiding and lying about military matters;
Refusing to convey a military order or transmitting a false military order;
Surrender (giving up fighting in a military confrontation);
Fleeing during wartime;
Desertion (abandonment of military service/post);
Spreading rumors during wartime;
Stealing, spying, illegally buying, and providing military secrets abroad.

How does extradition work?

Extradition is an act of cooperation between countries that involves the surrender of a person from one country to another.

The extradition can occur in two situations:

For the purpose of providing evidence in an investigation or criminal proceedings that the requested person is involved in.
For the purpose of fulfilling a sentence already imposed on the convicted person.

The extradition request will be presented to the Supreme Federal Court, which will analyze the properties of the case and decide whether it meets the requirements stipulated by relevant legislation.

There is no stipulated time period for the duration of the extradition process; it varies according to the characteristics of each case.

Who can and cannot be extradited from Brazil?

The Federal Constitution stipulates in Article 5 that: “No Brazilian shall be extradited, except the naturalized ones in the case of a common crime committed before naturalization, or in the case there is sufficient evidence of participation in the illicit traffic of narcotics and related drugs, under the terms of the law.”

This means that a born Brazilian will never be extradited, regardless of the crime committed in another country.

A naturalized Brazilian may be extradited in two situations: when he or she committed a common crime before becoming a Brazilian citizen or when he or she was involved in illicit drug trafficking.

For foreigners in Brazil, their cases must be analyzed individually, taking into account the laws of their country of origin and Brazilian legislation.

Is it possible to extradite a foreigner with a Brazilian child? What about someone married to a Brazilian citizen?

Yes, according to STF (Brazilian Supreme Court) ruling 421, even if a foreigner is married to a Brazilian or is a parent of a Brazilian child, they can still be extradited.

What law governs the extradition process in Brazil for crimes in China that are not crimes in Brazil?

Brazil has already signed extradition agreements with several countries, which means that specific rules must be followed according to the country that is making the extradition request.

To consult all the extradition agreements already made by Brazil, click here.

If there is no extradition treaty between Brazil and the requesting state, then the regulations outlined in Decree-Law No. 394, enacted on April 28, 1938, must be followed, as long as there is a promise of reciprocity between the two countries.

Since 2004, China and Brazil have had an extradition treaty between them.

In what cases can a foreigner not be extradited?

Decree-Law No. 394 provides for cases in which extradition will not be granted. They are:

When it is not an offense under Brazilian law or the law of the requesting State.
When Brazil is competent, according to its laws, to judge the offense.
When Brazilian law imposes a prison sentence of less than one year for the offense, including attempted, co-authorship, and complicity.
When the extraditee is being prosecuted or has already been convicted or acquitted in Brazil for the same offense that determined the request.
When the offense has been prescribed, according to the law of the requesting State or Brazilian law.
When the extraditee has to answer, in the requesting country, before a special court or tribunal.
When the offense is: a) purely military; b) against religion; c) a political or opinion crime.

This means that Brazil does not extradite a foreigner when the crime for which he or she is being accused is not a crime in Brazil or his or her sentence would be less than one year.

Next, you will see that Brazil also does not extradite foreigners when they are convicted or could be sentenced to death, life imprisonment, or corporal punishment. For the extradition of a foreigner for a crime that could be punished in such a way, the requesting country needs to promise not to apply such penalties.

In what cases is there a death penalty in Brazil?

The Brazilian constitution only authorizes the death penalty for military crimes committed during declared times of war.

In other words, any non-military crime committed during a war situation in Brazil cannot be punished with the death penalty. Therefore, there is no crime punished with the death penalty in China that is also punished with the death penalty in Brazil.

Thus, no foreigner who is sentenced to death in their country of origin or who may be sentenced can be extradited from Brazil, regardless of their crime.

For extradition to occur, China must ensure that the extradited person will not be subject to the death penalty.

In what cases is there a life sentence in Brazil?

There is no life imprisonment in Brazil.

In fact, Brazilian law establishes a maximum limit of 40 years for the imprisonment penalty, so it is illegal for anyone to be imprisoned for more than 40 years in the country.

Thus, Brazil does not extradite foreigners to China who are sentenced to life imprisonment in the requesting country, regardless of the crime committed.

For the extradition of the foreigner to take place, China must adjust the penalty to respect the 40-year imprisonment limit provided for in Brazilian law or commit to not applying a penalty exceeding 40 years.

In the case of China, which also applies forced labor penalties, such penalties cannot be applied to the extradited foreigner. Either China promises not to apply this type of penalty, or Brazil will not grant extradition.

In summary: Crimes in China that are not crimes in Brazil

In summary, for crimes in China that are not crimes in Brazil, it can be said that the main situations in which a foreigner will not be extradited to China are:

The crime has already become time-barred. (It is worth noting the prescription period in Brazil is shorter compared to many crimes in Cina, especially regarding crimes committed during extrajudicial, judicial, or bankruptcy proceedings).
The crime is political (committed with ideological purposes against the sovereignty of the State), military, or related to opinion;
The act committed is not considered a crime in Brazil or is not punishable under Brazilian law (when the crime committed is not a crime in Brazil or when the offender at the time could not be punished by Brazilian law, such as minors under 18 years old);
The foreigner may or has already been sentenced to death or life imprisonment;
The penalty for the crime is less than one year under Brazilian law;
The foreigner may face human rights violations;
The foreigner can be tried in Brazil or has already been acquitted in the country.

If you need legal assistance from our team, please message us on WhatsApp.

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Advantages of Family Succession in Brazil – a comparison to Russia

Eduardo Koetz — Fri, 28 Jul 2023 20:03:07 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and in Russia, as well as highlight the advantages which Brazil offers for the succession process started in its territory.

If you wish to be assisted by a specialist lawyer, click here.

Author: Lucas Gomes Furtado

How much is the inheritance tax rate in Brazil and in Russia?

Generally, after the death of a relative, the heirs or beneficiaries who will inherit their estate are also responsible for the payment of inheritance tax.

This usually happens in several countries around the world, and each of them has its own specific rules regarding the payment and charging of this tax.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

This means that, according to Brazilian law, there cannot be an inheritance tax rate higher than 8% in relation to the value of the property transmitted to the heirs after death.

In Russia, since 2006, no specific tax has been charged on inheritance, but it is possible that heirs be charged other types of taxes by the Russian government.

As an example, receiving assets such as vehicles, company shares, or properties from someone who is not your relative could result in having to pay taxes which may reach 15% on the value of the asset.

Therefore, if the decedent left the property in a will for someone who was not related to them, the payment of the tax must be made. If the person who received the property is not a resident of Russia, the rate may be as high as 30%.

How does the division of property work in Russia?

Just as it happens in Brazil, Russian law has determined an order of preference in regard to the heirs who have the right to inherit property from a deceased person.

Therefore, within Russian territory, there are seven categories of heirs that must be followed in order for the succession of property to occur. They are:

first category: the spouse, parents, and children of the deceased (or the children’s children, if the children are deceased);

second category: siblings (including half-siblings), as well as paternal and maternal grandparents of the deceased;
third category: uncles and aunts of the deceased (or their children, if they are deceased);
fourth category: great-grandparents of the deceased;
fifth category: grandnephews, grandnieces, granduncles, and grandaunts of the deceased;
sixth category: more distant relatives;
seventh category: stepchildren and stepparents of the deceased.

Thus, according to Russian laws, at least 50% of the deceased’s estate must be left for first-category heirs, irrespective of the deceased’s original intent.

This means that a Russian citizen can leave only up to 50% of their inheritance to other people, as the other half belongs to first-category heirs, exactly how it also happens in Brazil.

Russian legislation is quite similar to Brazilian legislation in this aspect, which also guarantees that at least 50% of all the estate must be divided among the necessary heirs – descendants, ascendants, and the surviving spouse.

Also, the existence of heirs from a preferential category prevents relatives from other categories from becoming heirs.

Therefore, whenever there is no will, the division of property in Russia must happen among first-category heirs in equal shares, taking into consideration that grandchildren may inherit by representation if their parents are deceased.

If there is no surviving spouse, children/grandchildren, or parents, the estate will be divided among the second category heirs, or in other words, the deceased’s siblings, and grandparents.

This process repeats itself if there are no surviving second-category heirs, in which case the third-category heirs will inherit all the property, and if they are no longer alive, the fourth-category heirs will.

Finally, if there are no surviving relatives up to the sixth category, the estate will be left for relatives by affinity, such as the stepchildren and stepparents of the deceased.

Besides, one curious fact about Russian law is that all heirs must necessarily accept the inheritance, within six months from the day of death, for them to be able to inherit the share of property they are entitled to.

To do that, they must fill out an application of inheritance or request a certificate of right to inherit to a local notary office because only then they will have access to the proceeding of the division of the deceased’s property.

Are there any obstacles or prohibitions to inheriting in Russia?

As happens in many countries around the world, Russia has also established some limitations regarding the right to inherit in specific situations, which are usually related to the conduct of the heirs.

Similarly to Brazilian law, Russian law provides cases where an heir may be considered unworthy of inheriting, as long as there is proof of their acts in court, or they may be disinherited by the estate owner.

Hence, heirs who have attempted on the deceased’s or other heirs’ life, or who have committed another serious crime against them, are not entitled to receive inheritance.

Likewise, heirs who have tried to prevent the estate owner from making a will, who have influenced them on their choices, or who have attempted to modify the content of the document, are also not going to inherit.

Another existing situation that prevents an heir from inheriting is when parents have their parental rights terminated regarding a child in court, and they will not be able to inherit if this child dies.

Finally, the Russian legislation also prevents the children of heirs who were previously considered unworthy from representing them in the succession process, which means that, if a child must not inherit, their own children (the deceased’s grandchildren) will not be able to inherit in their name either.

What are the advantages of starting a family succession in Brazil?

In comparison to Russia, Brazil offers certain advantages for whoever decides to start their family succession here.

After all, as it was mentioned before, in Brazil there is only one way to charge inheritance tax, and the tax rate is limited to 8% on the market value of the property.

Even though Russia has abolished inheritance tax in its territory, it is common for heirs to pay other types of taxes depending on each specific case.

Thus, in these situations, heirs may pay taxes whose total amount equals or may even be higher than the Brazilian inheritance tax rate limit.

Therefore, it is clear that the costs for the heirs to be able to access their inheritance in Brazil are often lower than in other countries.

Besides that, in Brazil, it is also possible for the estate owner to get a private pension plan, which may influence the potential division of their property after death.

That is because the private pension plan holder can define how the division of this money will happen after their death by naming any person they want as a beneficiary to receive them.

In other words, this amount of money related to private pensions can be received by the beneficiaries irrespective of the course and the conclusion of the inventory proceeding.

Another interesting possibility to be considered is the creation of a holding company by the owner of the estate.

In this kind of company, it’s possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

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Inheritance tax in Brazil

Eduardo Koetz — Wed, 26 Jul 2023 18:57:23 +0000

The death of a relative is always a delicate issue that demands a lot of attention, as bureaucracy and several documents, proceedings, and deadlines must be dealt with as a consequence of someone’s passing. Even more so when it comes to inheritance tax in Brazil.

Some people believe that, after the death of a relative, the heirs are automatically entitled to all the property left by this relative, but some legal requirements must be fulfilled before this happens.

One such requirement is the payment of inheritance tax, which must be made by the heirs, and, in Brazil, it is named ITCMD (Imposto sobre transmissão causa mortis e doação).

In this text, we are going to explain how the inheritance tax works in Brazil, the low rate of this tax around here, and whether it is worth bringing your property to Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

Inheritance tax rate of 8%: is it advantageous for someone to bring their property to Brazil?

As it was mentioned before, ITCMD is nothing more than the inheritance tax which must be paid by the heirs after the death of a person, at the start of the inventory proceeding.

In Brazil, this tax is calculated on the market value of the property, and the percentage changes from state to state, but it must be from 0% (in specific situations of exemption) and 8%, which is the limit established by Brazilian legislation.

At first, for many Brazilians, the tax rate limit of 8% may seem like a high percentage of inheritance tax, but it is actually considered low in comparison to many other countries.

For instance, in some well-known countries such as Belgium, France, and Japan, inheritance tax rates can reach 80%, 60%, and 55%, respectively.

Because of this, the Brazilian inheritance tax rate limit may be seen as an incentive for someone to have their family succession inside Brazilian territory.

Therefore, it can be interesting for a foreigner or for a Brazilian who owns property abroad to bring this property to Brazil, with the intention of planning their succession in accordance with Brazilian law.

How is each inheritance share divided?

When a person dies, their heirs are each entitled to a specific share of their property, which is called “quinhão” by the legislation.

However, each share is not always equal, which means that some heirs may inherit more than others, as an order of preference has been established by law and must be followed by the heirs.

Similarly, depending on the case, not all possible heirs are going to receive a share, also because of the same order of preference, which may exclude more distant relatives from inheriting anything.

In general notes, Brazilian law has determined that the following order must be followed:

a) The descendants, alongside the surviving spouse, depending on the matrimonial regime chosen for the marriage;
b) The ancestors, alongside the surviving spouse;
c) The surviving spouse;
d) Collateral relatives.

It’s possible to notice that the descendants – the children, grandchildren, and great-grandchildren of the deceased – have the preference to inherit, followed by the ancestors, such as parents, grandparents, and so on.

When it comes to the surviving spouse, the matrimonial regime will determine whether they will inherit or not.

For example, if the surviving spouse and the deceased person married under separation of property or partnership of acquests, they will inherit alongside the descendants.

However, if the matrimonial regime is partial community property, it’s necessary that there is particular property from the deceased in order for the surviving spouse to inherit along with the descendants.

Finally, the collateral relatives will only be entitled to inherit if there are no surviving descendants, ascendants, or spouses. The order is siblings, nephews and nieces, uncles and aunts, and cousins, and the closest ones exclude the most remote ones.

How is the transfer of money after death in Brazil?

When we speak about the transfer of goods from a deceased person, we usually think first about movable and immovable goods, such as a car or a house, for instance.

Nevertheless, it’s also common for people to leave a specific amount in a bank account or financial applications. In this scenario, is this amount also going to be passed to the heirs?

Yes, this money must also be mentioned in the inventory proceeding as it’s considered a part of the property of the deceased, and, at the end of the proceeding, it will be released to the heirs after the inventory is complete.

The release of this amount usually happens through a judge’s order, if it’s a judicial proceeding, or through the actual inventory deed, both of which have the power to allow the collection of this money at financial institutions.

Also, in general, bank deposits and financial applications are usually exempt from ITCMD as long as they do not exceed a specific limit, which varies among each federative state.

As it has been mentioned, however, each state has distinct laws in regard to how ITCMD is charged, and it is essential that the people interested in this subject seek information about the specific laws in that state.

How is the transfer of private pension money after death?

Now, let’s suppose that the deceased person has left an amount of money in a private pension plan. How must the transfer of this money be done? as is the inheritance tax in Brazil?

Generally, money related to a private pension plan is not considered part of the inheritance, which means that it does not necessarily need to be included in the inventory, as it is similar in nature to life insurance.

Accordingly, most Brazilian states do not charge ITCMD on money left in private pension plans. However, it is important to remember that these rules are not absolute and may change according to each federative state.

If there is no need to include it in the inventory, this money will be divided among the beneficiaries in the exact way that the pension holder decided while alive, irrespective of whether they are legal heirs or not.

This division can also happen while the inventory proceeding is still ongoing, as it is not necessary for the beneficiaries to wait for the end of the inventory in order to ask for this money.

Therefore, when we talk about private pensions, the holder can freely choose whomever they wish as the beneficiaries of this amount of money, which will be divided among them after the death of the holder.

This happens because, as opposed to what happens with inheritance, private pensions do not follow any order of preference and the division of money must only follow the wishes of the deceased holder.

What about fixed-income investments?

Contrary to private pensions, any money left and related to fixed-income investments must be included in the inventory proceeding of the deceased investor.

When this happens, broke dealers normally block the account as soon as they find out about the death of the investor, preventing new movements from happening to protect the money.

Despite the block, any amount of money in that account will keep returning for the whole course of the inventory proceeding, and any dividends or titles from this period will also remain in the account.

Because it is included in the proceeding, this money will only be received by the heirs after its conclusion, or, if they wish, they may opt for the ownership transfer.

This type of investment can be interesting from the perspective of the high basic interest rate in Brazil, which is named “taxa Selic”, and it usually attracts new investors every year.

From 2022 to the present moment, the Selic interest rate has been maintained at 13.75% a year.

Also, the rentability of fixed-income investments tends to be attractive to investors even in the short term, especially in comparison to variable income, in which one cannot foresee the rentability of their assets.

Therefore, fixed-income investments may be a good alternative for anyone who seeks rentability in a relatively fast way, and that can also be transferred to their heirs after the death of the investor.

How does the extrajudicial inventory proceeding work?

When we speak of starting an inventory proceeding of the property of a deceased person, it does not mean that it will be a complex and everlasting process: it mainly depends on the number of goods, heirs, and the relationship among them.

That is because this inventory can be made judicially or extrajudicially.

In the first option, the inventory must be started through a lawsuit in court, where the judge is going to decide about the division of the property of the deceased at the end of the proceeding.

In the second option, the inventory can be done in a notary office through a public deed by gathering documents related to the deceased person and by paying notary fees.

This last type of inventory has been created with the intention of simplifying and facilitating the process. It can be done in certain situations, as long as the following requirements are present:

all heirs must be over eighteen years of age and not incapacitated;
there must be an agreement among the heirs in regard to the division of property, with no disagreements;
there must be no will left by the deceased.

Thus, the extrajudicial inventory offers many advantages in comparison to the judicial inventory.

The first one is the agility of the process, since there is a previous agreement among the heirs as to how the division of the property will happen, and it can be finished in weeks or months, much quicker than the average judicial lawsuit.

Besides that, the notary fees are much cheaper than most costs that are involved in a judicial lawsuit, where hearings and other diligences are common before its conclusion, e.r the inheritance tax in Brazil.

Also, it’s relevant to mention that the extrajudicial inventory can be done in any notary office around the country, regardless of where the property is located and where the heirs live.

Finally, it is possible to notice that the extrajudicial inventory may be a great tool for the heirs to save time and money and also to finish this bureaucratic process in a quicker way.

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Brazil’s main trade partners nowadays

Eduardo Koetz — Tue, 25 Jul 2023 10:30:54 +0000

Much is said about a country’s exports and imports, as well as its economic relationship with the world. However, do you know Brazil’s main trade partners? In this text, we will try to explain the main relationships that the country has inside and outside Latin America. Therefore, understand how one of the largest countries in the world relates to the countries of the globe. Check out!

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What are a country’s trading partners?

A country’s trading partners are those that maintain a type of trade agreement. That is, with which an exchange based on imports and exports is established. In other words, the commercial relationship is based on the purchase and sale of products between countries. Furthermore, in a commercial partnership, both sides need to benefit.

This means that for Brazil to benefit, it does need to have a counterpart for the commercial partner, whatever it may be.

Why are international trade partners important for Brazil?

For Brazil, international trade partners are important because it’s a way of paying the country’s bills, generating a considerable amount from exports. That is, the nation needs to maintain good trade relations. In this way, the country manages to develop its economy within its territory and internationally as well. In practice, this can result in economic improvement and positive impacts on the quality of life of the population in its various social sectors.

Brazil’s main trade partners and Brazilian exports in 2022

Brazil has several partners around the world, as you can see in this article. However, it’s worth mentioning that in 2022 alone, Brazilian exports reached US$89.5 billion, according to the Quarterly Bulletin of the Brazilian trade balance. In addition, there was a growth of 16.1% compared to the same quarter of the previous year, 2021.

Brazil’s main trade partners and main Brazilian activities

Since Brazil stands out as one of the world’s great exporters, it’s worth mentioning the great Brazilian exports. Thus, in 2022, the manufacturing industry contributed 55.3%, the extractive industry with 22.7%, and agriculture with 21.5%.

But what are these industries?

Transformation industry: these are production systems that transform one good into another, that is, raw material and good for the industry;
Extractive Industry: extracts resources and their characteristics from nature, raw materials are found in nature itself;
Agriculture: is a set of plant cultivation (agriculture) and animals (livestock) for human consumption or supply of raw materials.

List of Brazil’s main trade partners

Brazil’s main trade partners are currently:

U.S;
China;
Chile;
Argentina;
Germany;
Netherlands;
Portugal;
Middle East countries.

How is Brazil’s trade partnership with the United States?

In short, the United States is one of Brazil’s main trading partners, accounting for 14% of Brazilian exports. The main items that form part of this commercial partnership are aircraft, equipment for earthmoving and drilling, machinery, and manufactured products. Incidentally, Brazil sells crude oil, gasoline, and even iron and steel to the United States. While the United States trades in fertilizers, oils, and minerals.

To give you an idea, in 2022 alone, Brazilian imports to the United States amounted to 24.3%, while products from the United States to Brazil totaled 30.3%.

How is Brazil’s trade partnership with China?

China is the country that imports the most from Brazil, generating a volume greater than 46.2 billion dollars in imports in the period 2022. Furthermore, the main products that are traded are soybeans, petroleum-based oils, and iron ore.

Brazil sells mineral fuels, food products, and chemical products to China. China is responsible for selling soybeans, iron ore, and oil to Brazil.

How is the commercial partnership between Brazil and Chile?

At first, Chile was the 5th largest destination for Brazilian exports in 2021, moving almost 4 billion dollars.

Chile buys beef, oil, and vehicles from Brazil. While Brazil imports natural gas, vehicle accessories, and telecommunications equipment.

How is the commercial partnership between Brazil and Argentina?

The commercial partnership between Brazil and Argentina generated almost US$11 million in 2022 alone. Brazil imports fertilizers, petroleum fuel oils, and minerals from Argentina. While Argentina buys food products, raw materials, and chemicals.

How is the commercial partnership between Brazil and Germany?

Germany is among the 3 countries that most import from Brazil. The main products that Germany buys from Brazil are soybeans, coffee, and copper ore. Brazil, on the other hand, buys manure and fertilizers, petroleum and mineral fuel oils, as well as natural gas from Germany.

In this way, the economic partnership between the two countries totaled around 72.4 billion dollars in 2022.

How is the commercial partnership between Brazil and Portugal?

Portugal is another major economic partner of Brazil. Brazil contributes to the partnership largely with soy and fuel and Portugal with olive oil and aircraft components.

How is the commercial partnership between Brazil and the Netherlands?

The Netherlands is the 4th country that buys products from Brazil. In summary, the main items to be traded by both nations are iron ore, soy, iron, and steel.

Brazil exports food products, mineral fuels, and chemical products to the Netherlands. While buying medicines, pharmaceuticals, fertilizers, and fertilizers.

How is Brazil’s trade partnership with the Middle East?

Middle Eastern countries have the largest trade surplus for Brazil. In other words, they are among Brazil’s main trading partners, with Brazilian exports exceeding US$7 billion in 2022 alone. The biggest products to be traded by the countries are chicken meat, beef, sugar, and corn.

By the way, the Middle East exports poultry meat, iron ore, corn, and soy from Brazil. While Brazil buys crude petroleum oils, fertilizers, and fertilizers from the Middle East.

Brazil’s main trade partners with MERCOSUR countries

MERCOSUR, formed mainly by Brazil, Argentina, Paraguay, and Uruguay, is a significant economic bloc for Brazil’s trade relations. Brazil’s main commercial partners within MERCOSUR are Argentina, Uruguay, and Chile, which is a country associated with the bloc.

Brazil imports pharmaceutical products, meat, and clothing from MERCOSUR. Brazil, on the other hand, sells automobiles, petroleum derivatives, and chemical products.

Brazil’s main trade partners and the percentages in 2022

In this way, Brazil maintains different commercial relations with a large number of countries around the world. Thus, the main partners, as we have seen, are in South America, the European Union, the United States, China, and the Middle East.

In 2022 alone, products exported by Brazil grew by 19.1%, which generated around 61.8 billion dollars. A surplus (when exports are greater than imports) in the trade balance, surpassing the country’s trade growth in 2021.

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Inheritance Tax in the World – Complete Chart

Eduardo Koetz — Thu, 20 Jul 2023 18:26:26 +0000

Have you ever thought that, after a person dies, the heirs to their estate will need to find documents, ask for certificates, and even pay taxes?

In Brazil, the inheritance tax is called ITCMD (Imposto de transmissão causa mortis e doação) but it’s not unique to our country.

Inheritance taxes are among the most common taxes around the world, although each country determines its own rules, amounts, exemption situations, and how they are going to be charged.

Knowing this, this article will bring a chart with the main countries where this tax exists and its percentage. We are also going to explain how the inheritance tax works in Brazil and the advantages in relation to other countries. Let’s check it out!

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Author: Lucas Gomes Furtado

How must the inheritance tax be paid in Brazil?

After the death of a person, their heirs must start the inventory of all property belonging to the deceased. In this moment, they also have to pay the ITCMD (Imposto de transmissão causa mortis e doação) tax.

This tax will be due whenever there is the transfer of goods (whether movable or immovable property), or the transfer of rights, from one person to another, in case of death or donation, and it is calculated on the market value of the property.

Therefore, because it is a state tax, ITCMD must be paid to the federative state where the inventory was started, and each Brazilian state has its own rules for payment.

This means that the tax percentage varies from state to state: in some, there is a flat rate, but in others, the percentage may change depending on the case, according to the value of the property and the degree of kinship.

In several states, the tax is progressive, which means that the higher the total value of the property, the higher the inheritance tax will be.

As an example, in states such as Paraná and São Paulo, the percentage always remains the same (4%), in spite of the number of goods, value of property, or degree of kinship to the deceased.

Other states

In other states, such as Santa Catarina, the amount due varies from 1% to 7%, if they are direct heirs to the deceased, or it will be a flat rate of 8%, if they are collateral heirs or if they are not related to the deceased.

It’s also important to remember that the maximum rate in the country is 8% and that the heirs may be exempt from paying ITCMD in some states, which usually happens when there is only one asset or low-income property.

However, since each federative state has its own specific laws, it is recommended that the heirs seek the specialized assistance of a lawyer in order to be informed correctly.

Why is Brazil the best place to have a family succession?

Although this is not something often talked about, Brazil can be considered a great place to start a family succession because there are several advantages in comparison to other countries.

As it was mentioned before, despite having a high tax burden overall, Brazil has relatively low rates in regard to its inheritance tax, also known as ITCMD.

In Brazilian reality, the law determines that the maximum rate for this tax is 8% of the market value of the property and no federative state can charge more than this limit.

Around the world, many countries on several continents have established much higher percentages of inheritance tax in relation to Brazil, which may catch unwary people off guard in such a delicate moment.

The chart below shows some examples of countries and the percentage that the inheritance tax may reach in their territories:

Country	Percentage
Belgium	80%
France	60%
Japan	55%
Germany	50%
South Korea	50%
Lebanon	45%
United States	40%
Netherlands	40%
United Kingdom	40%
Ecuador	37%
Tunisia	35%
Spain	34%
Ireland	33%
South Africa	25%
Chile	25%
Colombia	15%
Denmark	15%
Cameroon	10%
Iceland	10%
Lithuania	10%
Mozambique	10%
Portugal	10%
Thailand	10%

According to the data above, it’s clear that there are many advantages when it comes to transferring property to heirs in Brazil, compared to other countries around the world.

Aside from having a low maximum rate of ITCMD, there is also the possibility of having a private pension plan, which may be another benefit for whoever chooses to have their family succession in Brazil.

In our country, there are open and closed private pension plans. The first type of plan is usually made for company employees and specific professional categories. The second one, however, may be chosen by any person.

In other words, this type of pension works as an alternative to state pensions, as it allows the pension holder to guarantee their sustenance after retirement according to each case.

Also, after the death of the pension holder, the money left for the private pension is usually directly divided among the beneficiaries, the way it was determined by the pension holder while they were alive.

This means that, in most cases, the money associated with private pensions is not considered inheritance and should not be a part of the inventory proceeding. Also, there is no ITCMD due on this amount of money.

Therefore, in these situations, being a private pension holder in Brazil may be considered an advantage when it comes to future family succession.

It’s important to mention, however, that there may be exceptions to the rule depending on each place and situation, and that is why it is always valid to seek the specialized assistance of a lawyer.

Another possibility that may be favorable when it comes to inheritance tax payments is the creation of a holding company.

A holding company is nothing more than a type of company created to allow strategic planning in regard to the management of property and/or other companies by the company partners.

On that account, in this type of company, particular goods belonging to certain people are brought to the company and start belonging to this company while still being managed by the partners.

This planning strategy can be beneficial to whoever intends to have their family succession in Brazil because the taxation on holding companies is usually less heavy than on natural people.

Besides that, the creation of a holding company guarantees more safety and better management of the property, which can be divided in accordance with the person’s wishes after their death.

Furthermore, this type of planning is also helpful in that it prevents bureaucracy, long lines, and proceedings required for the transfer of property from a deceased person to be concluded.

Because of this, it is clear that, in comparison to other nations in the world, Brazilian legislation has created a number of advantages that may turn family succession into something easier for the people who wish to start it here.

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Step by step how to import from China

Eduardo Koetz — Wed, 19 Jul 2023 19:18:11 +0000

With the increasing volume of products circulating in trade between Brazil and China, several producers are looking to enter this expansive market. There is also an opportunity for domestic market-focused producers who can source raw materials from their manufacturing industries in order to reduce costs and maintain a more reliable supply of these materials. Let’s see, therefore, how the importation of these products works.

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Author: Leonardo Almeida Lacerda de Melo

In terms of exports, Brazil has been breaking consecutive records with the growing market in China, reaching a value of 300 billion dollars in exports to the country in 2022 alone. However, even the volume of imports has shown significant growth in recent years, reaching a level of 270 billion dollars in 2022 and totaling 80 billion dollars from January to April of the following year, according to statistics from Comex Stat.

Additionally, the Chinese regime has a vast marketing apparatus that allows for systematic and, therefore, more affordable production of various goods, particularly those focused on the manufacturing industry (which are used as parts or raw materials for the final product).

How to Get Started with Importing from China

International trade is often seen as an intangible market by most producers. However, by following certain steps, it is perfectly possible to enter this market, even for small and medium-sized producers who can find suppliers for various products, either for production assistance or for the final product for resale. Let’s understand the necessary steps to enter international trade.

Registered Company with CNPJ:

The importer must operate on behalf of a legal entity duly registered with a CNPJ (National Register of Legal Entities). The idea of obtaining the CNPJ is to allow registration in the RADAR system, as mentioned below.

Registration in the RADAR system of the Federal Revenue Service (Brazilian IRS):

The next step is to register the established company in the RADAR system, which is responsible for all customs control of Brazilian companies operating in international trade.

Negotiation:

Negotiation is the moment when the importer exchanges information with the supplier in China, where costs, responsibilities, deadlines, and all obligations of the parties will be defined. The import contract will also define the Incoterm used, which is responsible for determining the responsibility of the logistics. It’s a delicate and relatively complex moment that requires specialized support to avoid any losses for the importer.

Customs Clearance:

In this stage, which occurs upon the arrival of the product at the destination port, all the necessary import documentation must be submitted to the Federal Revenue Service. This may include an Import License, if the product is regulated, as well as the payment of applicable taxes, which will be discussed in more detail below.

Taxes Incurred in Importing from China

As demonstrated, importing from China presents considerable opportunities to acquire competitively priced products, whether for direct sale in the domestic market or for the production of third-party products that may even be exported.

However, attention must be paid to the taxes incurred throughout the import process, which must be paid by the time of customs clearance in order to properly enter the imported goods into Brazilian territory. Let’s see which taxes are actually incurred.

Importing Tax (II):

As the name suggests, this tax is exclusive to the importation of foreign products and can reach up to 60% of the final product value (including freight and insurance), according to Ministry of Finance Ordinance No. 156.

Industrialized Products Tax (IPI):

The IPI is intended to be levied on any products that result from industrial processes and can reach up to 30%.

PIS and COFINS:

These are taxes aimed at social financing, which contribute to the Worker Support Fund, as well as Social Security and various destinations focused on public welfare. Their total rate can reach approximately 10%.

Tax on Circulation of Goods and Services (ICMS):

As the main revenue source for states, this tax varies depending on the state in which the importer is located, and its taxable event is the transfer of ownership of a product, which can reach up to 25%.

In addition to the mentioned taxes, it is important to consider all relevant costs related to importation, which may include international insurance, transportation costs, clearance fees, specialized assistance, payment of various fees, such as registration in the RADAR system, etc.

The Requiring of Specialized Assistance

As demonstrated, import trade offers considerable advantages in acquiring competitive products and keeping the importing company sharp in the market. However, the import process can have delicate points that may result in losses for the importer.

Proper attention should be given to the company’s regularization process. Furthermore, as the negotiation stage, and the actual importation, both of which are considerably delicate moments, require specialized assistance to avoid or minimize losses and to maintain the most favorable scenario possible for the importer, considering that international negotiations often involve higher applied value.

For this reason, legal assistance from specialized lawyers, such as those at Koetz Advocacia, is considered mandatory, starting from the company’s regularization process to the negotiation of purchases and sales.

Main Products Imported from China

When analyzing the import scenario from China, there is a significant focus on certain products, particularly in the manufacturing sector, which means those who have an intermediate role in the creation of the final product offered by the importer.

Firstly, there are fertilizers and chemical fertilizers, which together account for 9.1% of the total import values from China to Brazil. Next, there are oils and petroleum fuels, accounting for 8.6%. The list continues with various other transformation products, such as transistors used in speakers, among others.

It’s worth mentioning that a significant portion of the final product, especially soybeans that used the imported fertilizer, will be exported back to China. This fact demonstrates the maturity of international trade, which allows for the purchase of fertilizer with the intention of generating a product that will return to the original exporter.

Is Importing Worth It?

It’s commonly believed that imported products have a higher added cost than domestic products, which are produced in closer locations and whose trade is much simpler and easier to enter. However, for various reasons, many products produced in China end up being more cost-effective (and often of better quality) than those produced in Brazil, allowing for greater market competitiveness. Let’s see why.

Reduced Price Products

The first and certainly the most attention-grabbing issue is the final cost of imported products from China. Even with the value of freight between countries, Chinese products are often cheaper than Brazilian products. This is mainly due to the lower cost of labor combined with the immense scale of production, which allows for more flexible negotiation as the purchase volume increases.
Direct negotiation with manufacturers, which reduces costs related to intermediaries, also plays a role in reducing the final cost of products. When these factors, such as labor costs, large-scale business, and direct negotiation with the factory, are combined, the products end up with a considerably reduced value and become competitive in the market.

Investment in Technology and Development

Over the years, China has been increasingly investing in technology with a focus on exports. This attracts the attention of importers who seek cutting-edge machinery and goods in order to maintain the best innovations in their production processes. Combined with the reduced costs mentioned earlier, acquiring these technologies becomes a great opportunity for importers.

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Renewal of the Brazilian Migratory National Registry Card

Eduardo Koetz — Tue, 18 Jul 2023 10:30:40 +0000

The renewal of the Brazilian Migratory National Registry Card requires some precautions. See the necessary documents and avoid surprises in the process.

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What is the National Migratory Registry Card?

The National Migratory Registry Card (Carteira de Registro Nacional Migratório – CRNM) came to replace the old Foreign Identity Card (Registro Nacional Migratório – RNM). Thus, since 2017 there has been this change due to the institution of Migration Law No. 13.445 of May 24, 2017.

The CRNM is mandatory for temporary immigrants in Brazil. It is an ID Card for foreigners and is valid throughout the national territory.

Furthermore, this new model presents modern security items, such as QR Code, optical, and anti-stoke security ink, to meet document requirements for international travel. In addition, the CRNM is valid for nine years.

Renewal of the Brazilian Migratory National Registry Card

The renewal of the Brazilian Migratory National Registry Card is only done in person, before its expiration date. In this case, the process must be initiated at the Brazilian Federal Police (PF) three months before the expiration.

For the renewal, it’s necessary to make an appointment through the official PF website. On the scheduled day, the individual must bring all the documents required for the renewal of the card, according to the requested procedure.

For the Permanent CRNM, there is no fine, in case it expires. However, if due to the expiration of Temporary Cards, a fine of R$ 100,00 is charged per day, from the expiration date.

Renewal of Term

In cases of renewal of the term, the request for substitution of the CRNM must be made 90 days in advance of the expiration. For this, the replacement of the card is made through an application, regardless of whether it is valid for 9 years (indefinite residence period) or the renewal according to the residence period (which can vary from case to case).

A list of documents must be presented:

Form filled in the National Migratory Registration System (SISMIGRA);
National Migratory Registry Card (CRNM);
One recent 3×4 color photo, white background, smooth paper, taken from the front;
Declaration of electronic address and other means of contact;
Declaration, under penalty of law, that there is no present any of the causes of loss of residence authorization provided for in article 135 of Decree No. 9.199 of 2017;
Proof of payment of fees for issuing the National Migratory Registry Card (around R$ 204,77).

However, documents issued abroad must comply with the rules of sworn translation and be apostilled according to the Hague Apostille Convention.

Change of national migration registry

If the immigrant has the name changed for any of the reasons below, the change must be requested duly instructed with documentary evidence.

Marriage;
Stable Union;
Annulment and nullity of marriage, divorce, judicial separation, and dissolution of stable union;
Acquisition of nationality different from that of the registry;
and Loss of nationality in the registry.

The process is similar to the renewal. Thus, the individual must schedule a time through the Brazilian Federal Police website and appear on the day with the necessary documentation to proceed with the process. In this case, the necessary documents are:

Form filled in the SISMIGRA system;
National Migratory Registry Card (CRNM);
One recent 3×4 color photo, white background, smooth paper, taken from the front;
Declaration of electronic address and other means of contact;
Proof of payment of the fee for issuing the National Migratory Registry Card (R$ 204,77);
Documents proving the requested cadastral change:
Change of name in the National Migratory Registry:
Birth certificate; or
Marriage certificate; or
Consular certificate of the country of nationality; or
Judicial justification.
Change of RNM by acquisition or loss of nationality:
Certificate or consular registration proving the nationality of origin, issued by the Embassy or Consulate in Brazil and, when applicable with proof of loss of nationality of the registry;
Travel document, certificate, or consular registration, of the new nationality, issued by the Embassy or Consulate in Brazil; and
Declaration, under penalty of law, of the absence of criminal record in any country, in the five years before the date of request.

It’s also important to remember that documents issued abroad must comply with the rules of sworn translation and be apostilled, according to the Hague Apostille Convention.

Rectification of the national migration registry due to a material error in the process

If there is a data error in the registry and issuance of the CRNM, it will be rectified by the Federal Police through an appointment on the official website.

For this, the documentation requested by the PF is as follows:

Form filled in the SISMIGRA system;
One recent 3×4 color photo, white background, smooth paper, taken from the front;
Declaration of electronic address and other means of contact;
National Migratory Registry Card.

If you need legal assistance from our team, please message us on WhatsApp.

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Crimes in Japan that are not crimes in Brazil

Eduardo Koetz — Fri, 14 Jul 2023 16:15:43 +0000

Discover in this article everything you need to know about the differences between the practice of crimes in Japan and Brazil.

Brazil is a very attractive destination for Japanese people, and the relationship between the two countries is becoming increasingly consolidated. So much so that there is already a social security agreement between them (article in Portuguese).

For this reason, it is essential to pay attention to how the laws involving crimes differ in the two countries and how the extradition process works between them.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Mariana Cruz de Lemos

For which crimes in Japan would a foreigner not be extradited from Brazil?

There are several crimes listed in the Japanese Criminal Code that would not allow for the extradition of a foreigner by Brazil if they were to come to live in the country.

This is because these crimes are punishable in Japan but not in Brazil, are considered minor offenses under Brazilian law, or are purely military, political, or related to opinions.

Here are some of them:

Damage to a Foreign National Flag;
Possession of drugs and narcotics for personal use;
Disturbance (a person who assembles in a crowd and assaults or uses intimidation);
Failure to disperse (when in crowds);
Dissemination of rumors against businesses (damaging the credit of a third party’s business by spreading false rumors).
Insurrection (inciting, organizing, or participating in a violent uprising against a government or established authority);
Instigation of Foreign Aggression (a person who conspires with a foreign state and thereby causes the state to exercise armed force against Japan);
Assistance to the Enemy (when a foreign state takes military action against Japan, a person who sides with the foreign state by providing military service to such state or otherwise gives a military advantage to such state);

How does extradition work?

Extradition is an act of cooperation between countries that involves the surrender of a person from one country to another.

The extradition can occur in two situations:

For the purpose of providing evidence in an investigation or criminal proceedings that the requested person is involved in.
For the purpose of fulfilling a sentence already imposed on the convicted person.

The extradition request will be presented to the Supreme Federal Court, which will analyze the properties of the case and decide whether it meets the requirements stipulated by relevant legislation.

There is no stipulated time period for the duration of the extradition process; it varies according to the characteristics of each case.

Who can and cannot be extradited from Brazil?

This means that a born Brazilian will never be extradited, regardless of the crime committed in another country.

A naturalized Brazilian may be extradited in two situations: when he or she committed a common crime before becoming a Brazilian citizen or when he or she was involved in illicit drug trafficking.

For foreigners in Brazil, their cases must be analyzed individually, taking into account the laws of their country of origin and Brazilian legislation.

Is it possible to extradite a foreigner with a Brazilian child? What about someone married to a Brazilian citizen?

Yes, according to STF (Brazilian Supreme Court) ruling 421, even if a foreigner is married to a Brazilian or is a parent of a Brazilian child, they can still be extradited.

What law governs the extradition process in Brazil?

Brazil has already signed extradition agreements with several countries, which means that specific rules must be followed according to the country that is making the extradition request.

To consult all the extradition agreements already made by Brazil, click here.

Brazil and Japan do not have an extradition treaty

Thus, even if the country requesting extradition does not have a treaty with Brazil, extradition may be granted if the request meets the criteria established in Brazilian law.

In what cases can a foreigner not be extradited?

Decree-Law No. 394 provides for cases in which extradition will not be granted. They are:

I – When it is not an offense under Brazilian law or the law of the requesting
State.
II – When Brazil is competent, according to its laws, to judge the offense.
III – When Brazilian law imposes a prison sentence of less than one year for the offense, including attempted, co-authorship, and complicity.
IV – When the extraditee is being prosecuted or has already been convicted or acquitted in Brazil for the same offense that determined the request.
V – When the offense has been prescribed, according to the law of the requesting State or Brazilian law.
VI – When the extraditee has to answer, in the requesting country, before a special court or tribunal.
VII – When the offense is: a) purely military; b) against religion; c) a political or opinion crime.

This means that Brazil does not extradite a foreigner when the crime for which he or she is being accused is not a crime in Brazil or his or her sentence would be less than one year.

In what cases is there a death penalty in Brazil?

The Brazilian constitution only authorizes the death penalty for military crimes committed during declared times of war.

In other words, any non-military crime committed during a war situation in Brazil cannot be punished with the death penalty. Therefore, there is no crime punished with the death penalty in Japan that is also punished with the death penalty in Brazil.

Thus, no foreigner who is sentenced to death in their country of origin or who may be sentenced can be extradited from Brazil, regardless of their crime.

For extradition to occur, Japan must ensure that the extradited person will not be subject to the death penalty.

In what cases is there a life sentence in Brazil?

There is no life imprisonment in Brazil.

In fact, Brazilian law establishes a maximum limit of 40 years for the imprisonment penalty, so it is illegal for anyone to be imprisoned for more than 40 years in the country.

Thus, Brazil does not extradite foreigners to Japan who are sentenced to life imprisonment in the requesting country, regardless of the crime committed.

For the extradition of the foreigner to take place, Japan must adjust the penalty to respect the 40-year imprisonment limit provided for in Brazilian law or commit to not applying a penalty exceeding 40 years

In the case of Japan, which also applies forced labor penalties, such penalties cannot be applied to the extradited foreigner. Either Japan promises not to apply this type of penalty, or Brazil will not grant extradition.

In summary

In summary, it can be said that the main situations in which a foreigner will not be extradited to Japan are:

The crime has already become time-barred. (It is worth noting the prescription period in Brazil is shorter compared to many crimes in Japan, especially regarding crimes committed during extrajudicial, judicial, or bankruptcy proceedings).
The act committed is not considered a crime in Brazil or is not punishable under Brazilian law (when the crime committed is not a crime in Brazil or when the offender at the time could not be punished by Brazilian law, such as minors under 18 years old);
The crime is political (committed with ideological purposes against the sovereignty of the State), military, or related to opinion;
The foreigner may or has already been sentenced to death or life imprisonment;
The penalty for the crime is less than one year under Brazilian law;
The foreigner may face human rights violations;
The foreigner can be tried in Brazil or has already been acquitted in the country.

If you need legal assistance from our team, please message us on WhatsApp.

The post Crimes in Japan that are not crimes in Brazil appeared first on Koetz International and Succession.

Advantages of Family Succession in Brazil – a comparison to Portugal

Eduardo Koetz — Wed, 12 Jul 2023 15:50:06 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and Portugal, as well as highlight the advantages which Brazil offers for the succession process started in its territory.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

How much is the inheritance tax rate in Brazil and in Portugal?

Generally, after the death of a relative, the heirs or beneficiaries who will inherit their estate are also responsible for the payment of inheritance tax.

This usually happens in several countries around the world, and each of them has its own specific rules regarding the payment and charging of this tax.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

This means that, according to Brazilian law, there cannot be an inheritance tax rate higher than 8% in relation to the value of the property transmitted to the heirs after death.

Inheritance tax and Stamp duty

In reality in Portugal, there is no such “inheritance tax” anymore. The succession tax, which was its name, was abolished by the Portuguese government in 2004.

However, there still is a tax named “imposto do selo” (“stamp duty”), which is known for being the oldest tax in the Portuguese tax system.

The stamp duty tax is owed in many different situations, including when there is a transmission of property free of charge, such as inheritance and donations, as long as the movable or immovable property is located in Portugal.

Taking into consideration the transmission of property, the tax rate is 10% on the value of the property, and it must be paid by any heir or beneficiary that is not legitimário, or legítimo, as we say in Brazil.

This means that descendants, ascendants, and the surviving spouse or partner are exempt from paying the tax, but other heirs such as siblings, uncles/aunts, and cousins must take on the cost of the tax.

How does the division of property work in Portugal?

As it also happens in Brazil, there is an order of preference among heirs in Portugal, for them to be able to receive property from a deceased relative.

Therefore, the legitimate heirs – the descendants, ascendants, and the surviving spouse – will always have the preference to receive the estate.

This happens because there is a portion of the deceased’s estate, which is called quota legítima, that must necessarily be left for these heirs by law. This portion may vary from one-third to one-half of the inheritance, depending on who and how many heirs there are.

Besides that, it is important to remember that the existence of closer relatives always excludes the most remote ones from inheriting any portion of the estate.

In general lines, in Portugal, the following order of preference to inherit must be followed:

descendants and the surviving spouse;

if there are no descendants, the descendants, and the spouse;
if there are no ascendants, only the spouse;
if there are no descendants, ascendants, or spouses, the collateral relatives up to the fourth degree of kinship, such as siblings, uncles/aunts, nephews/nieces, and cousins.

Are there any obstacles or prohibitions to inheriting in Portugal?

According to Portuguese law, it is possible to prevent an heir from inheriting in certain situations, in a practically identical way to how it happens around here.

In Brazil, heirs may lose the right to receive any inheritance in very specific scenarios, such as unworthiness, disinheritance, and the existence of debts that are equal or higher than the amount of the inheritance.

Therefore, in our country, an heir will be considered unworthy if they commit any act against the life or the honor of the owner of the estate, or even against their freedom to make a will.

In Portugal, the heir who is found guilty of the crime of murder or attempted murder, false accusation, or false testimony, in relation to the estate owner or their spouse, descendant, ascendant, adopter, or adoptee.

Besides that, in a European country, an heir may also be considered unworthy if they induce or force the estate owner to create, revoke, or modify a will, or if they have hid or falsified a will.

Brazil and Portugal

Both in Brazil and in Portugal, it’s necessary to file an unworthiness lawsuit in court, and the heir will be considered unworthy only after the final judicial ruling.

When it comes to disinheritance, a Brazilian heir may be disinherited in the same aforementioned situations, or if they commit a physical offense or serious injury, have illicit relations with a stepfather or stepmother, or fails to assist their sick ascendants.

Comparatively, in Portugal, an heir may be disinherited if they are convicted of a crime against the person, the property, or the honor of the estate owner or one of their relatives, or of false accusation, as well as if they refuse to pay support for them without justification.

In both countries, the disinheritance of an heir must be mentioned in a will by the estate owner, with clear justification in the document, for it to be considered valid.

What are the advantages of starting a family succession in Brazil?

When we examine the Brazilian laws, we can notice that our country brings several advantages to the people who decide to start their family succession here.

In Portugal, although there is no inheritance tax anymore, the heirs may have to take on the costs of the stamp duty tax, whose percentage related to inheritance is 10% of the value of the transmitted property.

As it was mentioned before, the inheritance tax rate limit of ITCMD in Brazil is 8% by law.

Besides that, one of the benefits brought by Brazilian law is the possibility that the estate owner can get a private pension plan.

That is because the private pension plan holder can define how the division of this money will happen after their death by naming any person they want as a beneficiary to receive them.

In other words, this amount of money related to private pensions can be received by the beneficiaries irrespective of the course and the conclusion of the inventory proceeding.

Another possibility

On the other hand, another interesting possibility that may be beneficial in Brazil is the creation of a holding company by the owner of the estate.

In this kind of company, it is possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

Therefore, as we can see, bringing property from other countries to Brazil with the intention of planning a family succession may be an attractive decision for whoever owns property abroad, given the benefits of Brazilian legislation.

If you need legal assistance from our team, please message us on WhatsApp.

The post Advantages of Family Succession in Brazil – a comparison to Portugal appeared first on Koetz International and Succession.

Arab marriage: differences, religions, and characteristics of each arab country

Eduardo Koetz — Tue, 11 Jul 2023 18:31:38 +0000

Understand more about Arab marriage in this article, in addition to the characteristics of each country and how the differences are compared to Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

How an Arab marriage works

Arab marriage legally is governed by the laws of the country in which it is celebrated. In some Arab countries, civil marriage is obligatory and must be registered in a registry office, while in others, religious celebration is sufficient.

In general, the bride and groom must present documents such as an identity card, birth certificate, and proof of residence to perform the civil marriage. In addition, depending on the country and local laws, the bride and groom may be required to undergo medical examinations before the celebration.
In the case of religious marriage, the process may vary according to religion and local traditions. In some cases, a religious representative must be present at the ceremony to validate the wedding, while in others it is sufficient for the bride and groom to draw up a marriage contract and have it registered in a registry office.

Regardless of the type of marriage, the bride and groom must understand the local laws and requirements to avoid future problems. Therefore, It is recommended to seek information and guidance from local authorities or professionals specializing in matrimonial law.

How it works and the requirements for the marriage of Brazilians with people of other nationalities

When a Brazilian citizen wishes to marry a person of another nationality, including an Arab person, it is necessary to observe the laws and legal requirements of both countries.

The process may vary depending on the laws of the Arab country in question, but in general, the marriage to a Brazilian will follow the same laws and requirements as other foreign marriages.

To legally get married in Brazil, it is necessary that one of the fiancés is Brazilian or that both are residents of the country. The bride and groom must present documents such as an identity card, birth certificate, and proof of residence to perform the civil marriage.

If the groom or bride is a foreigner, it is necessary to present valid identification documents and prove the regularity of his or her migration status.

In the Arab country in question, it is necessary to check the laws and requirements for foreign marriage.

It’s generally necessary to present documents such as a passport, birth certificate, and marital status, as well as to respect local laws regarding the minimum age for marriage and the requirement of a legal representative or guardian in the case of minors.

What are a woman’s rights when she celebrates marriage with people of Arab origin outside of Brazil

A woman’s rights in an Arab marriage may vary depending on the laws of the country in question and local traditions.

In some Arab countries, women have similar rights to men regarding marriage and family, while in others, the laws may be more restrictive.

Overall, many Arab countries follow Islamic law, which establishes rights and duties for both spouses. For example, women have the right to receive a dowry from their husbands, which can be a payment in cash or material goods, and to have their livelihood guaranteed by their husbands during the marriage.

In addition, Islamic law also establishes a woman’s right to divorce in some circumstances, such as in cases of abuse or neglect by her husband.

However, in some Arab countries, laws may limit or restrict a woman’s right to divorce.

It’s important to note that laws and traditions can vary greatly between Arab countries and that the situation of women in Arab marriages can be affected by cultural, social, and religious factors.

Therefore, it’s recommended to seek information and guidance from local authorities or professionals who specialize in women’s rights and marriage.

Difference between getting married in Brazil and getting married in an Arab country

Legally speaking, there are significant differences between getting married in Brazil and getting married in an Arab country.

In Brazil, civil marriage is governed by specific laws and performed in registry offices, while in Arab countries, marriage laws may be influenced by the predominant religion, such as Islam.

In Brazil, civil marriage is mandatory for the union to be legally recognized and can be performed in civil registry offices or places chosen by the bride and groom.

In Arab countries, marriage can be performed according to both civil and religious laws, and in some cases, the couple must follow a specific religious ceremony for the marriage to be legally recognized.

In addition, the minimum age for marriage can vary between Arab countries and can be different from the minimum age required in Brazil, which is 18.

In some Arab countries, the minimum age can be lower, with permission from parents or legal guardians, for example.

Another important difference is that in some Arab countries, polygamy is allowed, while in Brazil it is forbidden by law.

In cases of marriage with foreigners, Arab countries may require specific documents, such as proof of residence or criminal record certificates, for example.

Recognition in Brazil of legal marriages celebrated with minors abroad

As seen above, in some Arab countries, marriage with minors under the age of 18 is legally celebrated. In some of these countries, the laws allow minors to marry with the permission of their parents or legal guardians.

Should any foreigner wish to recognize this type of marriage in Brazil, he/she should be aware that Brazil does not recognize marriages celebrated with minors, including those celebrated in Arab countries.

In Brazil, the minimum age for marriage is 18, and judicial authorization is required in cases of minors between the ages of 16 and 18.

The recognition of foreign marriages in Brazil is subject to Brazilian laws, and therefore a marriage celebrated in an Arab country with minors will not be legally recognized in Brazil.

What the process of divorce and separation of property looks like

The process of divorce and separation of property in marriages celebrated in Arab countries with one of the persons being Brazilian, depends on the laws of the country where the marriage was celebrated, as well as on Brazilian laws.

If the marriage was celebrated in Brazil, divorce and separation of assets will follow Brazilian laws, which determine that the process must be carried out before a judge, and may be amicable or litigious, depending on the agreement between the parties.

In the case of separation of assets, the assets acquired during the marriage will be divided according to the rules of partial or total communion of assets, as provided by Brazilian law.

However, if the marriage was celebrated in an Arab country, the process of divorce and separation of assets will depend on the laws of that country and Brazilian law. It is necessary to evaluate the terms of the marriage, the laws of the country where it was celebrated, and the Brazilian laws to determine how the division of assets and the divorce proceedings will be handled.

In certain Arab countries, in cases of division of property, the woman would not be entitled to it. In others, she may be entitled to part or half of them.

In general, in Arab marriages, it is common to establish the separation of property, in which each spouse keeps his/her property and there is no communion of property acquired during the marriage.

However, it is important to note that this can vary according to the laws of the country where the marriage was celebrated and the agreement between the parties.

If you need legal assistance from our team, please message us on WhatsApp.

The post Arab marriage: differences, religions, and characteristics of each arab country appeared first on Koetz International and Succession.

Live in Brazil legally: what you need to know!

Eduardo Koetz — Tue, 11 Jul 2023 10:00:03 +0000

In this text, we explain the requirements for you to live in Brazil legally so that you can move to the country with peace of mind!

If you need legal assistance from our team, please message us on WhatsApp.

Who can live in Brazil?

Those who have a residence permit can live in Brazil. In other words, a document that authorizes foreigners to establish residency in the country. Generally, the initial grant is temporary, with a duration of 2 years (with exceptions). Afterward, you can convert it into a permanent permit.

Continue reading to learn more!

How to live in Brazil legally?

To live in Brazil legally, you need to have a residence permit. In most cases, it is requested while already in Brazil. In other words, you must check if your country is on the list of visa requirements to enter Brazil or not. Then, come to Brazil and upon arrival, apply for a residence permit. Initially, it will be temporary, but after 2 years, it can be converted into a permanent permit.

Additionally, you need to check if your justification for staying in the country allows for work if you wish to work.

How to obtain a visa to live in Brazil?

The first step is to determine which visa is suitable for your case, as Brazil has various types of visas. Afterward, apply for the visa and submit the required documentation. However, keep in mind that the visa alone does not always grant the right to live in Brazil.

Additionally, it is advisable to start thinking about the entire process 6 months to 1 year before coming to Brazil. Consulates or embassies are responsible for granting visas, and there is no specific timeframe for the process to be completed.

We have created a guide for foreigners who want to live in the country, explaining the steps and rules from the visa process to naturalization. Please provide your email below to receive it!

What is a permanent visa?

The permanent visa in Brazil is actually called a residence permit. The initial permit you receive is a temporary authorization. This means you will have a temporary permit for up to 2 years, and then you can convert it into a permanent residence permit. However, this transformation is not automatic, and its granting is considered living in Brazil legally.

In all cases, you need to provide a justification for your stay in Brazil.

What is a residence visa?

The residence visa is permission granted by the Brazilian Government to foreigners to establish residency in Brazil. However, the initial residence permit is determined, meaning it has a set period, usually 2 years. However, it can be converted into a permanent permit.

Therefore, if your goal is to live in Brazil legally, it’s advisable to obtain an indefinite permit by applying 90 days before the expiration of the temporary (determined) permit, as this is not an automatic change.

What is required to obtain a permanent visa in Brazil?

To obtain a permanent visa in Brazil, you need to apply for an indefinite residence permit. However, before reaching this stage, you need to obtain a visa, come to Brazil, obtain the determined authorization (which is temporary), and 90 days before its expiration, apply for the permanent permit.

Additionally, it is ideal to organize the documentation for the application 6 months before the expiration of the determined permit, so that you have enough time to complete the procedure and regularize your status in Brazil.

It’s important to have the documents required by the Brazilian Government, payment of fees, as well as completed forms. This way, it will be possible to live in Brazil legally.

How can a foreigner legalize their status in Brazil?

A foreigner who wants to legalize their status in Brazil, meaning they are in an irregular situation, can:

Apply for a residence permit, which allows them to stay in the country (with restrictions and only in certain cases) while the application is being processed.
Hire a lawyer to analyze the best, fastest, and most efficient strategy for their situation.
Leave the country, apply for a new visa, and return after regularization is completed abroad.
Additionally, they will have to pay fines in all options, which are calculated based on the number of days they remained irregular.

Furthermore, if the accumulation of fine amounts is interrupted by any of the actions above, the foreigner still needs to pay the outstanding amount and their CRNM (Foreigner’s ID) will be blocked until full payment is made. Therefore, regularization is an important step to legally reside in Brazil.

What is the maximum period a foreigner can stay and live in Brazil?

The maximum period a foreigner can stay in Brazil varies depending on the type of residence permit they have. For example, with a visa for:

Tourism: generally up to 90 days (may vary).
Digital Nomad: up to 2 years.
Retiree or pensioner: up to 2 years, renewable.
Investor: up to 2 years with a temporary permit, or without a set period with a permanent permit.

Additionally, many cases may apply for a residence permit, which initially has a duration of 2 years. Afterward, it can be converted into a permanent permit.

What is the difference between a visa and citizenship?

A visa is a document that authorizes entry into a country, while citizenship is a status of being a citizen. For a foreigner, obtaining citizenship in a country different from their birth country means acquiring the same rights as native-born citizens. Additionally, for accurate information regarding Brazilian citizenship, it is important to note that the official term is naturalization.

Therefore, the difference between a visa and naturalization is how the foreigner wants to be recognized in Brazil, in addition to the duration each allows for staying in the country.

For example, a visitor visa does not grant the foreigner permission to establish residence in the country. On the other hand, naturalization is a process in which the foreigner expresses their intention to remain indefinitely in Brazil.

What is the difference between a passport and a visa?

The difference between a passport and a visa is that a passport is a document issued in your country of origin to signify your desire to travel and visit other countries.

A visa, on the other hand, is a document required by Brazil and other countries to enter their territory, if required. Generally, to obtain a visa, you need to have a passport.

What is the difference between citizenship and residence?

Citizenship is associated with the specific rights of citizens of a country, whether they are native-born or naturalized. Residence authorization, on the other hand, is permission for a foreigner – someone who does not have citizenship of that place – to establish residence in the country.

Furthermore, to obtain Brazilian naturalization (citizenship), a foreigner needs to reside in the country for a certain period of time with a residence permit. In summary, residence authorization serves as a prerequisite for citizenship as well.

If you need legal assistance from our team, please message us on WhatsApp.

The post Live in Brazil legally: what you need to know! appeared first on Koetz International and Succession.

Advantages of Family Succession in Brazil – a comparison to the United States

Eduardo Koetz — Fri, 07 Jul 2023 15:56:39 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and in the United States, as well as highlight the advantages which Brazil offers for the succession process started in its territory.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

How much is the inheritance tax rate in Brazil and in the United States?

In most countries, after the death of a relative, it is necessary for the heirs and beneficiaries to pay the inheritance tax for them to be able to inherit the property of the deceased.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

In other words, we can say that the inheritance tax rate in Brazil may reach a maximum of 8% on the value of the transferred property, in accordance with Brazilian law.

When it comes to the United States, there is no unique percentage of inheritance tax that is valid for the whole country.

Thus, each American state is free to create, or not, this kind of tax, which currently exists in six states: Iowa, Nebraska, New Jersey, Pennsylvania, Maryland, and Kentucky. These are the maximum tax rates determined by each state:

State	Percentage
Nebraska	18%
Kentucky	16%
New Jersey	16%
Pennsylvania	15%
Iowa	10%
Maryland	10%

Besides that, there is also another tax in the United States named estate tax, which is quite similar in essence to the inheritance tax but with a small difference.

As opposed to being paid by the heirs for them to have access to inheritance, the estate tax is paid directly from the estate left by the deceased, as it is levied on the actual property.

The estate tax

The estate tax is currently in effect in twelve American states, aside from the District of Columbia, and the tax rates can achieve 40% depending on the amount of property.

There are also cases of exemption of taxes, especially when the total amount of inheritance is low or, in some situations, when the degree of kinship to the deceased is quite close.

These exemption cases are usually one for American citizens, legal residents, and Green Card holders, and another one for foreigners, which is usually less extensive.

Therefore, with all these nuances, it is essential for one to know the national rules and also the specific laws of each state for succession in the United States to be done correctly.

How does the division of property work in these countries?

In comparison to Brazil, the succession and division of property in the United States happen in quite different ways.

That is mostly because a considerable portion of the population opts to plan their estate while they are still alive, whether through a will, beneficiary designations, powers of attorney, etc.

In these cases, the succession process occurs in a quicker way and the division of the property left by the deceased can be decided according to their wishes, without much bureaucracy.

However, when a person passes away without this kind of estate planning, a lawsuit must be filed at the probate court for the division of property to be done.

The rules for this lawsuit vary considerably in each American state, although there are some similarities among them.

Normally, the court will choose an administrator that is going to be responsible for the property and is usually one of the heirs or a public representative, according to the decision of the judge.

It is also common for the surviving spouse and the children to have preference over other relatives of the deceased. If there are no surviving spouses or children, the next relatives are usually the parents, and after that, the siblings.

Family Succession in the Estates

In the state of New York, for instance, the surviving spouse receives the first 50,000 thousand dollars plus half of what is left of the property, and the remaining amount will be received by the children.

In California, however, the surviving spouse will inherit all the community property and will also receive one-third of the separate property of the deceased, with the remaining two-thirds belonging to the children.

Finally, in Florida, if the surviving spouse and the deceased have common children, and if they do not have children with other people, the estate will be divided in half between the spouse and the children.

It’s possible to conclude, therefore, that each American state is autonomous and free to define its rules regarding the division of property, which will come into force if there is no previous estate planning.

Are there any obstacles or prohibitions to inheriting in these countries?

In Brazil, there are occurrences where the heirs may lose their right to inherit, in specific situations, such as unworthiness, disinheritance, and the existence of debts.

Besides that, an heir can also be disinherited for the same situations mentioned above, or if they have physical offenses, serious injury, have illegal relations with a stepparent, or fail to assist their ascendants in case of disease.

In the United States, this type of prohibition to inherit also exists, although in a somewhat different way.

There is a rule commonly known as Slayer Rule, which prevents an heir from receiving any sort of property from someone whom they have murdered, for instance.

Despite being present in some way in the vast majority of American states, this same rule is also slightly altered from state to state.

Arizona, Illinois, and Washington

In Arizona, the crime of manslaughter, or killing without the clear intention to kill, also makes the list of homicides that prevent the heir from inheriting any estate in these situations.

In Illinois and Washington, a person found guilty of crimes such as financial exploitation, abuse, or neglect may also prevent the perpetrator from receiving any property from the victim.

Finally, succession in the United States usually happens in a more unlimited way because a person can leave their property, in most cases, to anyone they wish through a will, even if they are not related or close to each other.

What are the advantages of starting a family succession in Brazil?

To summarize, there are many advantages that may appear for the people who choose to start their family succession in Brazil.

The legal limitation of 8% in relation to the payment of ITCMD on the market value of the property of the deceased allows for the heirs to pay less taxes in order to receive what they are entitled to.

This is especially true in comparison to the United States, where the estate tax may reach a percentage of 40%, depending on the total value of the estate of the deceased.

Besides that, as it was mentioned before, it is not uncommon for the law to have a differentiation between rules for citizens and legal residents, and for foreign people, which are usually much more rigorous.

Another benefit of the Brazilian law is the possibility for any person to get a private pension plan, in order to guarantee better sustenance after they retire.

That is because the private pension plan holder can define how the division of this money will happen after their death by naming any person they want as a beneficiary to receive them.

The Brazilian Law

In other words, this amount of money related to private pensions can be received by the beneficiaries irrespective of the course and the conclusion of the inventory proceeding.

Another interesting possibility to be considered is the creation of a holding company by the owner of the estate.

In this kind of company, it is possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

Finally, bringing property from other countries to Brazil with the intention of planning a family succession may be an attractive decision for whoever owns property abroad, given these benefits of Brazilian legislation.

If you need legal assistance from our team, please message us on WhatsApp.

The post Advantages of Family Succession in Brazil – a comparison to the United States appeared first on Koetz International and Succession.

How to revalidate medical diplomas

Eduardo Koetz — Wed, 05 Jul 2023 16:38:29 +0000

In this article, we will analyze how holders of foreign diplomas can request the revalidation of their diplomas. We will bring details and options for the revalidation process of specific medical degrees and tips on the procedure.

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Velozo de Mello Marchiori

What will a doctor trained abroad need to work in Brazil?

Physicians with foreign medical degrees carry out the revalidation of their diplomas in two main stages. In this way, it involves taking the National Exam for Revalidation of Medical Diplomas Issued by a Foreign Institution of Higher Education. The popular name of this exam is Revalida.

The second stage involves the revalidation of the foreign diploma in Brazilian territory through a public university. Therefore, this revalidation will occur after passing the Revalida exam.

How does the revalidation process of a foreign medical degree work in Brazil through the Revalida exam?

The Secretariat of Higher Education (SESu) together with the Federal Council of Medicine (CFM) currently organize the Revalida. It is a test that verifies the acquisition of knowledge, skills, and competencies required for the practice of medicine.

The exam consists of two stages. Thus, the doctor must prove technical, theoretical, and practical competence for the professional practice of medicine in Brazil.

What are the requirements to take the Revalida test?

The doctor who intends to revalidate his foreign medical degree through Revalida must observe some conditions. The first one concerns who can request the revalidation of a foreign diploma in Brazil.

Only Brazilians or foreigners with residence possess in Brazil can request the revalidation of the diploma.

The second condition is related to the diploma itself to be presented. The medical diploma issued by a foreign higher education institution must be recognized by its ministry of education or a similar body in the country of origin.

In addition, the doctor must provide for the legalization of the document. This legalization can occur through The Hague Apostille or the Brazilian consulate abroad.

Access our article if you want more details about the process of legalizing foreign documents.

Finally, the applicant must have a Taxpayer Registration (CPF) issued by the Federal Revenue of Brazil. Foreign citizens can also apply for registration with the CPF.

What is the procedure for taking the Revalida exam?

The first step to taking the Revalida exam is to register on the website. In general, the exams take place twice a year. In addition, at the time of registration, attaching an image of the diploma (front and back) is mandatory.

At the end of registration, payment of the fee must occur. The current value of the registration fee for the first stage is BRL 410.

After registration, the applicant will receive a Confirmation Card. This card will contain important information, such as the registration number, date, and location of the exam.

The first stage of the exam consists of two eliminatory tests, applied on the same day. Therefore, an objective test, with 100 questions; and the discursive test, with five questions. The applicant has 5 hours to complete the tests.

If approved, the applicant must register for the second stage. Thus, at this stage, the applicant will choose the city where he prefers to take the tests. You should also select the public university responsible for revalidating the diploma.

The applicant must pay a new registration fee, in the amount of R$ 4106.09. After payment, the doctor will have access to the confirmation card for the second step.

The second stage exam is intended to assess the applicant’s clinical skills.

The doctor must attend ten stations, five per day, performing specific tasks in these areas of professional practice:

Medical clinic;
Surgery;
Gynecology-Obstetrics;
Pediatrics;
Family and Community Medicine

The maximum length of stay at each station is 10 minutes.

The preliminary and final results of the skills test will be published and disseminated on a date defined in the public notice.

A group of specialists that make up the Item Evaluation Committee (CAI) defines the application’s cutoff score. Therefore, the minimum score will depend on the judgment of the level of difficulty of the items that make up the test.

The final list of those approved is published in the Official Gazette (DOU) and forwarded to the partner universities responsible for revalidation.

How does the revalidation process of a foreign medical degree work in Brazil through a Public University?

The process of revalidation of a foreign medical degree in Brazil by a public university follows the same procedure as for any foreign degree. A public educational institution that offers a medical course in Brazil must revalidate the diploma.

Each public institution of higher education in Brazil has its diploma validation process. Therefore, the educational institution defines the procedure and the documents to be presented. Educational institutions are free to establish their own revalidation and recognition processes

Brazil does not have any agreement for the revalidation and automatic recognition of higher education diplomas with any country. Therefore, the revalidation and recognition process is the same for immigrants from all countries.

The basic documents required are a copy of the immigrant’s diploma and school transcript. It will be up to the university responsible for the recognition analysis to request, when deemed necessary, the translation of the foreseen documentation.

In addition, the immigrant must pay a fee referring to the cost of administrative expenses for the revalidation and recognition of diplomas. However, the value of the fee is not predetermined by the National Council of Education or by the Ministry of Education, varying between institutions.

In general, the deadline for the university to decide on the application for revalidation of undergraduate degrees depends on the type of procedure. By regular procedure, it is up to 180 days; by simplified procedure, it is up to 60 days, counting from the date of delivery of the necessary documentation.

If you want to have more details about this general revalidation process, access our article dedicated exclusively to the subject.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreign Maritime Crew and Workers in Brazil: Know your Rights

Eduardo Koetz — Tue, 04 Jul 2023 10:30:31 +0000

It is common to have questions about the maritime work of foreigners in Brazil, after all, with the new Migration Law of 2017, many procedures have changed. Thus, in this text, you will understand how the labor of a foreigner in Brazil works, in addition to seeing rules about the period of stay and more specific information about this type of work. Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Who are the maritime workers?

Maritime workers are those people who work in any type of activity on a vessel intended for navigation. Therefore, it can be in the open sea, naval support, port support, or navigation in channels, lagoons, bays, coves, and coves, for example.

What are the members of a crew?

The members of a crew are based on the direct command of the vessel and the team that performs certain tasks, such as health professionals, for example:

Captains;
Officers;
Masters;
Sailors;
Chief Machinery Officer;
Electrician;
Cook;
Steward (responsible for cleaning);
Nurse;
Health Assistant.

How to work as a foreign mariner in Brazil?

In order to work as a foreign mariner in Brazil, you need to obtain a temporary visa. However, this visa is not required in cases of vessels on long-haul journeys (foreign and Brazilian ports) and cabotage (transit between Brazilian ports).

What visa do foreign maritime workers need to enter Brazil?

Initially, the Ministry of Labor grants foreign maritime workers residence authorization for work purposes without an employment bond in Brazil.

What are the requirements to obtain this visa?

In short, the foreigner has the opportunity to remain on Brazilian soil, as long as he does not exceed 2 years in Brazil. However, this deadline can be renewed by the foreigner.

How many ports receive mariners today, and in which states?

The 5 main and largest ports in Brazil today are:

Santos, São Paulo;
Paranaguá, Paraná;
Itaguaí, Rio de Janeiro;
Rio Grande, Rio Grande do Sul;
Itaqui, Maranhão.

What is the work of Cruise Employees like?

Cruise Employees are hired and have the right to remain in Brazil while they are working. After all, since the new Migration Law, foreigners have the right to work in the country and perform their duties, legally assured.

What are the most common nationalities of these workers?

The most common nationalities of maritime workers are:

Argentine;
Chilean;
American.

How long do they usually stay on Brazilian soil?

Maritime workers usually stay in Brazil for up to 2 years, as allowed by the new 2017 Migration Law.

What is allowed to them without having a residence visa?

A visa for maritime workers is required if the stay is longer than 90 days. In this way, they can stay in the national territory without any irregularity, as long as they present an International Maritime Card issued in accordance with the International Labor Organization Convention.

However, if the foreigner decides to stay longer in Brazil, he must obtain a residence authorization, granted by the Brazilian Government.

Can they bring products?

Yes, maritime workers can bring products, as long as it’s for personal use and consumption.

Can they buy products?

Yes, maritime workers can buy products in Brazil, like any other foreigner legally in the country.

Can they take vacations in Brazil?

Yes, maritime workers can take vacations while staying in Brazil.

And if they have a relationship with a Brazilian, how does the situation go?

The foreign maritime worker, who wishes to, can stay longer in Brazil by having a relationship with a Brazilian. This can be done by applying for a Family Reunion residence authorization, if already on Brazilian soil.

But if the foreigner is not yet in Brazil, he can request a Family Reunion visa or another visa modality to enter the country and, after being legalized in Brazilian territory, then request his residence authorization.

And if they have a child with a Brazilian?

From the moment the foreign maritime worker has a child with a Brazilian, he can obtain a Family Reunion visa. Consequently, he can also apply for residence authorization. That is, having a child with a Brazilian can guarantee his or her rights as a father or mother of a Brazilian and stay in Brazil.

And if they have a Brazilian child?

Likewise, in the case of the maritime worker who has a Brazilian child, he can also obtain a Family Reunion visa to stay in Brazil. In this case, the justification for the visa and stay, if you wish to obtain residence authorization, is due to the link with the Brazilian child.

Precautions you should have if you wish to obtain your visa or authorization

As you should have noticed, to enter Brazil or act as a sailor in Brazilian ports and cruises that pass through the country, you need to take some precautions.

Generally, you need to know what type of visa and/or residence authorization you need to request to stay regularized in Brazil.

With this, you guarantee more tranquility, since, being legalized, you do not suffer the penalties provided for by law, such as a fine, among others!

If you need legal assistance from our team, please message us on WhatsApp.

The post Foreign Maritime Crew and Workers in Brazil: Know your Rights appeared first on Koetz International and Succession.

Marriage abroad not registered in Brazil

Eduardo Koetz — Mon, 03 Jul 2023 19:45:42 +0000

A marriage abroad, that is, between one or two foreigners, is legally recognized in Brazil as long as it is performed according to the laws of the country in which it took place and does not violate Brazilian laws. Marriage abroad not registered in Brazil can create problems.

For a marriage abroad to be valid in Brazil, it must be registered at the Brazilian Consulate in the country where it took place, and later at the Brazilian Civil Registry Office, with the presentation of the foreign marriage certificate.

If the marriage was celebrated in a country where the law allows same-sex marriages, same-sex marriage will also be recognized in Brazil, provided it meets the legal requirements.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

Challenges of marriage in countries with very different Civil Laws

Marriage in countries with civil laws that are very different from Brazil’s can present legal challenges to its validity in Brazil.

For the marriage to be legally valid, it must meet the requirements outlined in Brazilian law. E.R., you have to regularize one marriage abroad not registered in Brazil.

It’s important that the bride and groom, being both or one of them Brazilian, check in advance if the laws of the country where they want to get married are compatible with Brazilian laws.

In addition, it is necessary to be aware of the capacity requirements and matrimonial impediments foreseen in the Brazilian Civil Code.

If the marriage is celebrated in a country that does not require registration in the Brazilian consulate, the marriage certificate must be legalized by the Brazilian consulate or embassy in the country where the marriage took place, for it to be valid in Brazil.

It is important to note that if the marriage was celebrated in a country where the law allows polygamy, it will not be recognized in Brazil, since polygamy is forbidden under Brazilian law.

What are the matrimonial capacity requirements and impediments foreseen in the Brazilian Civil Code

The Brazilian Civil Code establishes some capacity requirements and matrimonial impediments that must be observed for the marriage to be valid. They are:

Capacity requirements:

To be over 18 years of age: persons under 18 years of age cannot marry, except in cases of judicial authorization;
To have civil capacity: people who do not have civil capacity, such as the judicially interdicted, cannot get married;
Free and spontaneous consent: the engaged couple must freely manifest their will to get married, without pressure or coercion.

The matrimonial impediments are

Relationship in a direct line: parents and children, grandparents and grandchildren;
Collateral kinship in the second degree: brothers and sisters, uncles and nephews and nieces;
Adoption: adoptive parents and adoptive children;
Previous undissolved marriage: a person who is already married and has not had his/her previous marriage annulled or divorced;
Crime: a person who has been convicted of murder or attempted murder against a spouse;
Mental Alienation: a person suffering from a mental illness that renders him/her incapable of consenting to or understanding the nature of the marriage.

It’s important to point out that, in some cases, it’s possible to dispense with matrimonial impediments, through judicial authorization.

When a marriage celebrated abroad is impossible to homologate in Brazil due to disagreement with Brazilian Law

Even if the marriage was celebrated according to the legislation of the country in which it took place, a civil marriage celebrated abroad may be considered impossible to homologate in Brazil if there is a disagreement with Brazilian law. E.R., you have to regularize one marriage abroad not registered in Brazil.

The Brazilian Civil Code establishes some requirements for a marriage to be considered valid in the country, such as minimum age, civil capacity, and the free and spontaneous consent of the bride and groom.

If any of these requirements are not met, the marriage can be considered invalid in Brazil.

In such cases, the fiancés and fiancées must make a new marriage in Brazil, following the laws and requirements established by the Civil Code.

It’s important to highlight that even if the marriage abroad cannot be homologated in Brazil, the fiancés can seek the advice of a lawyer to guarantee their rights regarding property and other issues related to the marriage.

How to validate religious marriage celebrated outside Brazil

In some countries, religious marriage is the only form of civil validity of marriage. In Brazil, for this type of marriage to be considered valid, it’s necessary to have the marriage transcribed at the Brazilian civil registry. E.R., you have to pay attention to a marriage abroad not registered in Brazil.

To register a religious marriage in Brazil, the first step is to obtain marriage registration in the country where the marriage was celebrated.

Then you must go to the nearest Brazilian consulate and request the transcription of the marriage in the Brazilian civil registry.

It is important to check whether the country in question has an agreement with Brazil for the transcription of religious marriages.

After the transcription, the religious marriage will have civil validity in Brazil, and the spouses will have access to the rights and benefits provided by law.

It’s worth remembering that the transcription must be performed within 180 days after the wedding has taken place abroad.

How to register the transition of the marriage after the 180-day deadline

If the transcription of the religious marriage in the Brazilian civil registry is not made within 180 days after the wedding has taken place abroad, it is necessary to obtain a court decision that authorizes the delayed transcription of the marriage.

This procedure can be more bureaucratic and time-consuming than having the marriage transcribed within the legal timeframe. In addition, there may be additional costs involved in obtaining the court order and other documents required for the process.

It’s important to note that the lack of transcription of the religious marriage in the Brazilian civil register may prevent the spouses from having access to rights and benefits provided by law, such as pension, inheritance, and social security.

Therefore, it is recommended to have the transcription done within the legal timeframe to avoid possible problems in the future.

A marriage that infringes on women’s rights

Legally, marriage is a formalized union between two people to start a family.

However, in some countries, laws may allow marriage to infringe on women’s rights, such as:

the requirement of the father’s consent for marriage,
the possibility of polygamy, or
marriage to minors, among others.

Even if these marriages are legally recognized in the country in which they took place, they may be considered illegal in other countries that have stricter laws regarding women’s rights.

For example, in Brazil, the 1988 Federal Constitution ensures equality between men and women and prohibits discriminatory practices, which include forced or early marriage.

Therefore, even if a marriage is legal in the country in which it was celebrated, if it violates women’s rights, it may be considered illegal and subject to sanctions in other countries, such as the denial of an immigration visa or even criminalization of those involved.

What happens if you have a marriage in Brazil with another spouse abroad

Marriage in Brazil with another spouse abroad is considered a crime of bigamy, provided for in Article 235 of the Brazilian Penal Code.

The Penal Code provides for a prison sentence of two to six years for those who practice bigamy. In addition, Brazilian law does not recognize the validity of a second marriage as long as the first one is valid.

Those who find themselves in such a situation should seek legal advice and seek an annulment or divorce from the previous marriage before marrying again.

How to register a marriage in Brazil if it was celebrated abroad

To register a marriage celebrated abroad in Brazil, either religious or civil, it is necessary to follow some legal procedures.

The marriage must have been celebrated by the laws of the foreign country and must not infringe on the fundamental rights and guarantees provided for in the Brazilian Federal Constitution.

After the documentation has been analyzed by the consulate, the couple must register the marriage at the Brazilian Civil Registry Office corresponding to their domicile.

It’s important to have the assistance of a lawyer specialized in international law to ensure that the whole process is carried out correctly and to clarify any doubts about Brazilian and foreign laws related to marriage.

If you need legal assistance from our team, please message us on WhatsApp.

The post Marriage abroad not registered in Brazil appeared first on Koetz International and Succession.

Advantages of Family Succession in Brazil – a comparison to Europe

Eduardo Koetz — Wed, 28 Jun 2023 18:36:50 +0000

After the death of a person, a process must start to allow the transfer of that person’s property to those who are entitled to receive them, who are the heirs or beneficiaries of the inheritance, er. family succession.

This process, however, may be different depending on the country where the death took place because each place has its own laws and specificities.

In this article, we are going to establish a comparison between the proceeding of family succession in Brazil and in some European countries, as well as highlight the advantages which Brazil offers for the succession process started in its territory.

Author: Lucas Gomes Furtado

If you need legal assistance from our team, please message us on WhatsApp.

How much is the inheritance tax rate in Brazil and in Europe?

In most countries, after the death of a relative, it’s necessary for the heirs and beneficiaries to pay the inheritance tax for them to be able to inherit the property of the deceased.

In our country, each federative state determines its inheritance tax rate and how it will charge it, but the percentage must not be higher than 8% of the market value of the property.

In other words, we can say that the inheritance tax rate in Brazil may reach a maximum of 8% on the value of the transferred property, in accordance with Brazilian law.

In comparison to this number, the reality in many countries in Europe is very different, as there are inheritance tax rates there that can reach high percentages.

For example, look at the following chart with the percentages that inheritance tax may reach in some countries in Northern Europe:

Country	Percentage
Belgium	80%
Germany	50%
Netherlands	40%
England	40%
Finland	33%

Other Northern countries, such as Sweden and Norway, have recently decided to abolish inheritance tax from their territories, much because of the already high tax burden that exists in these places.

Therefore, in an international context, it’s easy to realize how the inheritance tax in Brazil has a relatively low maximum rate, for a family succession.

How does the division of property work in these countries?

In many European countries, it’s common for local people to make a will in order to determine how the division of property must happen after their death.

If a person dies without making a will, however, the succession laws of that country must be followed.

In Germany, Finland, Belgium, and the Netherlands, the division of property happens in a quite similar way, and also in a similar way in comparison to the Brazilian rules.

Generally, the order of preference happens in degrees of kinship, and usually follows this order:

descendants;
parents, siblings, nephews, and nieces;
grandparents, uncles and aunts, cousins.

However, it’s important to mention that, when there is at least one alive relative of a lower degree, all the other possible heirs will be excluded from inheriting.

In Germany, the descendants are preferred over the others and should receive equal shares of the inheritance, alongside the surviving spouse, who is always going to inherit as they are considered legal heirs.

The exact share that the spouse will receive will depend on the matrimonial regime applied to the marriage with the deceased.

In Finland, the Netherlands, and Belgium, it is common for the surviving spouse to inherit the right of usufruct to the property of the deceased, while the children will receive the right of ownership to the same property.

This means that the spouse would have the right to freely use the property and receive its fruits, but the children are the ones who become the legal owners of the property.

It’s also important to highlight that, if the couple was not married, the civil partnership must have been correctly registered for the surviving partner to have at least some right to inherit.

That is because, in most countries, officially registered partners have the same rights in comparison to spouses.

Besides that, if there are no descendants and spouses, other biological relatives will be entitled to inherit, such as parents and siblings, and the closest relatives will exclude the most distant ones from inheriting.

Family Succession in other countries

In Sweden, it’s common for the surviving spouse to receive all the property from the deceased, and their descendants will only inherit this property after the death of the surviving spouse.

On the other hand, in England and Wales, the division of property process will depend on when the death happened due to a law issued in 2014, which considerably altered the way that the transfer of goods happens without a will.

To sum it up, if the death has occurred after this date, the surviving spouse or partner is entitled to the equivalent of 270 thousand pounds, plus half of the amount exceeding this limit. Also, the remaining amount must be divided among the descendants, in equal shares.

If the total value of the property of the deceased is less than 270 thousand pounds, the spouse or partner will inherit everything, and the descendants will not inherit anything.

Similarly, if there is no surviving spouse or partner, the children will inherit everything, and if there are no children, the spouse or partner will inherit the totality of the property.

Are there any obstacles or prohibitions to inheriting in these countries?

In Brazil, there are occurrences where the heirs may lose their right to inherit, in specific situations, such as unworthiness, disinheritance, and the existence of debts.

In European countries, these obstacles that prevent heirs from receiving their share of the inheritance also exist in similar ways.

In Germany, for instance, the situations that prevent them from inheriting are mostly identical to those determined by Brazilian law.

The same occurs in the Netherlands and in Belgium, where an heir can also be considered unworthy if they have lost, hidden, destroyed, or falsified the owner of the estate’s will.

In the United Kingdom, there is a law named the Forfeiture Rule, which precludes a person found guilty of a crime from benefiting in any way from that crime, which includes unworthy or disinherited heirs.

Another peculiarity in the United Kingdom is that, if a couple is not married and one of them dies, the surviving partner must file a lawsuit to claim their right to inherit, which is not automatic.

What are the advantages of starting a family succession in Brazil?

When we stop to think about the details, it is noticeable that there are many advantages when it comes to starting a family succession in Brazil, which may be a decisive factor for this choice.

As it was mentioned before, the law determines a maximum tax rate of 8% for the payment of ITCMD on the market value of the property of the deceased, and this percentage is considered low compared to other countries for family succession.

This aspect in itself can be seen as a great benefit for the heirs, even if the deceased left a considerable amount of property because they will pay much less inheritance tax than they would in many European countries.

Also, Brazilian law also allows for any person to get a private pension plan, which works as a sort of complementary pension in order to guarantee better sustenance after retirement.

In terms of succession, private pensions can also be seen as an advantage because the pension holder, or the person who chooses to get a plan, will be able to determine the division of these values after their death.

In other words, the holder will establish who the beneficiaries of that money are going to be, and they can be any person – not necessarily their legal heirs.

In addition, most federative states do not charge ITCMD on the amount left in private pensions because this amount is not a part of an inheritance and does not need to be included in the inventory proceeding.

Actually, the amount of money left in private pensions could be received by the beneficiaries irrespective of the course or the conclusion of the inventory proceeding.

Benefits to start a family succession in Brazil

Therefore, these benefits allowed by the legislation in regard to private pensions can also be considered an advantage of starting a family succession in Brazil.

Another interesting possibility to be considered is the creation of a holding company by the owner of the estate.

In this kind of company, it is possible to plan the management of property and/or other companies by the company partners.

There, particular goods belonging to natural people will be gathered and start belonging to the holding company, although still managed by the partners.

Another positive aspect of this kind of company is related to the taxation on the holding, which is usually considerably lower than what the law determines on natural people.

In both scenarios, a holding company allows for a less expensive, less bureaucratic, and more simplified way to conduct the succession family process, as everything has been planned in advance.

Therefore, because of such benefits allowed by Brazilian legislation, bringing property from other countries to Brazil with the intention of planning a family succession may be an attractive decision for whoever owns property abroad.

If you need legal assistance from our team, please message us on WhatsApp.

The post Advantages of Family Succession in Brazil – a comparison to Europe appeared first on Koetz International and Succession.

Lawyer for Brazilian naturalization: what you need to know!

Eduardo Koetz — Tue, 27 Jun 2023 10:30:53 +0000

Many questions may arise when you need a lawyer for Brazilian naturalization! In addition, you may be looking for an immigration lawyer in São Paulo or Porto Alegre, for example, but know that you can hire the service online, regardless of the city you are in!

In this text, we list the main doubts about the subject so you can have more information. Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Who is the lawyer for Brazilian naturalization?

The lawyer needed for Brazilian naturalization is a specialist in immigration law. That is, a lawyer who has experience and training in Brazilian immigration legislation and, if possible, in international legislation, to provide complete support to the migrant.

How to choose a lawyer for Brazilian naturalization?

To choose a lawyer for Brazilian naturalization, evaluate if the professional has:

technical knowledge on the subject (a blog on the subject, explaining the rules, is a strong indication that yes, he is!);
training and/or experience in the migration area (knowledge of immigration law);
accessible, convenient, and reliable contact sources, such as website, official WhatsApp, and email;
positive evaluations of the service in spaces such as the office’s Google Business.

So, see if the lawyer is an expert on the subject!

How can a Brazilian naturalization lawyer help you?

At first glance, a Brazilian naturalization lawyer can assist in the entire naturalization process. That is, organizing documents, contacting the Brazilian Government, and explaining to the interested party the often laborious and complex procedure.

In addition, the qualified professional can help the foreign citizen to remain regularly in Brazil while pursuing the intention of naturalization.

In cases where it is necessary to submit the request to the court, then the lawyer is the only one who can make this request.

The text continues after the infographic.

What are the risks of not having a Brazilian naturalization lawyer during my application?

The risks of not having a Brazilian naturalization lawyer are making mistakes in the process, with improper or incomplete documents, missing deadlines, and a lack of technical knowledge of the law. The most serious case, in cases of naturalization, is to lose the request and have to start the process all over again. In addition to losing time, this also goes against the recommendations of the Ministry of Justice.

This is because according to the Ministry of Justice, it is not recommended to make several naturalization requests, as only the first one will be considered and the others will be archived. In this sense, the procedure becomes even slower.

As well, there may be errors in documentation or from competent public bodies when proceeding with the request. Therefore, with a specialized professional accompanying the entire process, mistakes can be avoided, and the Brazilian naturalization procedure should be more peaceful and accurate.

The text continues after the infographic.

How much does the Brazilian naturalization process cost?

The value may vary, but the average is R$537.00 for processing fees, plus the fees of the Brazilian naturalization lawyer or professional you hire to assist you. The fees vary greatly and, according to Brazilian regulations, lawyers cannot publicly disclose these values.

Therefore, to know the exact value of the service, you need to contact the lawyer who has given you confidence and ask for the value. Generally, this value will be determined based on the complexity of your case. That is, the more documents and bureaucratic procedures the lawyer needs to do to achieve your naturalization, the higher the value.

Therefore, we also recommend that you ask for a description of what will be done for your case, so you can have an accurate idea of the service value!

The text continues after the infographic.

How long does the Brazilian naturalization process take?

The official time is 180 days or 6 months. This is stated in Decreto 9199/2017, as specified below:

Article 228. The naturalization procedure shall be completed within 180 days from the date the application was received.

1º In the case of special naturalization, the counting of the period shall start from the date of receipt of the application by the Ministry of Justice and Public Security.
2º If any diligences are necessary for the naturalization procedure, the period provided in the main clause may be extended by an act of the Minister of Justice and Public Security that justifies the extension.

The text continues after the infographic.

How much does it cost to hire an immigration lawyer?

The cost of hiring an immigration lawyer can vary, as the professional’s fees must be considered. Also, according to the Brazilian rules for lawyers, they cannot provide publically information about their fees. If any lawyer does so, including our office, they might lose the right to be a lawyer. Therefore, to know exactly how much it costs, you need to contact the office directly and ask specifically for information about the service and fees. In addition, fees to the Brazilian Government, and apostille of documents, among others, must also be paid.

If you need legal assistance from our team, please message us on WhatsApp.

What kind of lawyer takes care of citizenship cases?

The lawyer for Brazilian naturalization is a professional specialized in migration law since it has the legal basis specialized in knowing the laws intended for foreigners who wish to live in Brazil.

What does an immigration lawyer do?

An immigration lawyer makes all the bureaucratic procedures more accessible to the client, in addition to structuring the application in the best way on which the foreigner is based. He might also help you out with Brazilian documents, such as CPF, bank accounts and more.

In addition, a qualified lawyer for Brazilian naturalization knows which specialized agencies to appeal to in Brazil and can inform the interested parties which documents and fees are important for each procedure to move forward.

How do I start the naturalization process?

To start the naturalization process you need to access the official website of the Brazilian Government and follow all the steps it will guide you!

The text continues after the infographic.

It’s important to remember that the process begins through the website but is forwarded to face-to-face interviews. That is, during the process, you must remain in Brazil!

If you need legal assistance from our team, please message us on WhatsApp.

The post Lawyer for Brazilian naturalization: what you need to know! appeared first on Koetz International and Succession.

Countries that do not have an extradition agreement with Brazil

Eduardo Koetz — Fri, 23 Jun 2023 19:17:20 +0000

The extradition process in Brazil is a matter of great national repercussion. Every year media cases appear on the subject of extradition, generating debates and questions about the process.

In this text, we seek to clarify the most common doubts about the procedure and which countries Brazil does not have an extradition agreement. In addition, we will explain the difficulty in establishing extradition agreements with some countries.

Author: Lucas Velozo de Mello Marchiori

If you need legal assistance from our team, please message us on WhatsApp.

What is extradition?

Extradition is a process of international cooperation. This act occurs when the government of a country requests that another State hand over a citizen.

The request for the delivery of the person can happen for several reasons. Among them, are the investigation, prosecution, or conviction for the commission of one or more crimes in another country.

In Brazil, there are specific rules on the extradition procedure. In addition, there are situations in which extradition cannot be applied.

Who can be extradited?

The Brazilian Federal Constitution guarantees that no Brazilian citizen can be extradited by Brazil. A native Brazilian is understood to be:

Those born in Brazil, even if of foreign parents, as long as they are not in the service of their country;
Those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is in the service of Brazil;
Those born abroad to a Brazilian father or Brazilian mother provided that they are registered with a competent Brazilian department or come to reside in the Federative Republic of Brazil and opt, at any time, after reaching the age of majority, for Brazilian nationality;

Therefore, foreign citizens residing in Brazil or who have naturalized as Brazilians may be extradited.

The extradition procedure will depend on whether Brazil has signed agreements with the country requesting extradition. It is of great importance for the process to know which countries have an agreement with Brazil. In this article, we will check the countries that do not have agreements with Brazil and the main reasons.

Why are there countries without an extradition agreement with Brazil?

Brazil has an extradition agreement with many countries. Among them, the United States, China, most of Europe, and Mercosur countries stand out. However, there are large countries that still do not have an agreement with Brazil.

This lack of agreement exists for several reasons. The absence of diplomatic relations between countries is one of them.

There are countries in which Brazil does not have strong diplomatic ties. In many cases, there is not even a Brazilian diplomatic representation in these countries. This is the case for example in Monaco, Lithuania, Afghanistan, and Iceland.

In addition, the cultural issue can also be a major impediment to agreements not to take place. The culture of a country is formed by several factors, with religion having a great impact on this formation. It is much easier for Brazil to sign agreements with Christian countries in the area of extradition.

How difficult is it for Brazil to sign agreements with non-Christian countries?

Observing all the treaties signed by Brazil, we observe something common in most of the agreements. Most of the time, countries have a similarity in their penal codes.

These similarities say a lot about what conduct is considered criminal. Furthermore, it is a common requirement in the agreements that the possible crimes for extradition have the same denomination between the two countries.

If you want to know all of Brazil’s extradition agreements, access our article here.

In many non-Christian countries, there are behaviors seen as criminal that are not classified as a crime in Brazil. In this way, it would not be possible for Brazil to agree to extradite a citizen for an action that is not considered a crime.

For example, adultery has not been a crime in Brazil since 2005. However, in most non-Christian countries, this conduct is classified as a crime.

Furthermore, the penalties for some of these crimes are very strict. Some penalties involve physical punishment and even death. This rigor ends up affecting Brazil’s commitment to human rights.

Countries that Brazil does not have an extradition agreement

We will list here all the countries in which Brazil does not have an extradition agreement. Extradition to these countries can take place if there is reciprocity. That is if the country also extradites Brazilian citizens if requested.

If you need legal assistance from our team, please message us on WhatsApp.

Communication between countries through diplomatic channels is of great importance in these cases. Here is the complete list of countries:

Afghanistan;
South Africa;
Albania;
Germany;
Andorra;
Antigua and Barbuda;
Saudi Arabia;
Algeria;
Armenia;
Austria;
Azerbaijan;
Bahrain;
Bangladesh;
Barbados;
Belarus;
Belize;
Benin;
Bosnia;
Botswana;
Brunei;
Bulgaria;
Burkina Faso;
Burundi;
Bhutan;
Cape Green;
Cambodia;
Cameroon;
Qatar;
Kazakhstan;
Chad;
Comoros;
Democratic Republic of Congo;
Cook Islands;
North Korea;
Costa do Marfim;
Costa Rica;
Croatia;
Cuba;
Denmark;
Djibouti;
Dominica;
Egypt;
El Salvador;
United Arab Emirates;
Eritrea;
Slovakia;
Slovenia;
Estonia;
Ethiopia;
Finji Islands;
Philippines;
Finland;
Gabon;
Gambia;
Ghana;
Georgia;
Grenade;
Guatemala;
Guyana;
Guinea;
Guinea Bissau;
Equatorial Guinea;
Haiti;
Honduras;
Hong Kong;
Hungary;
Indonesia;
Will;
Iraq;
Ireland;
Iceland;
Jamaica;
Japan;
Jordan;
Kiribati;
Kosovo;
Kuwait;
Laos;
Lesotho;
Latvia;
Lebanon;
Liberia;
Libya;
Liechtenstein;
Luxembourg;
Macao;
Macedonia;
Madagascar;
Malaysia;
Malawi;
Maldives;
Mali;
Malta;
Mariana Islands;
Morocco;
Marshall Islands;
Mauritius;
Mauritania;
Micronesia;
Mozambique;
Moldova;
Monaco;
Mongolia;
Montenegro;
Myanmar;
Namibia;
Nauru;
Nepal;
Nicaragua;
Niger;
Nigeria;
Norway;
New Zealand;
Omâ;
Sovereign and Military Order of Malta;
Netherlands;
Palau;
Palestine;
Panama;
Papua New Guinea;
Pakistan;
Poland;
Kenya;
Kyrgyzstan;
Sahrawi Arab Democratic Republic;
Central African Republic;
Dominican Republic;
Czech Republic;
Rwanda;
Russia;
Solomon Islands;
Western Samoa;
San Marino;
Saint Lucia;
Saint Kitts and Nevis;
Sao Tome and Principe;
Saint Vincent and the Grenadines;
Senegal;
Sierra Leone;
Serbia;
Seychelles;
Singapore;
Syria;
Somalia;
Sri Lanka;
Swaziland;
Sudan;
Southern Sudan;
Sweden;
Suriname;
Tajikistan;
Thailand;
Taiwan;
Tanzania;
East Timor;
Togo;
Tonga;
Trinidad and Tobago;
Tunisia;
Turkmenistan;
Türkiye;
Tuvalu;
Uganda;
Uzuberkistan;
Vanuatu;
Vatican;
Vietnam;
Zambia;
Zimbabwe.

If you need legal assistance from our team, please message us on WhatsApp.

The post Countries that do not have an extradition agreement with Brazil appeared first on Koetz International and Succession.

How to Obtain Equal Rights for Portuguese Citizens

Eduardo Koetz — Thu, 22 Jun 2023 17:01:18 +0000

Portuguese citizens residing in Brazil can apply for the benefit of equal rights. The benefit must be requested by the interested Portuguese citizen, since its concession is not automatic. Understand now, the Portuguese equals rights.

In this article, we will detail how the application works, who can apply for the benefit, and answer the main questions about the process.

If you need legal assistance from our team, please message us on WhatsApp.

Collaborator: Lucas Velozo de Mello Marchiori

What is the use of equal rights for Portuguese citizens in Brazil?

Portuguese citizens residing in Brazil can apply for equal rights without going through the Brazilian naturalization process. Both Portuguese who are not interested in Brazilian naturalization, and those who still do not meet the requirements, tend to apply for this benefit.

There are different types of equal rights, with changing requirements for each.

Can any Portuguese citizen residing in Brazil request Portuguese equal rights?

The first requirement for a Portuguese citizen to apply for equal rights is to be a resident of Brazil. However, not any type of residence permit meets the requirement.

The residence permit of the Portuguese citizen in Brazil must be for an indefinite period.

If you want to have more details about the types of permanent residence permits in Brazil, visit our article dedicated to the subject.

The Portuguese citizen must also have the civil capacity, and be over 18 years old. The Portuguese citizen will have the right to apply to the Brazilian authorities for equal civil rights by meeting these conditions.

Equal civil Portuguese equal rights and obligations

Equal civil rights and obligations are a benefit that guarantees the rights of civil life in Brazil, not including political rights.

To apply for this benefit, it is sufficient for the Portuguese immigrant to present a Certificate of Nationality. This certificate must state that the immigrant is in good standing in Portugal.

In addition, the immigrant must prove to have habitual residence in Brazil. There is no minimum residence period to prove.

Portuguese citizens must prove their effective residence in Brazil through vouchers. In this way, documents such as water bills, energy bills, credit cards, and rental contracts, among others, can be presented.

What are the civil rights and obligations?

Equal civil rights and obligations encompass a series of aspects.

Civil rights have a direct connection with the individual freedom of the citizen. Thus, they involve freedom of thought, the right to property, the right to enter into valid contracts, and the right to justice.

In practice, the Portuguese citizen benefitting equal rights and civil obligations may request the RG. Thus, the citizen will be able to have the Brazilian identity document, without having to naturalize.

Civil rights and obligations and enjoyment of political rights

There is a specific benefit for Portuguese citizens who also wish to exercise political rights in Brazil. This benefit is called equality of civil rights and obligations and enjoyment of political rights.

The required documents are the same as for equal civil rights and obligations. However, this benefit has a greater requirement to be achieved.

Therefore, it is not enough for the Portuguese citizen to have habitual residence in Brazil. It will be necessary to demonstrate that he has resided permanently in Brazil for at least 03 years.

What are political rights?

Political rights involve participating directly in political life in Brazil. Thus, the Portuguese citizen who obtains this benefit will be entitled to participate in political life.

It will be possible to apply for voter registration in Brazil. Therefore, the Portuguese citizen with the benefit will have the right to vote, even if he is not a Brazilian citizen.

Political rights for those who already have equal civil rights and obligations

Portuguese citizens who have already obtained equal rights and civil obligations in Brazil can apply for political rights. However, the citizen must respect the period of 03 years of definitive residence in the country.

The Portuguese citizen must present another document to request political rights in these cases. A Copy of the Brazilian Identity Card and the original copy for verification will be required to apply for the benefit.

What is the procedure for applying for the benefit?

The Ministry of Justice and Public Security is competent to analyze requests for equal rights. The request for the benefit must be made in person by physical protocol, or online using electronic protocol.

The online request must be made through the External User Access by Electronic Petition of the SEI System. However, for this petition to take place, it is necessary to register on the electronic portal of the Ministry of Justice and Public Security.

In addition, through registration, it is possible to follow the entire progress of the request for the benefit. It is also possible to check the application’s status by emailing the Ministry of Justice.

Our lawyers can assist and request this benefit. So click here to get in touch with our experts.

Does the equality benefit have an expiry date?

The benefit of equal rights and duties is not a lifetime benefit. The duration of the benefit depends on the residence permit in Brazil.

Therefore, the Portuguese citizen who loses the status of permanent resident in Brazil will also lose the benefit of equal rights. Permanent residents in Brazil mustn’t stay outside Brazilian territory for more than two years.

Likewise, Portuguese citizens who lose their Portuguese nationality, regardless of the reason, will also lose the benefit of equality.

If you need legal assistance from our team, please message us on WhatsApp.

The post How to Obtain Equal Rights for Portuguese Citizens appeared first on Koetz International and Succession.

Export mediation contract

Eduardo Koetz — Tue, 20 Jun 2023 19:14:27 +0000

Find out how the Export Contract works, in addition to understanding Brazil’s role in the foreign market.

Considering the significant growth of the export market involving Brazil, which reached a level of over 330 billion USD in 2022 and is expected to be even larger this year, several traders and producers are seeking entry into this market due to the various benefits granted to those who venture into exports. In order to do so, it is common to outsource the responsibility of the actual sales process. Let’s see how it is usually achieved.

The international trade scenario involves extensive market movement, with a significant monetary value of goods transiting between ports worldwide. At the same time, it is a considerably more formal commercial environment than the domestic one, with various national and international regulations, as well as customs procedures adopted by importers and exporters.

In light of this, professionals focused on intermediating between the seller and the buyer emerge. These professionals act directly on behalf of the product supplier through a mediation contract. The idea is to outsource the sale process to those who already have the right contacts and a pre-established operational setup to reach potential buyers for the product provided by the exporting entrepreneur.

Author: Leonardo Almeida Lacerda de Melo

If you need legal assistance from our team, please message us on WhatsApp.

The Responsibility of the Parties in the Mediation

Since it is a specific type of service provision, Intermediation is concretized through a contractual agreement where all terms of the agreement, such as deadlines, financial aspects, and, most importantly, the responsibility of both parties, should be specified. Let’s take a closer look at how this actually happens.

Responsibilities of the Intermediator

To understand the specific responsibilities of the Intermediator, it is interesting to grasp the general idea of their role. First and foremost, it is inefficient for a producing company to invest time and money in acquiring in-depth knowledge of international trade to the extent of being able to handle all negotiations with importers on their own. Therefore, it is common to outsource this need to intermediates.

The Intermediator will not only identify the exact customer for the product they are offering but also handle all negotiations and procedures for a successful sale. They will relay pertinent information between the parties about the product, prices, deadlines, and logistics, negotiate export terms, and often act as a commercial representative for an exporter in a specific country or region if they have the knowledge and structure to do so.

Hence, the Intermediator is responsible for the sales process from start to finish (depending on what is stipulated in the contract) with the respective Buyer in the most efficient manner for the Exporter. In practice, the Intermediator will act as a representative of their Client throughout the entire sales process, with the Client being the supplier of the goods intended for export.

Responsibilities of the Client

To ensure the smooth progress of customer acquisition and negotiation, it is the responsibility of the Intermediator’s Client to maintain stock (or production turnover in future contracts) of the offered product. This product maintenance will likely be outlined in the contract with the Intermediator.

The purpose of directly stipulating the Client’s responsibility for the product, as well as its proper compliance with international trade regulations (more information in our article), is to preserve the Intermediator’s reputation in the market and avoid any disputes arising from a fruitless export procedure, which, in itself, generates certain expenses for both parties.

Therefore, the Exporter must ensure from the outset that their company, production, and product inventory are properly regulated for the intended export, in order to fulfill the agreement with the Intermediator and ensure the successful execution of the export itself.

How Exportation Works with Export Contract

The export procedure, as well as the export contract, tends to vary depending on the goods, destination, and formalities sought by the parties involved. As an example, trade between Brazil and China is considerably vibrant, attracting various agreements aimed at facilitating exports and imports between the two nations, as stated in our aforementioned article.

For instance, in the software industry, which is relatively more complex due to the fluidity between product and service depending on what is offered, taxation tends to vary considerably. Furthermore, as digital products, there is no need for export logistics.

In another scenario, such as commodities, we see a more competitive and rigid market, with product values determined in stock exchanges that even state future prices for the purpose of stabilizing the market concerning future contracts for continuous supply. In simpler terms, there is hardly any negotiation regarding the base price of the product, with the value varying more due to logistics negotiation based on the incoterm defined between the parties (more information in the section related to the export contract).

In other words, the more responsibility the Exporter takes on in terms of logistics, the higher the final product price tends to be. The price may also vary depending on the time of year (due to the harvest of certain products), the fee for the Intermediator’s services, and taxation.

The Export Contract

The export contract itself is one of the most detailed contracts in private international relations (which do not involve public entities). It will specify the product, including all its specifications such as quality, volume, weight, etc. It is also common for the importer to request samples before settling the agreement to verify the quality of the merchandise.

The export contract will also include information regarding payment, which is usually made through credit instruments such as SBLC or Letter of Credit, involving the financial institutions of the parties. The idea behind using a Letter of Credit as a payment method is that the financial institution receiving the credit requires the Exporter to fulfill the proper exportation of the products before releasing the payment.

By opting for a Letter of Credit, which is a common payment method in this type of relation, the export value has already been secured by the bank, but the Exporter can only access the funds after exporting the product, providing security for both parties.

There is also the choice of the incoterm defined between the parties. Incoterms are standardized logistics clauses developed by the ICC and updated every 10 years. Incoterms have been widely adopted in the international market and are used almost universally in international contracts.

It’s important to consider the variation in responsibility between the exporter and importer depending on the selected incoterm. This clause will define who will handle the transportation, responsibility for the goods, and insurance against any accidents throughout the transportation process. Naturally, as previously mentioned, the final price of the product in the export contract will also vary depending on the incoterm.

Also, depending on the negotiation, product, etc., various clauses may occur in the export contract, such as confidentiality of the entire negotiation, future supply maintenance resulting in multiple rounds of exportation and payments, and exclusivity, among others.

Taking the First Step on Export Contract

To enter the international market, the producer must identify the appropriate market for their production. This can be done through market research, which will indicate the demand in the foreign market, where to focus the exports, which intermediaries to hire, the suitability of their product, and whether exportation is indeed viable.

The research can begin with the producer acquiring market information by attending trade fairs, conducting studies and independent research, acquiring data, or seeking assistance from a trading company or specialized intermediary. With professional assistance, a few weeks are sufficient to get an idea of the market and even secure a final buyer, depending on the product to be exported and the complexity of the market for that product.

Once the target buyer is identified, the producer can then begin the adaptation process, which can be done with their own resources or with various financing programs available in Brazil.

The Importance of Hiring a Specialized Firm for the Export Contract

As demonstrated, the export contract has intricate nuances that need to be observed. It is in the exporter’s interest to ensure that there are no doubts regarding deadlines, logistics, payments, and overall costs of the entire export process. Moreover, the entire procedure requires caution due to the significant monetary value involved in the operation.

Various issues may arise, such as disagreements over the final value including taxes, responsibility for accidents that occur during logistics, responsibility for damaged or substandard goods, and failure to meet deadlines, among many others.

Due to the unique knowledge required, with very few specialists operating in the market, hiring specialized lawyers, such as those from Koetz Advocacia, makes the process safer, faster, and more efficient for the exporter.

If you need legal assistance from our team, please message us on WhatsApp.

The post Export mediation contract appeared first on Koetz International and Succession.

Brazilian Naturalization with 1 Year of Permanent Residence

Eduardo Koetz — Tue, 20 Jun 2023 10:30:52 +0000

Ordinary Brazilian naturalization requires 4 years of permanent residence in Brazil, but there are exceptions that can grant residence with only 1 year of permanent residence!

For example, spouses of Brazilians, children of Brazilians born abroad, or people who have provided relevant services to the country, among others.

In addition, you must understand that permanent residence authorization and indefinite authorization are prerequisites for obtaining Brazilian nationality and depend on approval by the Brazilian Government. Therefore, the foreigner must verify the specific requirements and requirements for each case, as they may vary according to individual circumstances.

If you need legal assistance from our team, please message us on WhatsApp.

Who can apply for Brazilian naturalization with reduced residency time?

Initially, those who can apply for Brazilian naturalization with reduced residency time are individuals who:

Are married or in a stable union with a Brazilian citizen;
Have a Brazilian child;
Have provided relevant services to the country, such as artists, scientists, and athletes, among others;
Were born in a country where the official language is also Portuguese.

The text continues after the infographic.

What is the time reduction in these cases?

It goes from 4 years to 1 year, and the residency does not need to be continuous. However, the type of residency authorization must be permanent. In other words, before that, you still need to fulfill 2 years of temporary residency (for a specific period).

The rule is that you can make sporadic trips during this period, as long as they do not exceed 90 days.

Regarding the steps prior to permanent residence, can I reduce the waiting time for Brazilian naturalization?

Yes. First, let’s review the steps:

apply for a visa while still in your country of origin, if required in your case;
come to Brazil with a valid and correct visa;
enjoy your visa time*;
apply for a temporary residence permit (for a specified period);
wait the term of the temporary authorization and, 90 days before it expires, apply for the permanent one;
wait 1 year with permanent residence (if you fit the requirements, if not, you need to wait 4 years).

To reduce the time in the pre-permanent residency steps, you can skip the “enjoy the visa term” step (highlighted with * above).

That is, once you arrive in Brazil, immediately apply for your temporary residence permit.

You must remember that the process of applying for a residence permit may vary according to the category of visa you have, your country of origin, and other factors, so it is recommended to consult the Brazilian Embassy or Consulate in your country of origin before traveling to Brazil for more information.

The text continues after the infographic.

How long before my visa expires can I apply for a temporary residence permit?

Ideally, you should apply for authorization starting 90 days before your visa expiration. This is because the Brazilian government does not authorize the request before this period. However, it’s important to prepare yourself 1 to 6 months before opening the request.

This way, you can better prepare yourself, avoid unforeseen events, and gather the necessary documentation to prove your justification for staying in the country. In other words, you can prepare better to reduce the chances of the residency request being denied.

How long before my temporary residency ends can I apply for a permanent residence permit?

In summary, 90 days. Additionally, you should be prepared beforehand, from 1 year or 6 months, to speed up the process and reduce the risk of denial for Brazilian naturalization.

How long before my permanent residence authorization expires can I apply for naturalization?

You can apply as soon as you complete this 1 year. As the authorization for indefinite residence does not “expire”, that is, it has no deadline, you only need to complete the required time.

The text continues after the infographic.

Once you have completed the required time (1 year in the cases of exceptions we explained), you can request Brazilian naturalization, provided you also meet the other requirements.

Do I need a lawyer to apply for Brazilian naturalization?

It’s not mandatory to hire a lawyer to request Brazilian naturalization, but it can be a good idea. An immigration lawyer knows Brazilian laws and regulations and can help you prepare and correctly present your request, as well as help you answer any questions or solve any problems that may arise during the process.

Additionally, the lawyer can provide valuable guidance on what documents and information are required for the request and how to fill them out correctly.

In summary, hiring a lawyer to request Brazilian naturalization can increase your chances of success and facilitate the process, but it’s not mandatory.

The text continues after the infographic.

What are the risks of applying without a lawyer?

Applying for Brazilian naturalization without the assistance of a lawyer can lead to errors or omissions in the presentation of the application or necessary documents, which can harm your chances of success.

Additionally, without knowledge of Brazilian laws and regulations, you may not be aware of all the required requirements and deadlines, which can also harm your application.

Another risk is that, without adequate knowledge about the Brazilian naturalization process, you may not be able to adequately respond to questions or clarify doubts during the process, which can lead to delays or even a denial of the application.

Finally, the Ministry of Justice does not allow multiple Brazilian naturalization applications, meaning that you must be precise in your application and have all the necessary documents on hand.

Therefore, with a specialized professional accompanying the entire process, errors can be avoided and the Brazilian naturalization procedure can be more successful.

What are the other types of naturalization besides ordinary?

Brazil offers other types of naturalization, read about them below:

Extraordinary: in addition to other requirements, the foreigner must have been in Brazil for 15 uninterrupted years;
Provisional: for minors under 18 years old;
Definitive: for individuals who have reached the legal age and must be applied for within 2 years;
Special: for individuals who are companions or spouses of immigrants employed in diplomatic missions or Brazilian consular offices for more than 10 uninterrupted years; individuals in the service of the Brazilian State abroad and members of the Brazilian Foreign Service in activity.

The text continues after the infographic.

Brazilian naturalization with 1 year of permanent residence

In this text, you read about Brazilian naturalization with 1 year of residency. Therefore, you analyzed the main rules throughout the text, understood the requirements, and learned about the types of naturalization.

Remember that naturalization is the process by which a foreigner becomes a Brazilian citizen. It is possible to apply for naturalization after having permanent residence in Brazil for at least 1 year, being at least 18 years old, having good criminal and police records, and having sufficient knowledge of the language.

Additionally, the naturalization process includes submitting a series of documents and undergoing analysis by the Federal Police, who may request more information or documents before making a decision.

You may also consider the importance of adequate legal assistance, which can benefit the foreigner and facilitate the naturalization process.

If you need legal assistance from our team, please message us on WhatsApp.

The post Brazilian Naturalization with 1 Year of Permanent Residence appeared first on Koetz International and Succession.

10 ways to invest in Brazilian companies without coming to Brazil

Eduardo Koetz — Fri, 16 Jun 2023 18:02:42 +0000

If you are a foreigner or non-resident Brazilian and want to invest in Brazilian companies, continue reading this article and see the main ways to invest without coming to Brazil.

Author: Bianca Noronha Anchieta Aragão

If you need legal assistance from our team, please message us on WhatsApp.

10 ways to invest in Brazilian companies without coming to Brazil

Investing in Brazilian companies can be considered a “sea of opportunities”, even more so for foreign investors.

The purchase of short or long-term shares of Brazilian companies and debentures are some attractive options that Brazilians and non-resident foreigners can choose to operate in the Brazilian financial market.

But, did you know that you can do this without coming to Brazil?

If you want to invest in Brazilian companies but still haven’t worked up the courage to not know how to do it while living abroad, check out this article on what you need to know and the main types of investment currently offered.

Can non-resident Brazilians and foreigners invest in Brazilian companies without coming to Brazil?

First, you should know that Brazilians and non-resident foreigners can invest in Brazilian companies without coming to Brazil.

If you are a non-resident Brazilian and haven’t delivered the Communication or the Definitive Exit Statement, you can invest in Brazil like any other Brazilian who lives in the country.

If you are a foreigner or non-resident Brazilian, who has completed all the final exit procedures, you must become a Non-Resident Investor.

Non-Resident Investors can invest in the same products available to residents in the country and, in addition, receive a differentiated treatment from the Federal Revenue of Brazil and the financial market.

To become a Non-Resident Investor, you must follow certain procedures established by the National Monetary Council (CMN). Check out!

What to do to become a Non-Resident Investor?

According to CMN Resolution 4.373, anyone wishing to become a Non-Resident must indicate:

Legal Representative;
Fiscal Representative;
Custodian.

The appointment of a Legal and Tax Representative is necessary to give you a Tax Domicile and give you the possibility to carry out acts even outside Brazil.

This representative must be someone you trust, such as a lawyer or a Financial Institution, who will fulfill and be responsible for your tax obligations.

In addition, it is necessary to clarify that the Legal Representative, if an individual, must indicate a financial institution to be jointly and severally liable for tax obligations, through civil liability insurance.

The Custodian, on the other hand, must be an Institution recognized and authorized by the Stock Exchange Commission (CVM) and the Central Bank.

In addition, it’s necessary to have an account domiciled abroad, with Central Bank Regulations.

What are the tax obligations of a Non-Resident Investor?

As already mentioned, Non-Resident Investors receive special treatment from the Federal Revenue Service and the Financial Market.

First of all, it’s necessary to present the Annual Income Tax Declaration (DIRPF) resulting from the movement of capital into Brazilian territory.

As for taxation, it will be differentiated, both on Financial Operations (IOF) and on Income Tax (IR).

It’s ideal for you to have specialized advice to guide you on taxation in each type of investment and also to provide any necessary assistance.

If I invest as a non-resident, is it possible to obtain an investor visa in the future?

Yes, it’s possible to obtain an investor visa in the future, as long as capital remittances follow the investment registration procedures at the Central Bank, which are quite simple to do but need to be done BEFORE sending the money to Brazil.

The exchange operation must be registered with the Central Bank as an investment.

10 ways to invest in Brazilian companies without coming to Brazil

Now that you know what to do to be able to invest in Brazilian companies, see the main forms of investment that are currently offered:

Open your own company

It’s possible to open your own company in Brazil without ever having been to the country.

Yes, currently every company opening process can be done remotely, with the help of a lawyer.

After opening the company, it’s possible to appoint a representative to take steps and have a physical address, either by renting or buying a property, which is also possible to do online or by hiring a “virtual office”.

The virtual office is a company that you can hire, it will receive subpoenas and correspondence and will send them to you, in addition to having the necessary documentation to obtain documentation at the City Hall of the chosen city.

It’s important to know if it’s a well-established and reliable company because it will not be able to delay the delivery of mail, for example.

The attorney-in-fact should preferably be a lawyer, as many actions he will take may be restricted to a lawyer. In addition, it can be hired for a fixed monthly fee or on demand. The activity of each type of company will make it more or less necessary.

Finally, it’s possible to operate a bank account, hire employees, fire employees and manage the most diverse types of companies remotely, without having to come to Brazil.

Invest in an established small or medium-sized company

Investing in an already incorporated company is even simpler than opening your own company, as the small company already incorporated will have its own administrator and legal representative.

This type of investment can be made in several ways, under free contracting of the Brazilian company with the foreign investor.

The necessary precautions are the verification of the company’s financial and fiscal situation, its debts, and its current and future cash reserves.

It’s interesting to have the support of an accountant and a specialized lawyer for a controlled operation, which may seem complex at first, but after this first phase, it can yield much more income and establish a long-term partnership.

Investment in Fixed Income

Investment in fixed income can be done simply and quickly with great security through traditional banks like as Banco do Brasil, Bradesco, Banrisul, Santander, Itaú, Caixa Federal and others.

This yield accompanies the “SELIC RATE”, which is the basic interest indicator of the Brazilian economy. The higher the Selic rate, the higher the income paid to this type of application.

The risk is minimal and, in general, it is not losing money, but just not receiving the estimated amount. In the 1st quarter of 2023, for example, the yield was between 0.8% and 1% per month on invested capital.

It’s common for foreigners to borrow money abroad (where they have credit) to invest in fixed income in Brazil.

Purchase of shares on the Stock Exchange

The main way to invest in companies in Brazil is through the purchase and sale of shares.

Shares are one of the types of variable income investments and are normally offered on the Stock Exchange.

By applying this modality, you will be buying fractions of a company, and becoming a partner of the same.

In this case, the invested capital will fluctuate along with the company’s performance. If you have good results, the value of your share will increase, however, the opposite can also happen.

Debêntures (a way to invest in Brazilian companies)

Debêntures are fixed-income securities issued by companies, which act as a loan for them to carry out their plans.

In this modality, the investor is remunerated through interest, which can be pre-fixed, post-fixed, or hybrid.

Debentures tend to have a higher return among fixed-income investment types.

However, its risk is higher than that of other types of financial investments presented. This is due to the fact that there is no guarantee from the Credit Guarantee Fund in this modality.

That is, if the company goes through financial problems and is unable to pay its debts, this body will not assume them.

ETF

The Exchange Traded Fund (ETF) is an investment fund, a group of shares, that you can apply without having to buy an asset at a time.

ETF shares are traded on the stock exchange and are based on a market index.

The biggest advantage of the ETF is its high profitability since it is possible to transform investment into cash quickly and without losing value.

An example of an ETF is the BOVX11. In this investment fund, you will acquire shares of the largest companies in Brazil, such as VALE, Petrobras, Itaú, Bradesco, Ambev, Embraer, and Magazine Luiza, with just one purchase order.

Day Trade

Day Trade is short-term negotiations, carried out on the stock exchange, which combines the purchase and sale of the same share on the same day, by the same investor.

Thus, the settlement of a Day Trade is exclusively financial, since the shares don’t transit through the investor’s investment portfolio.

Day Trade tends to have some special features compared to other stock purchases and sales.

Brokerage houses, for example, usually practice cheaper brokerage fees than traditional operations. In addition, Day Trade taxation is also differentiated.

Crowdfunding

Regularized by the Securities and Exchange Commission (CVM) in 2017, Crowdfunding is considered Collective Financing, in which a company exposes its project or investment plan for a group of investors to finance it.

In this modality, there is a deadline for the return on investments, being a differential when compared to other modalities.

In addition, not all Financial Institutions offer this type of investment, so it’s necessary to do research and have good advice to choose the best option.

Angel Investor ( a way to invest in Brazilian companies)

Angel Investor is an investment that involves a considerable amount of investment, with a high volume of capital and risk.

In this modality, in addition to the invested capital, the investor will also offer his knowledge to help in the growth and expansion of the company.

That is, by ensuring the company’s high growth potential, the investor will get a return on his contribution.

BDR

In case you want to invest in Brazil and in some foreign companies, without having to deal with the bureaucracy of other countries, you can count on the BDR.

Brazilian Depositary Receipts (BDR) are certificates from foreign companies that allow their shares to be traded in Brazil.

It should be clarified that whoever acquires a BDR is not directly purchasing the shares of a company abroad. In fact, they invest in securities that represent these stocks.

Despite this, the BDRs are beneficial, as they dispense with opening an account in a foreign brokerage and other procedures that a common international investment requires.

If you need a specialist to have better guidance on the possibility of investing in Brazilian companies or how to regularize yourself, contact us.

If you need legal assistance from our team, please message us on WhatsApp.

The post 10 ways to invest in Brazilian companies without coming to Brazil appeared first on Koetz International and Succession.

How to Revalidate and Recognize Foreign Diplomas in Brazil

Eduardo Koetz — Wed, 14 Jun 2023 15:48:29 +0000

Recognizing and validating foreign diplomas is important for immigrants who intend to come to Brazil. Likewise, it is a relevant process for Brazilians who graduated abroad.

In this article, we will provide detailed information about the process of recognition and revalidation of foreign diplomas in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Velozo de Mello Marchiori

What are the requirements to revalidate a foreign diploma in Brazil?

For the applicant to revalidate a foreign higher education diploma, the course taken must correspond to Brazil. That is, the course must be recognized in the same level and area or equivalent in Brazilian territory.

A public education institution in Brazil must carry out the recognition of the foreign diploma. Therefore, only a public Brazilian university, regularly accredited and maintained by the Government, can revalidate diplomas.

How does the process for the revalidation and recognition of foreign diplomas work?

As mentioned, the process for revalidation of a higher education diploma must take place through a Brazilian public university. However, Brazil does not have any agreement for the revalidation and automatic recognition of higher education diplomas with any country. Therefore, the revalidation and recognition process is the same for diplomas from all countries.

The educational institution will define the procedure and the documents to be presented for the revalidation process. Educational institutions are free to establish their own revalidation and recognition processes. However, there are common aspects between these processes.

The basic documents required are a copy of the applicant’s diploma and transcript. However, these documents must be legalized to be valid in Brazil. If you want to know more about the document legalization process, visit our article dedicated to the subject.

It will be up to the university responsible for the recognition analysis to request, when deemed necessary, the translation of the foreseen documentation.

In addition, the applicant must pay a fee referring to the cost of administrative expenses for the revalidation and recognition of diplomas. However, the value of the fee is not predetermined by the National Council of Education or by the Ministry of Education, varying between institutions.

The deadline for the university to decide on the application for revalidation of undergraduate degrees depends on the type of procedure. By regular procedure, it is up to 180 days, and by simplified procedure, it is up to 60 days, counting from the date of delivery of the necessary documentation.

How is the regular procedure?

The first stage of the procedure is to contact the Brazilian public university that will revalidate the foreign diploma. In this way, the applicant will be aware of the necessary documentation that he must present.

After the applicant gathers the documentation, he must submit the documents for analysis by the educational institution. The institution has a period of 30 days after receiving the documentation to inform whether everything is adequate. Thus, the institution will generate a protocol if the documentation is correct.

From this moment on, the analysis stage will begin. The educational institution has a period of up to 180 days to complete the analysis. Thus, the educational institution will compose an evaluation committee and, in the end, issue an opinion on the request for revalidation and recognition of the diploma.

The educational institution may request additional information and also request that the applicant complete additional disciplines. In these cases, the applicant must present proof of the course taken.

After completing this stage, the educational institution discloses the result of the process. The institution provides the opinion with an analysis of approval or rejection of the process.

In case of approval, the institution will apostille the diploma within a period of up to 30 days. After that, it is enough for the applicant to carry out the withdrawal of the diploma revalidated and recognized in the national territory.

How does the simplified procedure work?

The simplified procedure applies in the following cases:

For Graduate:

Diplomas from foreign courses or programs are indicated in the specific list produced by the Ministry of Education and made available through the Carolina Bori Portal. A list of courses or programs has already been submitted to three analyses by different revalidating institutions with positive approval.
Graduates in courses from foreign institutions accredited under the assessment of the MERCOSUR Regional Accreditation System for University Courses (ARCU-SUL System).
Graduates in foreign courses or programs have received students with a scholarship granted by a Brazilian government agency within a period of five (5) years.

For Postgraduate:

Diplomas from foreign courses or programs are indicated in the specific list produced by the Ministry of Education and made available through the Carolina Bori Portal. A list of courses or programs has already been submitted to three analyses by different revalidating institutions with positive approval.
Postgraduates in foreign courses or programs have received students with a scholarship granted by Graduates of a Brazilian government agency within a period of five (5) years.
Postgraduate who completed a program abroad for which there is a double degree agreement with a stricto sensu postgraduate program (master’s and/or doctorate) of the National Postgraduate System (SNPG), evaluated and recommended by Capes.

The public university must assess whether the request fits into the hypotheses of simplified processing.

The educational institution must complete the recognition process within 90 days, counting from the date of the application protocol.

Postgraduate Diploma Recognition

The regulation for the recognition of a foreign diploma only involves a stricto sensu postgraduate diploma (Master’s and Doctorate). Thus, there is still no legal provision for the recognition of lato sensu graduate degrees.

Master’s and Doctorate diplomas issued by foreign universities must go through the same procedure as graduation diplomas. Thus, universities that have recognized and evaluated postgraduate courses in the same area of knowledge will be able to recognize the diplomas.

The higher education institution will also define the necessary documents.

The regular analysis period on the application for recognition of Master’s or Doctorate diplomas of up to 180 days. However, the deadline for simplified procedures is up to 60 days, counted from the date of delivery of the necessary documentation.

If you need legal assistance from our team, please message us on WhatsApp.

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Apostille of Documents: What You Need to Know

Eduardo Koetz — Tue, 13 Jun 2023 10:30:19 +0000

Apostille of documents is a service that emerged to facilitate and de-bureaucratize the international legalization of documents. Thus, a document issued in one country becomes valid in another country as long as it has a certificate of authenticity.

If you need legal assistance from our team, please message us on WhatsApp.

The Hague Convention and the Apostille

The apostille emerged with the Hague Convention in 1961, also known as the Apostille Convention. It’s an international treaty used by more than 110 countries and its purpose is to facilitate the authentication process of documents abroad. Brazil also adhered to the treaty and is part of it as one of the signatory countries. However, the agreement only came into force in August 2016, through Decree No. 8,660/2016.

This apostille of documents emerged to replace the legalization by Embassies and Consulates in order to dynamize and facilitate the process. For example, previously, in Brazil, the Ministry of Foreign Affairs carried out the apostille, which resulted in a slow, complicated, and bureaucratic process.

But, what is the apostille?

The apostille is a certificate of authenticity issued by countries that are signatories to the Hague Convention. This certificate is placed on a public document to attest to the origin and authenticity of the signature of the person or authority that came to sign or stamp the document.

Thus, this document becomes valid for other countries, which – very important – must also be signatories of the Hague Convention. This process is only valid between the countries that are part of the agreement.

In this way, the document receives a QR code and the country receiving this document can verify the veracity of the apostille through a unified database. This process is done online and allows us to verify the existence of the apostille, as well as the connection of all the apostilled documents.

Which documents can be apostilled?

There are several types of documents that can be legalized for use abroad in an Apostille of documents, mainly those related to the request for dual citizenship. Some more common examples of documents that can be apostilled are those of foreign origin issued by a local agency, such as certificates of the act of civil registration – birth, marriage, death; public power of attorney, wills, and divorce, among others.

And also, private documents that have been recognized by signature in a notary office, for example, powers of attorney and private declarations, minor travel authorization forms, in addition to diplomas, and documents issued by universities. In other words, these documents can be part of an Apostille of documents.

General Rules for Apostille of Documents

There are some rules that must be respected for issuing an apostille on documents, such as:

Original document – the signature of the signatory must be recognized (by similarity) or the public sign of the notary if the signature recognition has already been carried out in a registry office different from the one that will apostille the document.
Document in a foreign language – all documents apostilled in a foreign language must be translated by a sworn translator. And the translation must also be the subject of a single apostille.
Authenticated copy – the competent authority that issues the document is also responsible for the authenticity of the signature.
Electronic document – if the document does not have a signature with digital certificate use, it must be printed on paper by the apostille authority, with the date and time of the apostille and the indication of the website.

Where is it done? How much does it cost to apostille documents?

In Brazil, the apostilles are carried out in notary offices or notary offices in any Brazilian capital. Normally the service is not done on the same day, presenting a deadline of up to 5 business days, depending on each locality.

In addition, the service of Apostille of documents has a cost of issuance and also varies from region to region. For example, in the State of São Paulo, the apostille of a document is R$ 113.00. In Porto Alegre, the value is R$ 38.00 plus taxes and the Digital Fiscalization Seal of the Court of Justice – RS.

How to validate documents from countries that do not sign the Hague Convention

Those who have documents issued by countries that are not part of the Hague Convention need to follow another procedure, legalization.

You must carry out the legalization in your country of origin, before arriving in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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How to regularize foreign documents in Brazil

Eduardo Koetz — Wed, 07 Jun 2023 19:48:08 +0000

This article will give detailed information on how to regularize foreign documents in Brazil. We will present the ways of legalizing a foreign document, types of translation, and their exemptions. In addition, we will discuss foreign passports and criminal record certificates.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Velozo de Mello Marchiori

Ways of Legalizing a Document in Brazil

In most of the processes, especially those involving immigration, the immigrant must legalize his documents to be valid in Brazil. This legalization process can happen in two ways: with The Hague Apostille or legalization at the consulate.

The Hague Apostille is a form of international validation of documents. This validation is done in countries that have signed the so-called Hague Convention. Brazil is one of these countries. Click here to get to know all the countries that issue The Hague Apostille.

However, for the document to be valid in Brazil, it must be apostilled in its country of origin. In other words, the apostille will be made in the country where the document was issued.

Consular legalization, on the other hand, is done at Brazilian embassies or consulates abroad. You can access the contact details of all consular representations in Brazil by clicking here.

With this legalization at the Brazilian consulate abroad, the document becomes valid in Brazil. However, the consulate’s or The Hague Apostille’s legalization is not always enough. Often it will also be necessary to have the document translated.

Document Translation

There are three main ways to translate documents: a plain translation, a certified translation, and a certified translation.

A simple translation is a free translation, which can be done by anyone. This type of translation does not have public Faith; therefore, public agencies often do not accept it. Thus, a simple translation is not an official translation.

Certified translation is done by a translator who is certified by a reputable agency. This type of translation may be accepted in institutions that request a translation by a certified company with authority in the field.

Finally, there is also a sworn translation. Sworn translations are the most widely accepted type of translation in public agencies and before authorities in Brazil. This is because this translation is done by a sworn translator, recognized by the State, and registered with a Board of Trade.

In general, a sworn translation is the recommended means for official recognition of foreign documents in Brazil. It is the safest type of translation to validate the content of a document that is in a foreign language.

There are situations in which a translation will not be required. We will analyze some of these cases in the next topic.

Situations where documents do not need to be translated

As a rule, the translation of a foreign document is necessary to validate it in Brazil. But there are exceptions.

These exceptions are usually the result of the Brazilian State’s international agreements with other countries. Two important bodies that dispense with translation in some cases, due to these agreements, are the Receita Federal and the INSS. Depending on the country document’s country of origin translation may be dispensed with.

Furthermore, for immigration purposes, there are agreements that Brazil has with other countries that facilitate the translation requirement. One of the main ones is the Mercosul Agreement. This waives the translation of documents issued in the Mercosul member countries, in addition to Bolivia and Chile.

For migration purposes, a document of great importance is the passport and proof of affiliation.

Passport and filiation

To become a resident in Brazil, it is important that the foreigner presents his passport and proves the name of his parents. The Brazilian passport by default presents in its identification the name of the citizen’s parents. However, this pattern is not the rule in most passports of other countries.

Thus, in order to prove the filiation, in most cases, the passport alone is not enough. For this reason, another complementary document is necessary to make this proof.

There is no limitation as to which document should be used in these cases. But the most common is to present the foreigner’s birth certificate, showing his full name and the full name of his parents. This is the essential information for identification purposes.

Another fundamental document that the foreign citizen must present is his criminal record.

Criminal Records

The requirement to present a criminal record for residency in Brazil involves the places where the foreign citizen has lived in the last five years. Thus, his criminal record must be presented to check if there have been any criminal convictions in another country during this period.

It is also important to present the foreigner’s criminal record here in Brazil. The two main criminal records are one federal and one state, based on where the foreigner intends to live. The easiest way to get Brazilian criminal records is through the CPF.

The process of issuing a CPF to a foreigner is usually simple and fast. Any foreign citizen can request the CPF, even those who do not live in Brazil or have even come to the country.

Another option is to request in person or by e-mail the antecedents at the State Court of Justice and the competent Federal Court.

There are cases in which the immigrant will not have to present a criminal record. These cases are related to humanitarian issues. This is valid when the foreigner comes from a country in a situation of serious or imminent institutional instability, armed conflict, major calamity, environmental disaster, or serious human rights violation.

Brazil has specific humanitarian visas for some countries and current conflicts. There are humanitarian visas for Haitian and Ukrainian citizens and also for people affected by the conflict in Syria and Afghanistan.

If you would like to have more detailed information about humanitarian visas, please access our complete article on this subject here.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian family reunion visa: everything you need to know!

Eduardo Koetz — Tue, 06 Jun 2023 10:30:51 +0000

In this text, I explain what is a Brazilian Family Reunion visa, the rules, deadlines, how to obtain it, and other common doubts. After all, when coming to Brazil, many foreigners end up separating from their families, generating a painful crisis.

However, it’s possible to find a solution so that parents, children, and spouses can meet again and no longer suffer from distance.

In this text, we will explain how this visa works and the benefits for foreigners who dream of reuniting their families in Brazil!

If you need legal assistance from our team, please message us on WhatsApp.

What is a Family Reunion visa?

The Brazilian family reunion visa is a document that allows the entry of family members who are in Brazil. These family members can be:

Brazilian; or
a foreigner who has a Brazilian residence permit and lives in the country.

Thus, the purpose of this type of visa is to reunite the separated family. It brings many advantages, including the possibility of engaging in paid work.

Understand below who is entitled to it!

Who is entitled to Family Reunion?

Those who have the right to get a Family Reunion are foreigners in some relationship with a Brazilian or with a foreigner who has a residence permit in Brazil. This relationship may be:

Spouse or partner;
Son;
Brazilian father or mother;
Mother or father of an immigrant with a residence permit;
Ascending to the second degree;
Descending to the second degree;
Brother; or
Who has a Brazilian under his/her guardianship, curatorship, or custody.

In addition, the person who is in Brazil and gives the right to the visa, whether Brazilian or foreigner with a residence permit, is described by the law as the “caller”. The foreigner who is abroad, that is, who is going to apply for the family reunion visa, is described as the “called”.

Can I live in Brazil with a Family Reunion visa?

The family reunion visa is a document that will authorize your entry into Brazil. After that, once you are in the country, you can apply for your residence permit. It must be done with the Federal Police based on the justification of stay due to Family Reunion.

However, bear in mind that this authorization is linked to your relationship with the caller. So if the relationship ends or the caller’s residence permit period in Brazil expires, your authorization will also be terminated.

Where to apply for a Family Reunion visa?

The family reunion visa to come to Brazil must be requested at the Brazilian consulate in the country where you are living now.

What are the steps to obtain a Family Reunion visa?

The steps to obtain the Family Reunion visa are:

Gather evidence of the relationship between the caller and called;
Apply for a visa at the relevant consulate;
Pay consular fees;
Hand over additional documents and/or conduct interviews, if requested by the consulate.
Remembering that when you are looking for a residence permit by Family Reunion, the request must be made at the Federal Police.

How to get a Family Visa?

To obtain the “Family visa” to come to Brazil, it’s necessary:

Have a family relationship with a Brazilian or foreigner who has a residence permit in Brazil;
Gather documents that prove this relationship;
Apply at the Brazilian consulate in your country of origin;
Complete forms required and provided by the consulate;
Pay fees;
And submit the requested documents.
Among the documents, evidence of a link with the person in Brazil must already be included, which justifies the request for a family reunion visa.

What documents are required for Family Reunion?

The documents required for the Family Reunion visa, in general, are:

Valid travel document;
Passport-style photo;
Birth certificate;
Background check;
Caller documents;
And others that may vary according to the case, relationship with the caller, and specific criteria of the consulate or Federal Police.

When is the visa denied and why?

The hypotheses of having your visa denied are linked to the lack of proof of the relationship with a caller who is regular in Brazil. In addition, the visa or residence permit based on family reunion may be suspended because of:

breach of the relationship between the caller and called;
marriage performed by proxy, in the case of spouses and partners.

Text continues after infographic.

The caller’s situation interferes with the granting of the visa

It’s also important to bear in mind that the applicant’s situation interferes with the granting of the visa. The most explicit example is when the caller is already a beneficiary of a visa or residence permit by Family Reunion. They also affect cases where the caller has a provisional residence permit or when he is illegal/irregular in Brazil.

For this reason, it’s also important that the caller completes his foreigner regularization in Brazil, in order to be able to bring his family.

Other cases and situations may affect the granting of the visa.

If you need legal assistance from our team, please message us on WhatsApp.

Is it possible to have a residence permit based on a Family Reunion?

Yes, it’s possible. However, it is good to keep in mind that you must comply with the rules established by the Brazilian Government. In summary, you must prove the relationship with the caller, in addition to presenting the necessary documents for the residence permit. This request must be made in Brazil at the Federal Police.

Can refugees be callers on a Family Reunion visa?

Yes, refugees can be callers on a Family Reunion visa.

Is the Family Reunion visa temporary?

Yes, the Family Reunion visa is temporary and is valid for 1 year. However, upon arriving in Brazil, you can apply for a residence permit.

The validity of the temporary family reunion visa will be 1 year. As for the length of stay, it will depend on the link with the caller, which may be for an indefinite or determined period, that is, there will be a specific period to end the caller’s time in Brazil or he will have a more permanent authorization from the Brazilian Government.

What is the deadline for the Family Reunion visa?

The term of this visa is up to 1 year, and the stay begins to be counted from the moment of issuance. That is, if it takes time to come to Brazil, even so, the visa will already be counted.

How much does the Family Reunion visa cost?

The cost of a family reunion visa depends on the country where it is requested and can be. In 2023, the cost is around:

United States: BRL 362.50
United Kingdom (staying more than 180 days): BRL 268.75
Other countries: BRL 125.00

However, since the visa is priced under the value of gold and other references, the cost might be different at the time you read this article.

Does the “called” need proof of income to get the visa?

The called does not need to prove income to have the Brazilian Family Reunion visa in most cases. However, foreigners who apply for a family reunion visa justifying economic dependence on the applicant must prove income in order to obtain the visa.

How can an immigration lawyer help me with my visa?

In short, an immigration lawyer can help organize documentation, in addition to facilitating communication with Brazilian official bodies, which are fundamental in this type of process.

Furthermore, the chance of having the documents up to date and getting in contact with the correct bodies is greater with a specialist lawyer nearby, as the professional will be qualified to answer questions, guide the foreigner and carry out all the appropriate legal procedures.

What are the risks of not having a lawyer in the visa process?

The risk of not having a lawyer in the visa process is precisely that: not granting it. After all, without the necessary guidance, the interested party may forget documents, contact the wrong bodies, not pay fees and not fill out forms properly.

Not to mention that assistance in the process of granting the visa can lead to a gain in time and more efficiency, as the professional will know which paths to take.

What are the advantages of having a lawyer in the visa process?

From the same point of view, the advantage of having a lawyer in the visa process is having professional assistance when going through all the necessary stages for the granting. An experienced professional can effectively guide the interested party, reducing errors and increasing the chances of the visa being granted. A lawyer can make a difference in organizing steps and documentation, as there are some requirements to be met.

If you need legal assistance from our team, please message us on WhatsApp.

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Countries that Brazil has an Extradition Agreement

Eduardo Koetz — Mon, 05 Jun 2023 18:39:42 +0000

The extradition process in Brazil is a matter of great national repercussion. Every year media cases appear on the subject of extradition, generating debates and questions about the process.

In this text, we seek to clarify the most common doubts about the procedure and with which countries Brazil has an agreement. Please contact us here if you would like help from our lawyers in your case.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Velozo de Mello Marchiori

What is extradition?

Extradition is a process of international cooperation. This act occurs when the government of a country requests that another State hand over a citizen.

The request for the delivery of the person can happen for several reasons. Among them, are the investigation, prosecution, or conviction for the commission of one or more crimes in another country.

In Brazil, there are specific rules on the extradition procedure. In addition, there are situations in which extradition cannot be applied.

Who can be extradited in Brazil?

The Brazilian Federal Constitution guarantees that no Brazilian citizen can be extradited by Brazil. A native Brazilian is understood to be:

Those born in Brazil, even if of foreign parents, as long as they are not in the service of their country;
Those born abroad, of a Brazilian father or a Brazilian mother, provided that either of them is in the service of Brazil;
Those born abroad to a Brazilian father or Brazilian mother provided that they are registered with a competent Brazilian department or come to reside in the Federative Republic of Brazil and opt, at any time, after reaching the age of majority, for Brazilian nationality;

Therefore, foreign citizens residing in Brazil or who have naturalized as Brazilians may be extradited.

The procedure will depend on whether Brazil has signed agreements with the country requesting extradition. It’s important for the process to know which countries have an agreement with Brazil. From the next topic, we will list the treaties and analyze what these countries are.

Angola

The agreement establishes that the extradited person must be a national of the receiving country and the sentence must be final.

Argentina

It provides for extradition for offenses for which the law of the requested State imposes a sentence of two years or more in prison. Including not only authorship and co-authorship but also attempt and complicity.

Australia

Offenses are punishable by a custodial sentence of at least one year. Likewise, for the execution of a sentence, the minimum period must be 09 months.

Extradition between Brazil and Belgium

Crimes are punishable with a minimum sentence of one year in prison for specific crimes. Among the crimes foreseen are those against life, serious injury, theft, theft, and against public faith.

Bolivia

The agreement authorizes extradition for crimes of at least one year in prison. It encompasses authorship, co-authorship, attempt, and complicity.

Extradition between Brazil and Chile

It also provides for extradition for crimes punishable by one year or more in prison. It comprises not only authorship and co-authorship but also attempts and complicity.

China

Extradition is provided for in criminal proceedings with a prison sentence of 1 year or more, by the legislation of both Parties. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Colombia

The agreement authorizes extradition for crimes of at least one year in prison.

South Korea

Extradition will be authorized in criminal proceedings with a prison sentence of 1 year or more, according to the legislation of both Parties. However, in the case of criminal execution, at least 9 months of the sentence must remain unfulfilled. The description of crimes in the two countries needs to be similar.

Extradition between Brazil and Ecuador

The agreement is for crimes of at least one year in prison. It encompasses authorship, co-authorship, attempt, and complicity.

Spain

Offenses are punishable by a custodial sentence of at least one year. Extradition is independent of the modifying circumstances and the name of the crime.

Extradition between Brazil and USA

The agreement with the United States presents a series of foreseen crimes. Crimes against life, property and involving narcotics are some of them. However, crimes not listed in the agreement may also be subject to extradition. For this to occur, the crime must carry a penalty of deprivation of liberty capable of exceeding 1 year.

France

The agreement authorizes extradition for crimes of at least two years in prison. As for the execution of the sentence, the minimum remaining time must be 09 months.

Extradition between Brazil and Greece

The agreement provides for extradition for crimes involving deprivation of liberty or a security measure for a maximum period of one year or more. In addition, it is possible to request extradition in cases of preventive detention.

India

An offense will be extraditable if it is punishable by imprisonment for a period of at least one year, or a more severe penalty. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Israel

It will be considered a crime that authorizes extradition the one with a minimum sentence of 01 year in prison, according to the legislation of both Parties. Furthermore, a crime will authorize extradition regardless of whether the laws of the requesting and requested Parties include the crime in the same criminal category.

Italy

Crimes whose maximum expected duration is greater than one year, or more serious. Likewise, for the execution of a sentence, the minimum period must be 09 months.

Extradition between Brazil and Lithuania

The agreement authorizes extradition for crimes of at least one year in prison. In addition to authorship, it also applies in cases of complicity and attempt.

Mexico

Extradition for all offenses for which the law of the requested State imposes a prison sentence of one year or more. In addition, attempt and complicity are included.

Panama

The crime committed must be typified in the legislation of both countries and punishable by deprivation of liberty of at least one year.

Extradition between Brazil and Paraguay

The agreement authorizes crimes of at least one year in prison.

Peru

Extradition requires that the laws of both Parties impose minimum sentences of one year’s deprivation of liberty.

Portugal

It provides for extradition for offenses for which the laws of both countries establish a maximum sentence of more than one year. In addition, for the execution of a sentence, there will only be extradition if the remaining sentence to be served is at least 9 months.

Extradition between Brazil and UK

For crimes that are punishable under the laws of both States with penalties of deprivation of liberty equal to or greater than one year. In addition, to comply with the conviction, the stipulated sentence must be at least 4 months.

Dominican Republic

Both parties must impose a minimum custodial sentence of 1 year for extradition to take place. Furthermore, there is no requirement that the two countries have a common name for the crime.

Romania

The treaty applies to crimes that are punishable under the laws of both States with prison terms of at least one year.

Russia

Crimes subject to extradition are acts defined in the legislation of both Parties with a penalty of deprivation of liberty for a period of not less than one year. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Extradition between Brazil and Switzerland

Authorizes extradition for specific crimes listed in the agreement. The requested country shall punish the offense with imprisonment of one year or more.

Suriname

Required that the laws of both Parties impose minimum custodial sentences of one year for the crime.

Ukraine

The laws of both Parties shall impose a minimum sentence of deprivation of liberty of one year for the crime. Likewise, for the execution of a sentence, the minimum period must be 1 year.

Uruguay

Crimes of at least 1 year in prison, by the laws of the requested country. However, the criminal must have already been prosecuted or convicted as author, co-author, or accomplice.

Venezuela

Crimes of at least one year in prison, according to the requested State.

If you need legal assistance from our team, please message us on WhatsApp.

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Last will: how does it work in Brazil and what are the differences?

Eduardo Koetz — Thu, 01 Jun 2023 16:31:22 +0000

Dealing with death and the division and property is usually a delicate, tiring, and bureaucratic process. It can be, however, facilitated by the creation of a last will while the person is alive.

Because it’s not too common in Brazil compared to other countries, the rules which regulate wills may not be widely disseminated and known by the population.

Therefore, in the text below, we are going to explain the types of wills in Brazil, how they must be made, and what are the advantages and differences, among other subjects related to the theme.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

What is a last will and how does it work?

A last will is nothing more than a written document through which one person, named a testator, can register their wishes in regard to the division of their property after their death.

Aside from property, a testator can also indicate other subjects in the will, such as those related to their funeral or burial, choose legal guardians, or even make recommendations or conditions, for instance.

Any natural person can make a last will, as long as they are at least 16 years of age and have good physical and mental health to perform the act.

Also, it’s important to mention that only that person can make their own will and it’s not possible to be made by proxy or any other sort of representation.

Most types of wills need to be registered in a registry office for them to be considered valid.

Therefore, in general, a testator must go to a registry office with some documents, and witnesses, who can neither be family members nor be benefited from the will in any way.

While in the registry office, the testator must show:

their identity document and CPF;
the identity documents and CPF from the witnesses;
information about their marital status, address, and profession.

It’s important to remember that each registry office may require different documents that are not listed above, so it’s recommended that the testator get informed previously with the registry office to avoid any problems.

Even after the registration in the registry office, the testator can freely change their will in relation to some clauses or all clauses, and if that is the case, they must create a new will to replace the former one.

What can be included in a last will in Brazil? What if there is property abroad?

As it was mentioned before, it’s possible for the testator to communicate the division of assets and also mention other subjects that they wish.

However, in Brazil, there are some limitations related to the amount of property that the testator is able to freely distribute to whomever they wish in their will.

This happens because Brazilian law aims to protect the “necessary heirs”, which are entitled to at least 50% of the amount of property from the deceased after their death.

According to the law, the necessary heirs are:

one’s descendants (children, grandchildren, great-grandchildren etc.);
one’s ascendants (parents, grandparents, great-grandparents etc.);
one’s spouse.

This means that the testator can only leave up to 50% of their property to anyone they wish in a will, once the remaining 50% will necessarily be divided among the necessary heirs.

Likewise, it would only be possible to leave 100% of their property in a will for any person they wish if the testator does not have any living necessary heirs.

It’s also possible that the testator has some property in another country. Could these assets be included in a will in Brazil? Well, it’s not such an easy question to answer.

After all, the laws from the country where the property is located are going to regulate its division, and not the Brazilian laws, even if the owner/testator is Brazilian.

In other words, the legislation from this other country may consent to a free division of property without any obstacle, but it’s also possible that the local law would be more restrictive in regard to making a will.

Therefore, the assistance of a lawyer who has knowledge about foreign laws is crucial for the testator to be sure that the instructions of their will are going to be followed properly after their death.

At last, a more recent subject that can also be included in a will is digital inheritance, which refers to assets with financial value, such as cryptocurrency, e-books, games, and monetized accounts in social media, as well as assets with sentimental value, like photos, videos, and emails, for instance.

What are the main types of will in Brazil and which one should I choose?

Nowadays there are three main types of will in Brazil. These are:

public will;
closed will;
private will.

Public will

The public will is the most notorious and most used type in the country, as it must be made in a registry office in the presence of two witnesses, and it must be read aloud by the notary public before it’s signed.

It’s a secret will, because only the testator, the witnesses, and the notary public will be aware of its content, which is only going to be revealed to the heirs after the death of the testator.

It’s also the safest type of all, as it’s necessarily going to be registered in the notary public record book, at the registry office, according to Brazilian law.

Therefore, for the reasons mentioned above, this type is usually the one recommended to whoever would like to express their wishes in a will.

Closed will

On the other hand, the closed will must also be read – albeit silently – at the registry office by the notary public, and it will be approved in the presence of two witnesses.

Afterward, the envelope will be sewn and sealed at the registry office, and it will be returned to the testator. A note about the existence of a closed will in that person’s name will be registered at the registry office.

Thus, after the death of the testator, the document will be presented to a judge by the heirs, and it will be read aloud in front of all of them.

This type of will is considered fragile or even a bit unsafe due to the possibility that the seal might break early or that another requirement is not fulfilled, which may result in the will being considered void.

Private will

Finally, the private will can be made by the testator or by a trusted third person, in writing or electronically, in any place, without the need of going to a registry office.

After its conclusion, it must be read aloud and signed by three witnesses this time, who cannot be benefited from the will in any way.

This is usually the most inexpensive type of all because there are no registry office fees but it can also be considered unsafe because there will not be any public record of its existence.

Besides that, after the death of the testator, a judge must confirm the private will and the signatures of the witnesses for the will to take effect.

Can I make a will virtually? Is the closed will made virtually reliable?

Yes. Since 2021, it’s now possible for one person to make a will completely virtually, following the same rules for each type of chosen will.

This became a reality through the e-Notariado platform, through which the person will request a digital certificate in order to sign the will electronically.

After that, they will need to schedule a videoconference with the registry office. The testator, the required witnesses, and the notary public must be present to read the content and approve the will.

Therefore, it’s possible for a closed will to be made virtually, although some of the problems of the closed will may persist as if it was made in person.

That is because the closed will is going to remain in the possession of the testator, who must keep it safe to protect it from being unsealed early, and it’s still going to be unsealed by a judge in front of the heirs after their death.

What are the advantages and differences of making a will in Brazil?

Although it still is not a very common practice in Brazil, there are several advantages when it comes to planning a will.

Perhaps the most obvious advantage is the possibility of leaving your assets to any natural or legal person that you may wish, according to your own feelings.

If there is no will, the property must be distributed among the heirs according to what is established by the law, and the assets are not going to go to other people who were special in the life of the deceased.

Also, a well-made will may be used as a simpler way to solve property issues after death once the division of property was already determined by the testator.

Therefore, as long as all the rules are followed, a will can prevent fights and arguments in the family, which often happen in inventory judicial lawsuits.

Another reason to consider a will is its low cost, which only includes registry office fees, in comparison to a lawsuit, in which all fees and attorney’s fees must be paid.

With respect to differences, it’s known that Brazil has specific laws about wills that are not necessarily the same in relation to other countries.

A classic example is the limitation of only leaving up to 50% of one’s assets if there are necessary heirs, who have to, necessarily, receive the remaining 50%.

This system is common in Europe and South America and aims to guarantee that the heirs closest to the deceased are entitled to a part of the inheritance.

Portugal and the United States

In Portugal, for example, this limitation may be even higher: the legitimate heirs, as they are called in Portuguese law, must receive two-thirds (66%) of the total property depending on the case.

It means that, in this situation, the testator is only able to leave up to 34% of their total property to other people in a will.

In the United States, the system works quite differently because it’s common for people to make a will and there is no limitation regarding one’s estate, so the testator can leave all assets to whomever they wish.

There seems to be one legal exception, however: the testator must leave a fair amount to pay for support to their spouse or close relatives in case they really need it.

Finally, due to the law differences among countries, it’s important that the testator is fully aware of the rules which are going to be applied wherever their property is located.

Can a condition be included in a will in regard to the property?

Yes, it’s perfectly possible to create special conditions in a will.

This usually happens when the testator fully knows the people to whom he wishes to leave assets and decides to establish specific rules for the property to be given to them.

As an example, the testator may decide to leave a vehicle to a certain person, but only after they get a driver’s license, or they may determine that someone can live in their house but only until they graduate from college.

Besides that, the testator can create clauses that may prohibit these assets from being sold, pawned, used as collateral, or divided with a spouse in case of a divorce.

In general, the testator creates conditions in a will to avoid the property they have acquired throughout their life getting dilapidated by those who are going to inherit them, or when they want to make sure that these people will keep a promise made to them in life.

Logically, the conditions in a will must be created according to the Brazilian law, in good faith, and along with morality, for them to be considered valid.

Can I instruct my lawyer to disclose some of my personal issues or secrets after my death?

According to the statute of the Order of Attorneys of Brazil (OAB), the conversation between a client and a lawyer are to remain in confidence and must not be shared even after the death of the client, except for due cause or personal defense.

That is because, with confidentiality, it’s possible for the client to fully explain their situation and obtain the best assistance from the lawyer for their case.

This confidentiality rule is a reality in many different professions and, if there is a violation, it may result in the disciplinary, civil, or even criminal punishment of this professional.

It’s allowed for a lawyer, however, to help a client in regard to how these secrets can be disclosed according to the law after they die, such as by means of a will.

Speaking of which, it’s not uncommon for testators to add notes to their will concerning the acknowledgment of paternity, the disinheritance of a child, and other information that would only be known after their death.

Thus, although having a lawyer is not mandatory to make a will, the assistance of a specialized lawyer may be of great value for it to be created accordingly.

If you need legal assistance from our team, please message us on WhatsApp.

The post Last will: how does it work in Brazil and what are the differences? appeared first on Koetz International and Succession.

Online divorce: how does it work?

Eduardo Koetz — Tue, 30 May 2023 17:40:48 +0000

Ending a relationship is usually a difficult and tiring situation for those involved because, in addition to having to deal with emotions and feelings, it’s also necessary to focus on the children, property, debts, and other issues. Even when the decision is consensual between the couple, they still need to talk about these issues for each of them to be able to move on with their lives from that moment on. In an attempt to facilitate this complex process, Brazilian law has been trying to modernize divorce proceedings in certain situations, in particular with the creation of the online divorce proceeding.

Therefore, in this article, we are going to talk about this new divorce proceeding, in which situations it is allowed, its advantages when compared to other forms of divorce, how long the proceeding may take, and other related themes.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

What is online divorce?

The online divorce proceeding is an innovation created by Brazilian law which has allowed, since 2020, couples to file for divorce 100% virtually, without the need of going to a registry office to sign the papers.

This divorce proceeding may be quite beneficial when both spouses already live in different places or have decided to not keep in contact with each other, for example, as it facilitates the separation process.

However, some basic requirements must be fulfilled for online divorce to be legally possible. These are:

no underage or incapacitated children;
the woman cannot be pregnant;
the divorce must be consensual, with an agreement between the couple.
presence of at least one lawyer for the applicants.

In any event, it is always recommended that the applicants get informed specifically by the registry office where the online divorce is going to be filed, since some of these conditions may vary according to each registry office or federal state.

How is the online divorce proceeding?

As previously mentioned, the proceeding can be done completely online, as long as the registry office has full access to the E-notariado online platform.

First, both applicants must gather the following documents (which are going to be digitized):

Their identity card and CPF, both the original ones and copies;
their marriage certificate, either the original one or a certified copy;
proof of their matrimonial regime and professional registration;
proof of their address.

Afterward, with the help of a lawyer, the applicants will make their request on the same platform and will require a digital certificate in the platform for each of them, for free.

This certificate is equivalent to a virtual identity of each applicant and will allow them to sign the divorce electronically at the end of the proceeding.

Subsequently, the applicants must contact the registry office to schedule a videoconference, which may happen with both applicants together, or separately.

It’s important to mention that the lawyer (or lawyers) must be present in this virtual meeting because the agreement previously made by the couple is going to be validated there.

Also, the applicants must pay the registry office fees.

After careful consideration by the registry office, the applicants will be able to sign the final document electronically and the divorce will be consolidated in a public deed.

It is worth mentioning that, if it is not possible to sign documents electronically in the chosen registry office, it may be necessary for the applicants to go there at that time in order to sign the divorce in person.

What are the advantages of online divorce?

The online divorce proceeding has several advantages in comparison to the extrajudicial in-person divorce, and also to the judicial divorce.

That is because the distance between the applicants, which may be a hindrance in other forms of divorce, does not prevent online divorce from beginning and being finalized, as long as the signatures are collected online.

Another advantage of online divorces is the celerity of the proceeding when compared to judicial divorce, as it depends exclusively on the availability of the applicants and the evaluation of the documents by the registry office.

After all, the applicants have already agreed to divorce and also agreed about the assets and debts that they may have. Therefore, there are no elements that would cause a disagreement to be solved in court.

Finally, it is important to take into consideration that the online proceeding is less exhausting and less bureaucratic since few documents are required and it can be done without traveling or waiting in long lines, for instance.

Thus, Brazilian law has focused on facilitating the consensual divorce proceeding and has encouraged several couples who wish to file for divorce to do it in a more simplified manner.

When is it not possible to file for divorce online?

If the requirements mentioned at the beginning of the article are not fulfilled, it will not be possible to file for divorce via the online proceeding.

In other words, if the separation includes minor or incapacitated children, issues related to custody, child support, and visitation rights, online divorce will not be possible.

Even if there are no minor or incapacitated children, it will also not be possible when there is no agreement between the spouses, in regard to property, debts, or even when one of the spouses does not want a divorce.

In these cases, the couple must choose another form of divorce, such as judicial divorce, in which a lawsuit must be filed in the presence of a judge in a family court.

Finally, there is the possibility that some Brazilian registry offices still may not have full access to the platform which allows online divorces. Therefore, it is important that the spouses get informed in advance to avoid future problems.

What if I or my spouse is abroad? And what if my spouse is a foreigner?

There are no legal obstacles to filing for divorce online if one of the spouses is overseas at that time.

Likewise, the online divorce proceeding can be filed by Brazilians and also by one Brazilian and one foreigner, without any distinction.

This happens because the online divorce proceeding was created to simplify consensual divorce, even if the applicants are located in different cities, states, or countries.

Speaking of which, many online divorces have been filed in Brazil since 2020 and it is not uncommon for one of the applicants to be abroad during the proceeding.

Thus, if one of the spouses lives abroad, the online divorce proceeding can be done the same way it was mentioned above, as long as all the requirements are fulfilled.

First, the applicants must verify if the chosen registry office has access to the online divorce platform, and with the assistance of a lawyer, they must make their request via the e-Notariado platform.

If one of the spouses is a foreigner, it is recommended that they pay attention to their personal documents, such as their CRNM, the new National Registry of Foreigners (RNE), and their CPF, in case they got married and lived in Brazil before, or their valid passport.

Similarly, it is worth mentioning that certificates and declarations issued abroad must have an apostille stamp, if the country of origin is a signatory to Hague Convention, or be legalized, in order to be considered valid in Brazil.

Also, if it is required of the applicants to sign the divorce in person, the spouse who lives abroad can sign a public proxy with specific powers at the Brazilian Consulate in the country where they live, for another person to sign the divorce in their name.

This person must be chosen by the applicant, and it can be anyone from a friend, a family member, or a lawyer, for example. They will be given specific powers to represent the applicant on the day of the signature.

To do that, the applicant must show the following documents at the Consulate:

their original identity card and CPF;
their updated marriage certificate, issued in less than 30 days;
a copy of the identity card and the CPF from the chosen person.

How long does it take for the online divorce to be completed?

The time it takes for the online divorce proceeding to be completed depends on some relevant factors, such as:

gathering all the personal documents from the applicants;
reaching an agreement between them;
their availability for a videoconference;
the analysis of the documentation by the registry office.

In most cases, extrajudicial divorces, whether they are online or in person, usually take much less time than judicial divorces, because these proceedings are less complex and much more objective than the former.

On average, it’s possible to estimate that the online proceeding will take between one week and ten days if all the requirements are fulfilled and everything goes according to plan. However, it is important to be prepared for any issues which may extend the proceeding for a few more days.

If you need legal assistance from our team, please message us on WhatsApp.

The post Online divorce: how does it work? appeared first on Koetz International and Succession.

Expired Brazilian ID for foreigners: fine, block and how to renew.

Eduardo Koetz — Tue, 30 May 2023 10:30:41 +0000

Understand how to renew a foreigner’s identity card that has expired in Brazil (RNE/CRNM), how to deal with an expired Brazilian ID for a foreigners and what is the validity of the card.

If you need legal assistance from our team, please message us on WhatsApp.

CRNM, former RNE: the foreigner’s identity card in Brazil

The former RNE was replaced by the CRNM, since the New Migration Law of 2017. Thus, the CRNM, National Migratory Registration Card, is a necessary document for foreigners who decide to live in Brazil.

Remembering that the validity of the foreigner’s identity card in Brazil varies from 1 to 9 years, according to the evaluation of the government agency that issues and evaluates it.

What are the risks of staying in Brazil with an expired RNE/CRNM?

The risks of staying in Brazil with an expired Brazilian ID for foreigners, include paying a fine and even deportation.

The fine is based on a day of excess, that is, for each day that is not regularized, the fine increases a little more.

Deportation occurs when the foreigner does not leave Brazil or regularize the migratory situation.

However, both the fine and the deportation can only be made when the foreigner is in a temporary situation in the country. That is when he does not have a permanent residence permit.

Overdue foreigner ID: blocked

The CRNM, or Foreigner Identity, is blocked when the immigrant remains irregular in Brazil. That is when he has his foreign identity expired. Therefore, to avoid blocking, you must renew your CRNM, according to the validity period you received from it.

Expired foreigner ID: fine

For an irregular foreigner in Brazil, with an expired foreigner’s identity card, a fine of R$ 100.00 per day is applied. In addition, if you spend more than 100 days illegally in the country, the fine can reach up to R$10,000.00.

Expired Brazilian ID for foreigners: how to renew?

The first step is to organize the necessary documents that you will need for the renovation. The documents can be found on the official website of the Brazilian Government.

Then you must fill in the application form as well as pay the required fees.

In this way, you must also schedule a visit to the Federal Police. This appointment can be made online, through the Government website. However, some units of the General Police waive prior scheduling.

You can track the status/situation of the id on the official website.

And finally, you must attend your scheduled visit and pick up your CRNM.

What is the deadline to renew the expired Brazilian ID for foreigners (CRNM/RNE)?

To renew the expired foreigner’s identity, you must follow the recommendation of the Federal Police to file a request for renewal of your CRNM (RNE), 90 days before expiration.

So, look at your id and see what its expiration date is. Then, count 90 days before the date (3 months) and put it on your agenda to order within that period.

With this, you can avoid or reduce the risks of being in an irregular situation.

In addition, if you are already irregular, the recommendation is to renew the CRNM as soon as possible, to reduce the fine and avoid greater penalties.

How long does it take to renew the expired CRNM (RNE)?

The average time, after appearing at the Federal Police, is 60 days for the card to be ready.

What is the CRNM (RNE) renewal rate?

The renewal fee for the expired foreigner identity card (CRNM/RNE) is the same as when the foreigner issued the first copy.

That is the amount of BRL 204.77 (2023).

How to avoid a fine and blocking of the RNE (CRNM)?

To avoid the CRNM (RNE) fine and block, you must:

Before winning the CRNM, get organized, preferably 6 to 12 months before winning! This way, you will have enough time for the renovation.

Also, organize your documents as it will be of great help in the renovation. If you still have questions or need assistance, speak with a specialist in Immigration Law to assess your specific situation.

Care about the Identity of a foreigner in Brazil

In short, the main information you should keep in mind and the precautions you should take are:

The CRNM is the foreigner’s identity card in Brazil and is required for foreigners who decide to live in the country.
The foreigner identity card is valid for 1 to 9 years.
Risks of staying in Brazil with an expired Brazilian ID for foreigners include fines and deportation.
The CRNM can be blocked if the immigrant remains irregular in the country.
The fine for an irregular foreigner in Brazil with an expired CRNM is R$100.00 per day, which can reach up to R$10,000.00 in 100 days or more.
To renew the expired CRNM, it’s necessary to organize the necessary documents, complete the application form, pay the required fees, and schedule a visit to the Federal Police.
The recommendation is to renew the CRNM 90 days before expiration to avoid risks and penalties.

With that in mind, you can be more secure with your expired foreign ID card in Brazil!

If you need legal assistance from our team, please message us on WhatsApp.

The post Expired Brazilian ID for foreigners: fine, block and how to renew. appeared first on Koetz International and Succession.

Everything you need to know about recognition of contracts concluded abroad

Eduardo Koetz — Thu, 25 May 2023 18:00:28 +0000

International trade has expanded more and more, and with this, entering into contracts between companies in different countries has become a common practice.

However, when a dispute arises out of such contracts, the issue of recognition can become a problem.

The recognition of a contract made abroad is the legal validation of the agreement in different jurisdictions. It is essential to ensure that the parties involved can enjoy the rights and obligations provided for in the contract, regardless of the country in which they are located.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

Difference between International contracts celebrated abroad and those celebrated in Brazil

The difference between contracts celebrated abroad by Brazilians and foreign contracts celebrated in Brazil is related to the place where the contract was celebrated and where it will be executed, as well as the nationality of the parties involved.

When a Brazilian enters into a contract abroad, it may be governed by the laws of the country in which it was entered into, as long as it complies with Brazilian law and the rules of international law.

If there is a conflict between Brazilian laws and the laws of the country where the contract was made, Brazilian rules may prevail, especially if the contract has effects within the national territory.

When a foreigner enters into a contract in Brazil, the laws that govern the contract will be those of the Brazilian legal system. This contract may be executed within the national territory, but the recognition and homologation of the foreign agreement may be necessary in some cases, depending on the laws of the country of origin.

The importance of recognizing a foreign contract in Brazil

It’s always important to recognize a foreign contract in Brazil because it guarantees the validity and effectiveness of this agreement in the national territory. Without recognition, the contract cannot be enforced or collected in the country, which can generate losses for the parties involved.

With the recognition of the foreign contract, the Brazilian Judiciary guarantees that the agreement was made by the laws and regulations of the country of origin, as well as verifies that the agreement is not contrary to Brazilian law.

This ensures greater legal security for the parties involved since it avoids the possibility that a contract entered illegally or fraudulently is executed in the country.

In addition, the foreign contract is also important to promote commercial relations between the countries. With this, companies can have more security to enter into international agreements, which can contribute to the economic development of the country.

The main conventions governing the Recognition of International Contracts

International conventions are agreements established between countries with the aim of harmonizing and standardizing the rules governing different areas of law.

The three main conventions we have are:

Vienna Convention on Contracts for the International Sale of Goods;
The Hague Convention on the Law Applicable to Contracts for the International Sale of Goods;
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
Vienna Convention on the Law of Treaties.

The Vienna Convention on Contracts for the International Sale of Goods defines the obligations and responsibilities of the parties to contracts for the sale of goods and establishes clear rules for the resolution of disputes arising from these agreements.

The Hague Convention on the Law Applicable to Contracts for the International Sale of Goods determines which law is to be used in contracts for the international sale of goods and establishes the rules for choosing the applicable law when there is a conflict between different legislations.

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Vienna Convention on the Law of Treaties deal with important rules for the recognition and validation of international contracts in different countries.

Who can request Recognition of an agreement made abroad

Any person or company that has entered into a contract abroad and wants to perform it in Brazil can request the recognition of this agreement.

This includes companies that have entered into contracts to supply products or services with foreign partners and individuals who have made agreements to provide services abroad, among others.

To request recognition of a foreign contract, it’s necessary that the interested party seeks legal counsel specialized in international law and initiates legal proceedings before the Brazilian Judiciary.

It’s important to present documents that prove the existence and validity of the contract, in addition to demonstrating that the agreement was made by the laws of the country of origin.

Steps for the Recognition of a foreign contract in Brazil

The recognition of a foreign contract in Brazil is done through a legal process that aims to give validity to an agreement made between foreign parties.

This recognition is important because it allows the contract to be executed and charged within Brazilian territory.

The steps in the recognition of a foreign contract in Brazil include:

The first step is to file a request for recognition of the contract with the Brazilian Judiciary. This application must contain information such as the parties involved, the subject matter of the contract, the clauses agreed upon, the applicable law, and proof that the contract is valid and was made by the laws of the country of origin;
In the second step, The judge in charge of the case will review the request and verify that all necessary information has been provided;
After reviewing the request, the judge will publish a notice stating that the contract has been submitted and give a time limit for the parties to express themselves if they wish to contest the recognition of the agreement;
If there is no challenge by the parties involved, the judge will schedule an evidentiary hearing to gather more information and clarification about the contract;
In the end, after reviewing all the information presented, the judge will make a final decision on the recognition of the foreign contract. If the contract is recognized, the parties will be able to enforce and collect on it in Brazil.

Since in some cases this process can be complex and time-consuming, it’s important to count on the assistance of a specialized international law firm, such as Koetz Advocacia, to conduct this process.

How to resolve disputes over foreign contracts

When disputes related to international contracts occur, there are generally two possibilities to solve them: the first is to resort to national courts, while the second is to use international dispute resolution mechanisms, such as arbitration.

In the case of national courts, the competence to adjudicate disputes will depend on the jurisdiction rules of the countries involved. Generally, the courts of the country in which the contract was signed, or the courts of the country in which the breach of contract occurred, will have jurisdiction to hear the dispute. However, this may vary depending on local laws and the provisions of the contract itself.

International arbitration is an increasingly popular option for resolving disputes arising from international contracts.

In this case, the parties involved choose one or more arbitrators to judge the dispute, in a more flexible and less formal process than national courts.

The decisions made by an international arbitral tribunal are recognized in many countries, facilitating the resolution of transnational disputes.

In short, it is important to carefully analyze the options available for resolving disputes arising from international contracts, taking into account the jurisdictional rules of the countries involved and the particularities of the contract itself.

If you need legal assistance from our team, please message us on WhatsApp.

The post Everything you need to know about recognition of contracts concluded abroad appeared first on Koetz International and Succession.

Stable Union Visa for foreigners in Brazil: how to obtain?

Eduardo Koetz — Tue, 23 May 2023 10:30:10 +0000

A stable union visa for foreigners in Brazil is a possibility, but there are important details to keep in mind. Below we demonstrate how to get it and which documents to use.

If you need legal assistance from our team, please message us on WhatsApp.

Stable union visa for foreigners in Brazil

A stable union is recognized by the constitution as a family entity, whether in a hetero or homosexual relationship. Therefore, foreigners who have a stable union with Brazilian citizen are entitled to a visa.

However, in order to obtain the visa and all the rights it brings, it is necessary to prove a stable union. Next, we’ll talk about how to do so. Read to the end.

Also, if you want to understand more about Brazilian visas for foreigners, click here and understand.

How to regularize the Stable Union with a foreigner?

To obtain a stable union visa for foreigners, it is recommended that the union be formalized. The stable union can be regularized through public deeds, private contracts, or judicial recognition.

Thus, for public deeds, it can be done at the Notary’s Office, where the couple will need to attend personally. The private contract is also made at the Notary Office and can be used in lawsuits.

As for judicial recognitions, they can be done in court, with the help of a lawyer.

For this, it is necessary to prove the interest in starting a family, living together, and public recognition of the couple.

Documents that can demonstrate a stable union

Proof of the stable union for a visa can be demonstrated by one of the following documents:

Income Tax Declaration of the insured, in which the interested party appears as his dependent;
Testamentary provisions;
Facebook, Instagram, and other social media profiles;
Fotos em eventos sociais, reuniões, bem como em associações, ou outras entidades como casal;
Handwritten love letters or romantic declarations;
Constant Note in the Work Card, made by the competent body;
Special declaration made before Notary Public (public deed declaring economic dependence);
Anotação Constante de Ficha, bem como Livro de Registro de Empregados;
Birth Certificate of a shared child;
Religious Marriage Certificate;
Evidence of shared domestic duties and the existence of partnership or communion in acts of civil life;
Power of attorney, as well as guarantee reciprocally granted;
Joint bank account;

How to obtain a stable union visa for foreigners in Brazil

The stable union visa is recognized as a type of family reunion visa. The application must be requested at the National Immigration Council, where the applicant must go with the necessary documents in hand. However, applicants that are unable to attend the Council themselves may appoint a representative to submit the application.

After obtaining the visa, the foreigner in a stable union can not only reside but also work or travel throughout the national territory, since he obtains all the same rights as Brazilian citizens.

To learn how long each type of Brazilian visa for foreigners lasts, click here and take a look at the text we made on the subject.

Documents required to apply for the stable union visa for foreigners in Brazil

The documents required for applying for the stable union visa for foreigners in Brazil according to the Ministry of Justice website are:

Application made through an electronic form duly completed on the Federal Police website (available at Obtain Residence Permit);
1 (one) 3×4 photo, recent, color, white background, plain paper, looking forward (if the Federal Police’s biometric data collection system is unavailable, attendance may be required);
Declaration of electronic address and other means of contact, preferably accompanied by a simple copy of proof of residence;
Travel document or official identity document;
Criminal background certificates or equivalent documents issued by the competent judicial authority where you have resided in the last five years;
Declaration, under penalty of law, of the absence of a criminal record in any country;
Birth or marriage certificate to prove the relationship between the applicant and the Brazilian or immigrant beneficiary of a residence permit, or a valid document that proves the bond;
Identity document of the Brazilian or immigrant beneficiary of a residence permit, with which the applicant wishes to meet;
Proof of the stable union relationship between the applicant and the Brazilian or immigrant beneficiary of a residence permit (click here);
Joint declaration of the spouses or partners, under the penalties of the law, regarding the continuity of effective union and coexistence;
Documents that prove the guardianship, trusteeship, or custody of Brazilian citizenship, when applicable;
Proof of payment of residence permit fees when applicable (to issue Union Collection Guide, click here)

You can find further other information here Ministry of Justice.

If you need legal assistance from our team, please message us on WhatsApp.

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International companies in Brazil

Eduardo Koetz — Mon, 22 May 2023 18:45:07 +0000

Do you have questions about opening an international company in Brazil and want to know if it’s worth hiring a lawyer to help you? See this article.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha

Opening an international company in Brazil is undoubtedly a very important step for those who want to expand their business.

If you are having trouble choosing the best type of company for your case, the subsidiary company can be a great choice!

At first sight, it may seem like an unfeasible procedure because it seems to be easier to start a company from scratch in Brazil, however, opening a branch can be much more beneficial depending on the case.

The possibility of:

Moving capital between Brazil and abroad in an easier way;
Have administrative autonomy and greater freedom of action to carry out the company’s activities, without neglecting subordination – even if on a smaller scale;
Ease of carrying out some procedures, like as transferring resources and goods;
Have the quality of being a commercial representation of the main company;

There are some advantages that should be observed.

Therefore, if you are interested in opening a branch of an international company and don’t know where to start, continue reading this article.

How to open a subsidiary company in Brazil?

Initially, you should know that opening a branch in Brazil is not that complicated.

The opening procedure has become much more practical and easier even for people who are not present in Brazilian territory.

Not needing to come to Brazil or having a Brazilian partner to open the branch are some of the advantages of this procedure.

In addition, part of the documents can be obtained via the Internet, such as registration with the Federal Revenue Service to obtain the CPF and registration with the Central Bank of Brazil (BACEN).

Therefore, see in the next topics what you need to have to open a branch.

Need to have an address

First, know that to open a branch in Brazil you need to have an address.

After choosing the best city to open the branch (such as São Paulo, Florianópolis, Recife, Fortaleza, Natal, Brasília, Rio de Janeiro, Porto Alegre, and Belo Horizonte), you must choose the location of the commercial establishment.

In this case, it’s important to analyze which activities will be carried out by the branch in order to choose the appropriate location for the company.

If the activities involve face-to-face assistance or the production of products and merchandise, it’s recommended that a feasibility study be carried out to verify whether the chosen location is in accordance with the municipality’s master plan.

And, if the activity carried out does not require a physical space, you can opt for virtual offices to reduce costs.

Finally, regardless of the format of the office, whether physical or digital, the ideal thing is that this matter be treated with some care, as it’s one of the feasibility criteria for opening a company.

Need to appoint a representative with tax residency

If you are a non-resident and intend to open a subsidiary in Brazil, you will need to appoint a representative with tax residency (attorney) to represent the company in Brazilian territory.

As a representative of the company, the representative will act as a director or administrator of the company, being responsible for signing and supervising all acts during the opening process.

In addition, he is also jointly and severally liable for the company’s debts, making it an onerous function, since, to get around this situation, they require the company to take out civil liability insurance.

Therefore, this person must be someone professional and trustworthy, both to avoid unnecessary lengthening of the opening process and the responsibility of being a company representative.

Need to register with the competent authorities

As soon as you name the representative and choose the address of the branch, you must register the bylaws and other documents.

In summary, in the first phase, authorization must be requested from the Federal Government by the National Department of Business Registration and Integration (DREI) for the branch to operate in Brazilian territory.

Subsequently, the authorization and bylaws must be registered with the competent Board of Trade.

Finally, the bylaws must be registered with the City Hall and, if necessary for the company’s activity, the branch must obtain state registration.

In all, this process can be completed within 60 to 90 days if there are no requirements.

What is the difference between opening a company for foreigners and a company for Brazilians?

The procedure for both cases is similar, however, what differentiates them are the limitations imposed by the legislation and the step-by-step procedure for carrying out the opening.

A Brazilian will be able to open a company in an easy way, just gather the necessary documentation and go to the Board of Trade, Federal Revenue, and City Hall.

Non-resident foreigners, in addition to those already mentioned, must appoint an attorney with tax residence, register with the RFB to obtain the CPF, and, finally, must register with BACEN in order to carry out the Electronic Declaratory Registration (RDE).

In addition, there are activities that foreigners cannot develop without the presence of a Brazilian in the business society, namely:

Foreign Capital Companies in the Health Care Segment;
Cabotage and Navigation Company;
Journalistic, Sound and Image Broadcasting Company;
Cable TV company;
Cargo Road Transport Company;
Mining Company;

For these reasons, the need for an experienced professional to analyze your case and verify compliance with the law is indisputable, in order to provide legal security for your procedure.

Is it advisable to open an international company with an accountant or a lawyer?

The opening process is an important milestone for the start of the company’s activities in Brazil, as it will define its structure and relationship with the Brazilian authorities.

At first glance, it may seem feasible to open an international company with an accountant for the low cost they offer, since you only need to register the company.

However, as this service only offers the basics, you may have to pay high amounts for lack of proper fiscal and tax guidance.

The company’s lack of tax planning, guidance on the best tax regime, and even verification of immigration legislation are examples of situations that can be avoided when opening a company is well-planned.

For these reasons, it’s recommended that you open the company with a specialized and experienced lawyer to have proper guidance and agility in the opening process.

Look for a specialist of your choice to assist you in opening an international company.

If you need legal assistance from our team, please message us on WhatsApp.

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Who cannot be extradited to Europe

Eduardo Koetz — Wed, 17 May 2023 18:53:40 +0000

The extradition of foreigners to Europe is an increasingly common reality. Foreigners who come to Brazil and are afraid of being extradited to Europe have reasons to worry. Although not all crimes will lead to the extradition of foreigners to Europe, the extradition relationship between Brazil and the continent is mostly solid and friendly.

In this text, you will understand why a foreigner who commits crimes in European countries is much more likely to be extradited than foreigners who commit crimes in other countries. Check it out!

If you need legal assistance from our team, please message us on WhatsApp.

Author: Mariana Cruz de Lemos

Why is it more common for a foreigner to be extradited to Europe than to other countries?

Brazil and European countries, for the most part, have very similar legislation regarding the types of crimes that exist. Thus, conduct that is considered criminal in Europe will probably also be considered criminal in Brazil, even if it has a different name.

In addition, Brazil has a strong and well-defined relationship with Europe regarding extradition, with several states on the continent having well-established extradition treaties with Brazil, which facilitates the process.

Despite this, not every extradition request to Europe will be accepted, as will be seen below.

Which crimes in Europe are not considered crimes in Brazil?

As mentioned, Europe and Brazil have very similar definitions of crimes, however, this does not mean that there are no exceptions.

It’s advisable to seek a qualified lawyer to investigate the particularities of your case, as there are significant differences depending on which European country is being compared.

However, we can mention the main crimes:

Paying for sex – a crime in Albania, Croatia, France, Iceland, Northern Ireland, Norway, Sweden, the United Kingdom, and several other European countries – is not a crime in Brazil;
Engaging in prostitution – a crime in countries such as France and England – is also not a crime in Brazil, meaning that the foreigner would not be penalized if they came to live in the country;
In Russia, “illegal entrepreneurship,” “creation, use, and distribution of malicious computer programs,” and “invasion of the life of a police officer” are considered crimes, but not in Brazil.
The crime of recruiting mercenaries – provided for in countries such as Russia and Portugal – is also not covered by Brazilian legislation;
Participating in protests unauthorized by the government – a crime in countries such as Belarus – is also not a crime in Brazil.
Similarly, unlike in Belarus, journalists reporting on unauthorized protests against the government would not be committing a crime in Brazil.
Denial of the Holocaust – a crime in Austria, Germany, Hungary, Poland, and other countries – or rehabilitation of Nazism – as the crime of discrediting what was determined by the Nuremberg Tribunal is called in Russia – are also not considered criminal practices in Brazil.

It’s worth mentioning that in addition to practices that are crimes in Europe but not in Brazil, there are also crimes in European countries that are considered crimes under Brazilian law, but do not face penalties as severe as in Europe.

This is the case with the crime of “propaganda or public display of Nazi symbols,” a serious crime in countries such as Germany and Belarus, but not in Brazil.

Likewise, the following crimes provided for in Belarus have equivalents in Brazilian legislation, but do not have penalties as severe:

Bribery of participants and organizers of sporting or spectacular commercial competitions
Animal cruelty
Commercial espionage

How does extradition work?

An extradition is an act of cooperation between countries that involves the surrender of a person from one country to another.

The extradition can occur in two situations:

For the purpose of providing evidence in an investigation or criminal proceedings that the requested person is involved in;
For the purpose of fulfilling a sentence already imposed on the convicted person.

The extradition request will be presented to the Supreme Federal Court, which will analyze the properties of the case and decide whether it meets the requirements stipulated by relevant legislation.

There is no stipulated time period for the duration of the extradition process; it varies according to the characteristics of each case.

Who can and cannot be extradited from Brazil?

This means that a born Brazilian will never be extradited, regardless of the crime committed in another country.

A naturalized Brazilian may be extradited in two situations: when he or she committed a common crime before becoming a Brazilian citizen or when he or she was involved in illicit drug trafficking.

For foreigners in Brazil, their cases must be analyzed individually, taking into account the laws of their country of origin and Brazilian legislation.

Is it possible to extradite a foreigner with a Brazilian child? What about someone married to a Brazilian citizen?

Yes, according to STF (Brazilian Supreme Court) ruling 421, even if a foreigner is married to a Brazilian or is a parent of a Brazilian child, they can still be extradited.

What law governs the extradition process in Brazil?

Brazil has already signed extradition agreements with several countries, which means that specific rules must be followed according to the country that is making the extradition request.

To consult all the extradition agreements already made by Brazil, click here.

The current status of Brazil’s bilateral extradition agreements with European countries is that they have agreements in place with several nations. These nations include Belgium, Spain, France, Greece, Italy, Lithuania, Portugal, the United Kingdom, Northern Ireland, Romania, Russia, Switzerland, and Ukraine.

In what cases can a foreigner not be extradited?

Decree-Law No. 394 provides for cases in which extradition will not be granted. They are:

When it is not an offense under Brazilian law or the law of the requesting
State.
When Brazil is competent, according to its laws, to judge the offense.
When Brazilian law imposes a prison sentence of less than one year for the offense, including attempted, co-authorship, and complicity.
When the extraditee is being prosecuted or has already been convicted or acquitted in Brazil for the same offense that determined the request.
When the offense has been prescribed, according to the law of the requesting State or Brazilian law.
When the extraditee has to answer, in the requesting country, before a special court or tribunal.
When the offense is: a) purely military; b) against religion; c) a political or opinion crime.

This means that Brazil does not extradite a foreigner when the crime for which he or she is being accused is not a crime in Brazil or his or her sentence would be less than one year.

In what cases is there a death penalty in Brazil?

The Brazilian constitution only authorizes the death penalty for military crimes committed during declared times of war.

In other words, any non-military crime committed during a war situation in Brazil cannot be punished with the death penalty. Therefore, there is no crime punished with the death penalty in Europe that is also punished with the death penalty in Brazil.

Thus, no foreigner who is sentenced to death in their country of origin or who may be sentenced can be extradited from Brazil, regardless of their crime.

For extradition to occur, the requesting European country must ensure that the extradited person will not be subject to the death penalty.

In what cases is there a life sentence in Brazil?

There is no life imprisonment in Brazil.

In fact, Brazilian law establishes a maximum limit of 40 years for the imprisonment penalty, so it’s illegal for anyone to be imprisoned for more than 40 years in the country.

Thus, Brazil does not extradite foreigners to Europe who are sentenced to life imprisonment in the requesting country, regardless of the crime committed.

For the extradition of the foreigner to take place, the requesting European country must adjust the penalty to respect the 40-year imprisonment limit provided for in Brazilian law or commit to not applying a penalty exceeding 40 years.

Likewise, if a country has corporal punishment, Brazil will only accept the extradition request if the requesting country commits not to use such punishment.

In summary

It can be said, therefore, that a foreigner who commits a crime in Europe and comes to Brazil will have a greater chance of being extradited than if they had committed a crime in another country due to the similarities between the legislations.

However, it is important to note that there are still cases in which a practice is considered a crime in Europe but not in Brazil, such as paying for sex, prostitution, unauthorized protests against the government, denial of the Holocaust, illegal entrepreneurship, creation, use, and distribution of malicious computer programs, and invasion of a police officer’s life.

There are also cases where the European crime has an equivalent in Brazilian legislation but carries a lighter penalty than in Europe. This is the case with the propaganda or public display of Nazi symbols, and the bribery of participants and organizers of sports or spectacular commercial competitions, for example.

In addition, there are other reasons why a request for extradition of a foreigner to a European country may be denied:

When the crime is already time-barred (the limitation period in Brazil is shorter compared to many European countries, especially in relation to crimes committed in the context of extrajudicial, judicial, or bankruptcy recovery);
When the crime is political (a crime committed with ideological purpose against the state), of opinion, military or religious;
When there is no typicity or punishment in Brazil (when the crime committed is not a crime in Brazil or when the offender at the time could not be punished under Brazilian law, such as minors under 18 years old);
When the foreigner may or has already been sentenced to death or life imprisonment;
When the penalty for the crime is less than one year according to Brazilian law;
When the foreigner may face violations of their human rights;
When the foreigner can be tried in Brazil or has already been acquitted in the country.

If you need legal assistance from our team, please message us on WhatsApp.

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Gay marriage in Brazil

Eduardo Koetz — Tue, 16 May 2023 17:12:10 +0000

Since the beginning of the 2000s, several countries around the world began to allow marriage between people of the same gender, as a way to guarantee equal rights that did not exist for this group of people.

From 2011 onwards, this has also been happening in Brazil in a peculiar form, as we will see further.

In this article, we will address the issue of marriage between people of the same gender and other important aspects to better comprehend this subject, from a legal perspective of the Brazilian reality.

Author: Lucas Gomes Furtado

If you need legal assistance from our team, please message us on WhatsApp.

Since when are same-sex marriages allowed in Brazil?

As of now, there is no specific law that regulates same-sex marriage in Brazil.

However, in the year of 2011, in an unprecedented decision, the Supreme Federal Court (STF) recognized a domestic partnership between people of the same gender in the same conditions as a domestic partnership between heterosexual people.

Afterward, in 2013, the National Council of Justice (CNJ) approved a resolution that allowed civil marriage between people of the same gender to be registered in the registry offices around the country, preventing this right be denied.

This means that, since then, all registry offices cannot deny registering same-sex marriages in the country and must follow the same procedures regarding a heterosexual marriage.

Thus, it’s essential to mention that same-sex civil marriage is allowed in Brazil, according to the decision of the Supreme Federal Court and the resolution n. 175, issued by the National Council of Justice.

How does a same-sex domestic partnership work in Brazil?

In Brazil, domestic partnerships are characterized by a lasting relationship between two people as if they were married, although they are not if some requirements are fulfilled.

As was said before, same-sex domestic partnerships only became a reality in Brazil in 2011, when the Supreme Federal Court recognized it as equal to domestic partnerships between heterosexual people.

In reality, it means that the necessary requirements for a heterosexual domestic partnership and a same-sex domestic partnership to be admitted are exactly the same, as there is no distinction between them.

Therefore, both the heterosexual couple and the homosexual couple must prove, with documents and witnesses, that their relationship:

is public;
is continuous;
is durable;
aims to establish a family.

For this partnership to be formalized in a registry office, some personal documents belonging to the couple are necessary, such as their identity card and their CPF, as well as a marital status certificate. The couple will also be allowed to choose a matrimonial regime to manage the partnership if they wish.

If the partnership was never formalized in a registry office, it can be proved through other kinds of documents belonging to the couple, such as proof of a joint account, proof of dependency, and the birth certificates of their children, among others.

What rights may result from same-sex marriage in Brazil?

Marriage between two people brings on itself a series of rights and obligations to which both spouses are linked, and this is not different regarding same-sex marriage in Brazil.

For example, among the more common rights which may result from marriage is the possibility of performing some joint actions, such as having a joint account and filling the income tax declaration, among others.

Furthermore, a spouse can also claim themselves as a dependent of the other one in certain situations, such as for income tax and health insurance, for instance.

Another relevant rights are inheritance rights, which one of the spouses has when the other one dies. In this case, there is an important question to be raised between marriage and domestic partnership, whether heterosexual or homosexual.

If the couple is married, the surviving spouse will have inheritance rights depending on the matrimonial regime, the type of property left, and the existence of other heirs, without the need for any proof.

However, if there is a domestic partnership that has not been registered in a registry office when the partner was alive, it will be necessary first to prove this partnership in a lawsuit in order to recognize it.

Nowadays this kind of situation is quite common in Brazilian society, as few couples decide to formalize their domestic partnership in a registry office.

Therefore, only after this proof of domestic partnership will the surviving partner have the same inheritance rights regarding their partner’s property, as if they were married to them.

This same proof must be provided for the surviving partner to be able to qualify for a survivor’s pension, for example, if that is the case.

It’s also worth mentioning that, besides all these rights, both spouses also have several obligations as a couple, such as mutual respect and assistance, and must also assure their children’s support, custody, and education.

How can a lawyer help the couple before and after their same-sex marriage in Brazil?

In Brazil, it is very common for two people to stay in a long-term relationship and start a family without getting married, as they may not know that rights and obligations can also result from this type of relationship.

Thus, many doubts may arise regarding the legal effects of a marriage and a domestic partnership in the life of a couple.

Likewise, there may be many other questions concerning same-sex marriage in Brazil, mostly because the theme has not been regulated by any specific law until now.

Therefore, a lawyer will be able to assist this couple when it comes to the proceedings for same-sex marriage in Brazil, for the recognition of a domestic partnership, and the consequences of each situation for them.

It’s important that this couple acknowledges all the legal implications that the recognition of a domestic partnership or marriage may have in their married life and their personal life.

Similarly, even after the marriage is performed, this professional may also help the couple with questions related to marital rights and obligations, especially in case of divorce or death, such as shared property, pension, inheritance, and others.

Finally, the assistance of a specialized lawyer to help clarify doubts can always be beneficial for both a couple who intends to start a family in the future and a couple who has already started a family.

Are same-sex marriages performed abroad valid in Brazil?

Yes. A marriage correctly performed abroad is considered valid in Brazil, and the same goes for both heterosexual and homosexual marriages.

In other words, there is no obstacle for a same-sex marriage performed abroad to be considered valid in Brazil, as it is in conformity with the law of both countries.

However, for this marriage to have legal effects in Brazil, it is necessary for the couple to register it in Brazilian territory. The proceeding is an extrajudicial one and it must be done as follows:

The marriage needs to be registered at the Brazilian Consular office in the country where it was performed. The Brazilian spouse must be present at that time as they will act as the declarant, who will sign the terms on the record book.

To do that, the couple needs to present the following:

the marriage registration form, filled and signed by the declarant;
the foreign marriage certificate;
the prenuptial agreement, if it exists;
their original and valid passports, or another identity document;
if the spouse is not Brazilian, a declaration of marital status;
in case the spouse has been married before, a death certificate, if they are widowed, or proof of divorce, if they are divorced.

Subsequently, the Consular office will issue a Brazilian marriage certificate with all the information present in the original marriage certificate.

After they arrive in Brazil, the spouses must have their marriage transcribed in the 1st Civil Registry Office from the jurisdiction of their domicile, or in the 1st Civil Registry Office from the Federal District if they do not live in the country, within 180 days of their arrival.

After they fulfill the requirements and the transcription is complete, the marriage will be considered registered, and the couple will receive the final document at the same time and will not have to wait longer for it.

If the spouses arrived in Brazil without having their marriage registered in the Consular office abroad, they can have it registered directly in the 1st Civil Registry Office, as long as their foreign marriage certificate has an apostille stamp (if the country of origin is a signatory to the Hague Convention), or has been legalized, and also translated to Portuguese by a sworn translator in Brazil.

It’s important to remember that the previous situation also applies when both spouses are not Brazilian citizens, as they would not be assisted by the Brazilian Consular Office abroad with reference to their marriage registration.

If you need legal assistance from our team, please message us on WhatsApp.

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CPF for foreigners: what are the rules and how to obtain one?

Eduardo Koetz — Tue, 16 May 2023 10:30:06 +0000

It’s not difficult to issue a CPF number for foreigners in Brazil, as long as you follow some steps. A CPF number is needed for foreigners to invest in local businesses, open bank accounts, and others. In this text, you will understand how to apply for one!

If you need legal assistance from our team, please message us on WhatsApp.

How to issue a CPF number for foreigners?

To obtain a CPF for foreigners, it’s necessary to access the Receita Federal online service and fill in the spaces with the requested documents. You can access this service by clicking here.

Thus, the person might be in Brazil or in their country of origin and still apply for the CPF, to register or to regularize Brazilian businesses and taxes. Next, we will explain which documents to use and how to do so if you are not a resident of Brazil.

What is the purpose of having a CPF?

The purpose of a CPF is to make tax identification for the Income Tax of individuals, creating the possibility to register someone in various institutions and for several services such as banks, businesses, public contests, and credit cards, among others.

How to issue a CPF for foreigners not residing in Brazil?

To obtain a CPF from foreigners who do not reside in Brazil, it is necessary to attend a Consular Post. You can check if you need to schedule at the post closest to you by clicking here. The steps are:

Access the Federal Revenue website here;
Complete the electronic form and submit the information;
Print the form with the protocol number generated by the site, or if it is not possible to print, make sure to write down the number;
Take the printed form or protocol number + copies of personal documents at a Consular Post.

Another way to issue the CPF while in the country of origin is through a representative in Brazil.
To do so, the following documents must be presented to the Federal Revenue:

Representative’s identification document;
Public instrument of power of attorney, or private instrument apostilled (according to the Hague Convention) or legalized at the Brazilian consulate;
Representative’s document proving his/her registration with the CPF.

Required documents for issuing a foreigner’s CPF

The required documents to issue a CPF for foreigners vary according to age. Thus, if the applicant is over 16 years of age, the documents he can use according to the Brazilian government are:

Document proving the identity and nationality of the interested party, such as the name of the parents, place and of birth;
Voter Title (for Brazilians between 18 and 70 years old) or Electoral Justice Document, provided that it certifies the impossibility or non-existence of mandatory electoral enlistment;

If clarification is needed, the Superior Electoral Court can be consulted by clicking here.

The documents for applicants under the age of 16, according to the Brazilian government, are as follows:

Document proving the identity and nationality of the interested party, such as the name of the parents, place and of birth;
Identification document of one of the parents, guardian, curator, or guardian by a court decision;
Additionally, you can check other specific instructions from the Consular Post of interest here.

How long does it take to issue a CPF?

There is no exact answer as to how long it takes to issue the CPF for foreigners since it depends on the Consular whom the assistance was requested from. Nevertheless, it is possible to track the request online.

Hence, for further information, you can contact the Federal Revenue here.

If you need legal assistance from our team, please message us on WhatsApp.

Moreover, to understand more about permanent residency for foreigners in Brazil, you can learn everything about the topic in the text we made by clicking here (article in Portuguese).

The post CPF for foreigners: what are the rules and how to obtain one? appeared first on Koetz International and Succession.

Polygamy: foreigners and the right to marry several wives

Eduardo Koetz — Fri, 12 May 2023 17:52:31 +0000

Polygamy is a term that refers to the practice of having more than one spouse at the same time. In other words, it is when a person is simultaneously married to several other people.

Brazil has several international agreements but does not have any agreements with foreign countries, on the civil question regarding the legality or recognition of polygamous marriages.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Gustavo Tenório Campos Semaan

Countries in which polygamy is allowed

Polygamy is legal in some countries and regions of the world, especially in specific religious and cultural contexts. These countries are mostly countries that adopt the Islamic religion or which are legally permitted to do so.

It’s important to note that even in countries where polygamy is legal, it may be subject to certain restrictions and regulations, and not all citizens have the right to practice it.

Religions that admit polygamy

Although most modern religions explicitly discourage or forbid polygamy, some still allow or tolerate the practice under certain circumstances.

Here are some religions that allow or have allowed polygamy:

Islam: polygamy is allowed in Islam, with the condition that the man can financially support all his wives in a fair and balanced way
Hinduism: although polygamy is illegal in India, it is still practiced in some Hindu communities, especially in rural areas. The practice is generally limited to men and allows multiple wives.
Orthodox Church: the Orthodox Church allows polygamy in certain circumstances, such as the death or incapacitation of a spouse, but generally discourages the practice.

It’s worth noting that even in religions that allow polygamy, the practice is discouraged, often limited to specific circumstances, and is generally seen as an exception to the norm.

Can polygamous marriage be legalized in Brazil?

Without laws and the Federal Constitution changes, polygamous marriage cannot be legalized.

In Brazil, both the Federal Constitution of 1988 in art. 226, §3, and the Civil Code in its art. 1.5621, establish that civil marriage is a union between two people, without foreseeing the possibility of polygamous marriage.

As well, it would face much resistance from the dominant religions, such as Catholicism and the Evangelicals, who are totally against this type of marriage.

The Consequences of polygamous marriage in Brazil

In case any Brazilian person contracts a polygamous marriage, he/she may be liable for crimes, according to the laws of Brazil.

The Brazilian Penal Code, in its article 235, establishes that contracting a marriage with two or more persons at the same time is a crime of bigamy, subject to a prison sentence of two to six years.

Besides answering for a crime, you will have problems in the civil area, since the marriage would not be valid.

If someone decides to practice polygamy and enters into a second marriage, without the first marriage having been legally dissolved, the first marriage remains valid.

This means that the person is still married to the first wife or husband and that the second marriage has no legal effect or recognition in the Brazilian legal system.

Foreigners with polygamous marriages in Brazil

Foreigners who practice polygamy in Brazil are subject to Brazilian laws. This means that if a foreigner maintains polygamous relationships in the country, he can be accused of bigamy and therefore subject to the penalties provided by law.

The polygamous foreigner who wishes to settle in Brazil and maintain his/her marital relationships should be aware that Brazilian law does not recognize polygamy.

If a polygamous foreigner wishes to marry a Brazilian woman, he/she will have to respect the laws of the country and contract a valid civil marriage with only one person, as provided for in the Federal Constitution. Otherwise, he will be subject to the sanctions provided by law.

This is an important issue for foreigners who want to move to or legalize themselves in Brazil. If a visa is issued for his wife, he can only issue one visa, and according to Brazilian law, it’s forbidden to issue more than one visa for the other spouses.

What does the sharing of assets acquired in Brazil look like?

Brazilian law must consider foreign law for the foreigner, as long as this law does not conflict with the Brazilian Constitution and laws.

The recognition of foreign laws is governed by Private International Law, which establishes the rules and criteria for the application of foreign laws in cases involving legal relationships with foreign elements, such as marriages performed in other countries.

If there are assets in Brazil, the first possibility is that it is done according to Brazilian laws, such as the Divorce Law, which defines the rules for sharing assets in case of separation or divorce.

In this case, the parties involved must agree on the division of assets and how this division will be made.

If the marriage took place in a country that recognizes polygamy, the Division of property may be carried out according to the laws of that country.

However, it’s important to note that the recognition of polygamous marriages varies from country to country, and Brazilian law does not recognize this type of marriage.

In case of doubts regarding the division of property in case of a polygamous marriage abroad, it is recommended to consult a lawyer specialized in International Law for guidance as to the applicable laws and the procedures to be taken.

If you need legal assistance from our team, please message us on WhatsApp.

The post Polygamy: foreigners and the right to marry several wives appeared first on Koetz International and Succession.

Permanent visa by marriage to Brazilian, how does it work?

Eduardo Koetz — Tue, 09 May 2023 10:30:02 +0000

Did you know that it is possible to obtain a permanent visa by marrying a Brazilian? It is normal for doubts to arise when applying for a visa, but rights can be acquired through proof of union. Thus, in this text, we will explain how to get it and what documents are needed to register the union at the Brazilian Consulate. Understand!

If you need legal assistance from our team, please message us on WhatsApp.

A permanent visa for marriage to a Brazilian

The permanent visa for marriage with a Brazilian is a reality and can be obtained when all the requirements demanded by the Brazilian Government are fulfilled. In addition, the foreigner can officiate the marriage in Brazil or even in another country, but it will be necessary to appear in person at the consulate.

What are the benefits of a marriage visa in Brazil?

The benefits gained by the foreigner through this type of visa include the possibility of requesting a permanent stay in the national territory. Besides, the visa allows the foreigner to travel freely in Brazil and also to work in the country legally.

We have already discussed on our blog how to obtain other types of visas for foreigners, so if you want to understand more about it, click here.

How do I get a marriage visa in Brazil?

First, to obtain a permanent visa for marriage with a Brazilian, it’s necessary that the foreigner is in fact married to a Brazilian, that is, that the union is duly legalized. It’s also important that the foreigner interested in the visa present the civil capacity required by the Brazilian Government. In other words, it is essential that the foreigner can acquire and exercise rights.

As previously explained, it is possible to formalize the union in other countries, however, to obtain the permanent visa, it is necessary to appear in person at the Federal Police unit closest to the person’s residence, in addition to having all the necessary documents in hand.

It’s worth mentioning that, in some cases, the Federal Police may appear in the family environment to verify whether the marriage effectively exists.

What documents are necessary to get a permanent visa for marriage with a Brazilian spouse?

To apply for a permanent visa for marriage with a Brazilian, you must have certain documents. It is important to bear in mind that other types of documents may be requested by the Ministry of Justice. However, check out the main ones:

Certified copy of the birth certificate of the foreign child(ren), legalized with the Brazilian consular authorities abroad, translated by a sworn public translator or consular certificate (when is the case);
Opinion of the union body;
Certified copy of the marriage certificate with a Brazilian;
Proof of collection of the stipulated fee, in original (per Person). Thus, it will be collected through the GRU/FUNAPOL tab;
Term of custody and guardianship of the person responsible for the minor (foreign child) if he is unaccompanied by his father or mother (when applicable);
Request through a specific form to be obtained from the Ministry of Justice or the Federal Police (per person);
Consular declaration clarifying the correct spelling of the name, in view of the discrepancies contained in the documents presented (when applicable);
Certified copy of the Brazilian spouse’s identity card;
A declaration that you are not legally or legally separated from your Brazilian spouse. It must therefore be signed by the couple, with a notarized signature;
Transcription of the marriage certificate, for the Brazilian civil registry under the terms of § 1 of art. 32 of the Public Records Law – Law n. 6015/73 (when applicable);
Certified copy of all passport pages (per person).

In this sense, documents that are in a foreign language need to be legalized at a Brazilian Consulate abroad, in addition to being translated by a sworn translator.

What documents are needed to marry a foreigner in Brazil?

In addition to the documents for the permanent visa for marriage with a Brazilian that may cause doubts, it is equally important to understand the documents required when a Brazilian wants to marry a foreigner in Brazil.

For this reason, we have organized for you the main documents required when formalizing the union. However, it is important to remember that other documents may be changed or required, as the partner’s marital status may influence the moment of officialization.

Check out:

Original birth certificate, stamped and signed at the Brazilian consulate in the foreigner’s country of origin;
Proof of foreign address;
Foreign passport of both;
Criminal record certificate in the foreigner’s country of origin;
Criminal record certificate from the Federal Police of Brazil.

How to register for a marriage at the Brazilian consulate?

In addition to presenting a permanent visa for marriage with a Brazilian, it is important to take some precautions when registering for marriage at the Brazilian Consulate.

For this, the Brazilian needs to appear in person at the Brazilian Consulate and sign the term for the record book. Therefore, some documents will be required:

Marriage Registration Form;
Local marriage certificate;
A prenuptial agreement, if any;
Brazilian document proving the identity of the Brazilian spouse(s);
Document proving the Brazilian nationality of the spouse(s)
Brazilians)
Among others.

If you need legal assistance from our team, please message us on WhatsApp.

The post Permanent visa by marriage to Brazilian, how does it work? appeared first on Koetz International and Succession.

Filing for divorce by proxy with your spouse abroad

Eduardo Koetz — Mon, 08 May 2023 18:19:19 +0000

In the last years, Brazil has been simplifying some proceedings with the intention of making them less complex, in order to facilitate the lives of Brazilian citizens.

One of these proceedings is divorce, which can nowadays be done online, by proxy, or even abroad, depending on the case, as long as all the requirements are fulfilled.

Therefore, we will explain the possibility of getting a divorce online, by proxy, with your spouse abroad, how the division of property is going to be decided, and other issues related to this subject.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

How can I file for divorce online?

From 2020 onwards, filing for divorce online has become a reality, without the need for in-person signing and completely out of court, as we are going to elaborate further.

To file for divorce online, one must fulfill the same requirements needed for an in-person divorce. They are:

first: the couple cannot have minor or incapacitated children;
second: the woman should not be pregnant;
third: the decision must be consensual, with no disagreement between the couple;
fourth: there must be at least one lawyer present.

It’s important to mention that some of these conditions may vary according to each state and registry office. Also, some registry offices might not have access to the online divorce platform yet.

Therefore, it is recommended that the applicants get informed about the situation in their state and registry office where they plan to file for divorce before they apply for the proceeding, as to avoid future problems.

If all requirements are fulfilled, the applicants must collect the necessary documentation, which includes:

identity card and CPF, both the original ones and copies;
their marriage certificate, either the original or a certified copy;
proof about the matrimonial regime and professional registration;
proof of address.

Subsequently, it will be possible to apply for divorce via the e-Notariado system, where each of the applicants is going to request a digital certificate in the platform for free.

After that, a videoconference must be scheduled with the registry office. It can happen with the two applicants at once or with each applicant at a time, but always in the presence of the chosen lawyer, to validate their divorce agreement.

The registry office fees must also be paid for the divorce to be completed.

Finally, the applicants are going to sign the final document electronically and the divorce will be consolidated in a public deed.

How can I file for divorce by proxy?

Let’s imagine that one of the spouses is not able or does not want to be a part of the online or the in-person divorce proceedings. How can this situation be solved?

In this case, one interesting option would be filing for divorce by proxy (power of attorney) if the same requirements from the online divorce are fulfilled.

Thus, the applicant who will not attend the proceeding must choose another person, who will be called the procurator (procurador), to represent them and sign the final divorce document in their name.

They are free to choose any person they wish to represent them, such as a lawyer, a friend, or a family member, for instance.

To do that, the applicant must go to any notary office in Brazil with the following documents:

their original identity card and CPF;
their marriage certificate, issued within the last 30 days;
a copy of the identity card and CPF from the chosen procurador.

Also, the applicant will also have to mention their representative’s address, profession, and marital status, as well as which act will be performed, and what specific powers they wish to give them.

It’s important to notice that the proxy document expires in 30 days, so the divorce proceeding should occur within this timeframe so that the document will not become void.

What if my spouse lives abroad?

If the couple or one of the spouses lives abroad, it will not be necessary for either of them to return to Brazil to start the divorce proceeding, as long as there are no minor children and if it is consensual.

If the marriage was performed in Brazil, it’s possible to start the divorce online, as it was mentioned above.

Another possibility is filing for divorce by proxy, in which the spouse who lives abroad would go to a Brazilian Consulate in the country where they live to request a public proxy with specific powers.

Therefore, they are going to choose someone to represent them in a registry office in Brazil, as it was explained before.

Finally, the Consular divorce can also be done in a Brazilian Consulate in the country where they live, if the marriage was originally performed abroad, as long as they do not have minor or incapacitated children, and with the assistance of a lawyer enrolled in the Order of Attorneys of Brazil (OAB).

I am filing for divorce in Brazil and I have property abroad. How are they going to be divided?

Even with the simplification of out-of-court divorces, many proceedings still happen in court, especially when there is no agreement between the applicants regarding property or questions pertaining to minor or incapacitated children.

If the couple is getting divorced in Brazil and some of their property is located abroad, how is the division of property going to be?

According to the decisions from the Superior Court of Justice (STJ), Brazil is competent to recognize the existence of personal property and real property abroad and add their value to the division.

In other words, if there are assets in another country, it is not necessary for the Brazilian justice system to share them, but only add the value of each one of them to the existing divorce proceeding in Brazil.

Similarly, it is not necessary for the other country’s judicial system to intervene and solve the issue.

However, each divorce situation is different and may vary according to the matrimonial regime in place, the number of minor children, and other issues related to child support and custody, for example.

Therefore, the assistance of a specialized lawyer is always recommended to guide the applicants through each specific scenario.

In which countries are women not allowed to get property after a divorce?

Nowadays, it is estimated that in almost half of the countries in the world, there are restrictions that can hinder women in regard to having property in their name, when it comes to a divorce or inheritance.

In many of these countries, the local legislation allows a fair division of property, but women’s access to the assets she is entitled to be often quite difficult.

This happens because of religious, social, and cultural factors in each country, which may have a great influence on the final decision of the divorce process.

This reality is often seen in Middle Eastern, African, and South Asian countries, such as:

Egypt;
Palestine;
Iran;
Nigeria;
Kenya;
Uganda;
Congo;
the Philippines.

Kenya

In Kenya, although the local laws allow the division of property in case of divorce, it is not uncommon for courts to disregard the woman’s part for a variety of reasons.

The main reason is that the couple must show they contributed in some way to the property, which can be difficult to prove depending on the context where the woman lives.

Philippines

In the Philippines, divorce was considered illegal until 2023, when it was allowed only through a court and if there is proof that there is no chance of reconciliation between the couple.

Before that, however, many couples stopped living together and several women found themselves in a precarious situation, with no guarantee that they would get any of their property or financial assistance to them and their children.

Generally, many wives in these regions engage in domestic, unpaid activities and solely rely on their husband’s salaries, which may also interfere with their rights in court.

The act of marrying someone is often seen as part of having a stable life for the women in these communities, but it’s also something that may end with divorce if their rights are not respected.

Therefore, some local and global organizations, including the United Nations, have been making efforts in order to stop inequality and allow for a more generous division.

My spouse has already married abroad. What can I do?

In a globalized world that assures easy access among people everywhere in the world, this scenario has become relatively common among couples from different countries.

First, it is necessary to take into consideration that a marriage performed abroad is valid in Brazil, even when it is not registered here.

This happens because one person cannot have more than one marital status at the same time, which means that you cannot be married in one country and single in another.

Thus, if they wish to get married again in another country, it is expected for them to get a divorce from their former marriage to regularize their situation in both countries.

If this person declares that they are single and decides to get married in Brazil without getting a divorce first, they may be prosecuted for ideological falsehood and bigamy, according to Brazilian criminal law.

Besides this, their new marriage may be considered void, irrespective of all the time, organization, and costs of a marriage that will not be valid.

On the other hand, divorce proceedings have become more accessible with time, mainly if there is an agreement between the applicants, and usually, it is not necessary for the person to return to the country where they got married to apply for a divorce.

For that reason, the regularization of your marital status is important to prevent possible legal complications, and having a specialized lawyer to assist you may be of great value.

Is it necessary to validate, in Brazil, a divorce filed abroad?

Yes. A divorce recognized abroad also has to be recognized in Brazil in order to have legal effects here.

If the divorce abroad solely dealt with the dissolution of marriage, without the division of property, custody, or child support, it may be recognized directly in a registry office.

Thereby, the applicant must go to the registry office where the marriage was registered in Brazil and show:

their marriage certificate;
a copy of the foreign divorce decision, with a final and unappealable judgment.
a translation of the decision made by a sworn translator in Brazil, in case the language of the country of origin is not Portuguese.

Also, it is worth mentioning that documents issued abroad must have an apostille stamp, if the country of origin is a signatory to Hague Convention, or be legalized, in order to be considered valid in Brazil.

However, if the divorce abroad dealt with custody, child support, or division of property, the decision has to be validated by the Superior Court of Justice.

If this is the case, the following will be necessary:

have a lawyer enrolled in the Order of Attorneys of Brazil, via a public proxy signed by the two former spouses;
provide an apostille stamp or legalize the divorce decision, and have it translated by a sworn translator in Brazil, if the language of the country of origin is not Portuguese;
file the homologation of foreign decision lawsuit in the Superior Court of Justice.

After the end of the process, with a final and unappealable judgment, a transcript of the judgment must be required so that this decision can be executed in the Federal Justice.

Finally, with the same document, it’s also possible to register the divorce at the registry office where the marriage was previously registered.

If you need legal assistance from our team, please message us on WhatsApp.

The post Filing for divorce by proxy with your spouse abroad appeared first on Koetz International and Succession.

Digital Nomad

Eduardo Koetz — Tue, 02 May 2023 19:38:58 +0000

Find out how to become a Digital Nomad, and what are the requirements for a foreigner to reside in Brazil in this condition, in addition to tips on income tax, social security, and the most common professions.

If you need legal assistance from our team, please message us on WhatsApp.

Contributor: Lucas Velozo de Mello Marchiori

What is Digital Nomad?

Digital Nomad is a worker who can work 100% online. Therefore, they are people who can work from anywhere in the world through new information technologies.

Technological evolution has enabled the expansion of digital work. Even more, in recent years the work at home known as Home Office has become popular.

Therefore, being a Digital Nomad is a trend that is on the rise these days.

The text continues after the infographic.

How to be a Digital Nomad?

Doing some remote work is the first step to being classified as a Digital Nomad. However, not all professions support exclusively online activity.

We will list the most common professions to work as a digital nomad below.

Adaptation is an important issue for being a digital nomad. The work done entirely online demands its infrastructure. This infrastructure involves both the behavioral issue of the worker and his work tools.

Ideally, preparation should be made so that the person can establish a work routine. In addition, the worker must also create a favorable environment for the exercise of their duties. The Digital Nomad needs to have good equipment and a stable internet connection.

In this way, becoming a Digital Nomad often means a change in the worker’s lifestyle.

What proof do I need to be a Digital Nomad in Brazil?

The regulation of the condition of Digital Nomad in Brazil emerged recently, in the year 2021. Foreign citizens who can prove this condition may have the right to reside in Brazilian territory. This right will come through a Digital Nomad residence permit.

The request is made with the Ministry of Justice and Public Security of Brazil. Our office is competent to advise and represent the processes.

There are three main requirements to prove Digital Nomad status:

A statement stating that you can work fully remotely using information and communication technologies. The worker himself signs this declaration.
Submission of an employment or service contract to prove employment with a foreign employer. The immigrant can use other documents to prove the bond.
Proof of economic capacity of the foreign citizen. So, the immigrant will have to demonstrate that he has the financial conditions to live in Brazil in two ways:

Proving a monthly income, from a foreign paying source, in an amount equal to or greater than US$ 1,500.00 (one thousand five hundred dollars);

Demonstrating availability of a minimum amount of US$ 18,000.00 (eighteen thousand dollars) through bank statements in your name.

These are the requirements to prove the status of Digital Nomad in Brazil. In addition, other documents will be required:

You will need to present a valid passport from your home country, within the expiry date.

The foreign citizen must also have a birth certificate and a criminal record certificate. However, the legalization and sworn translation of the documents into Portuguese must also take place.

Legalization can be done more simply if the country of origin of the document is a signatory to the Hague Apostille Convention. If you want to know all the signatory countries and where the apostilles are made, click here.

You can check out more details about the apostille of documents in our article dedicated exclusively to the subject, accessing here.

In which country does the Digital Nomad pay income tax and social security?

In the tax sphere, the assessment of income tax will depend on each case, and it is necessary to analyze some variables. For example, check whether the foreign employer’s home country has a non-double taxation agreement with Brazil.

In addition, another issue of great importance is to identify whether the worker has reached the condition of tax resident in the country where he is living.

For example, for a foreign citizen to be considered a tax resident in Brazil, he must incur one of the following hypotheses:

Enter Brazil with a permanent visa;
Enter Brazil with a temporary visa:

To work under an employment relationship or act as a doctor on a scholarship in Brazil, on the date of arrival;
On the date you complete 184 days, consecutive or not, of stay in Brazil, within a period of up to twelve months;
On the date of obtaining a permanent visa or employment relationship, if it occurs before completing 184 days, consecutive or not, of permanence in Brazil, within a period of up to twelve months.

In terms of pensions, an analysis of each situation will also be necessary. Although the Immigration Law guarantees access to social security for foreigners in Brazil, other particular conditions must be examined.

The existence of social security agreements between Brazil and the country of origin of the foreign citizen is also decisive. After all, the agreement will define the conditions, requirements, and place of retirement for the Digital Nomad worker.

Get in touch with our lawyers specializing in international tax and social security law if you are interested in analyzing your situation.

How long can a Digital Nomad stay in Brazil?

The foreign citizen in this condition will be able to live in Brazil for an initial period of up to 1 year. However, it’s possible to renew the term.

The renewal process is usually simple. The immigrant must demonstrate that he continues to have the condition of a Digital Nomad in the Brazilian territory.

That is, declare the condition of working remotely, and demonstrate the link with a foreign employer and your economic capacity. Renewals can occur annually, with no time limit.

List of most common professions

Many workers want to enjoy the freedom that being a Digital Nomad offers. With the expansion of the digital world, more and more tasks can be performed remotely via the Internet.

This is the list we made containing the most common professions:

Content Producer;
Social media;
Professors and Teachers;
Administrator;
Financial Accountant;
Investor;
Commercial Manager;
Marketing and Advertising;
Programmer;
Editor;
Psychologist;
Photographer.

Can every home office be a Digital Nomad?

Home Office worker and Digital Nomad are two concepts that mix. However, the two conditions do not represent the same situation. The common aspect between both is the exercise of their functions remotely.

Being a Digital Nomad means having much greater freedom than a Home Office job.

As the name itself defines, the work Home Office provides work done from home. Generally, workers in this regime reside in the same city as their employers’ headquarters or are fixed in a given city. Normally, they travel to their companies in case of any meeting, emergency, or situation that requires their presence.

The condition of Digital Nomad presupposes that the worker will not have to appear in person at the employer’s location. In conclusion, there has to be the possibility of exercising the work from literally anywhere.

Thus, being a digital nomad means always being able to work on the go, in different places and countries. Without a fixed address, as the name suggests.

If you need legal assistance from our team, please message us on WhatsApp.

The post Digital Nomad appeared first on Koetz International and Succession.

Tax Resident and Non-Resident

Eduardo Koetz — Wed, 26 Apr 2023 19:25:12 +0000

In this text, we explain the Brazilian tax rules, for residents and non-residents with clarity and peace of mind!

If you need legal assistance from our team, please message us on WhatsApp.

Author: Lucas Gomes Furtado

Who is considered a resident and non-resident by the IRS?

It’s very important to distinguish the difference between resident and non-resident for tax purposes in Brazil, to know the correct procedures to be taken with the IRS, which is the agency responsible for collecting federal taxes.

Tax Resident

The Tax Law considers a resident to be anyone who:

Stays in the country for more than 183 days during the last 12 months, consecutive or not.
Has companies or properties in the country or their main income from Brazilian sources
Intends to stay in the country permanently.

The intention to remain in the country permanently can be proven using property acquisition or employment, Family, or social ties.

Tax residents must declare all income obtained in the country and abroad.

Non-resident tax

The fiscal non-resident is classified when he/she does not fit into any of the above conditions and stays in the country for periods of less than 183 days in a fiscal year. As for the declaration of the amounts, non-residents must declare only the income obtained in Brazil.

It’s worth pointing out that the conditions informed above are of extreme importance for tax purposes, as they impact the calculations and declaration of the Income Tax.

Moreover, the tax resident status may also have implications in other areas, such as obtaining a work visa and the possibility of access to some social benefits.

When it is necessary to make the definitive exit

The declaration of definitive departure from Brazil is indispensable When:

the taxpayer no longer has the desire to return to the country and
intends to obtain income exclusively abroad.

When opting for the definitive departure, the taxpayer must inform the Federal Revenue and obtain the “Communication of Definitive Departure from the Country” document, which demonstrates the condition of fiscal non-resident and terminates the tax obligations in Brazil.

Furthermore, it is crucial to know that if the individual decides to leave the country definitively, this may have other implications, such as the loss of social and labor benefits, like access to the Guarantee Fund for Length of Service (FGTS) and unemployment insurance.

Therefore, it is extremely important to carefully assess the implications of the definitive departure from the country and seek legal advice to ensure that all tax and legal obligations are correctly fulfilled.

Acquiring income exclusively abroad for Brazilian residents and non-residents

The acquisition of income exclusively abroad is a circumstance that can happen both to tax residents and non-tax residents. For those who qualify as tax residents, obtaining income abroad has to be declared in the Income Tax Return.

However, for those who qualify as non-tax residents, only income obtained in Brazil must be declared. Income obtained abroad is not taxed in Brazil.

In the case of Brazilians who move abroad and start to obtain income only outside the country, it is possible to request the Communication of Definitive Departure from the Country at the IRS. With this, you will be exempt from paying income tax on income obtained outside Brazil.

However, this does not exempt you from the obligation to pay taxes in the country where the income is obtained.

It’s therefore important to seek legal advice both in Brazil and in the country where the income is earned.

How to open a bank account in Brazil for non-residents

Opening a bank account in Brazil for non-residents can be a slightly more bureaucratic process than for residents. The documents required may change according to the bank.

Initially, it is necessary to have a valid passport and proof of address in the country you are in. In addition, banks may require other documents, such as proof of income and bank statements from foreign accounts.

Some banks require non-residents to have valid visas, while others do not. It is important to research the options available and choose the institution that best suits your needs.

It’s worth remembering that, even as a fiscal non-resident, the Brazilian government may still tax you in some situations, such as when selling goods or investments in the country. This is why it is necessary to seek legal advice.

How to open a bank account, if banks deny non-residents in Brazil

The best option is to find a reliable exchange broker or financial agent. Here at Koetz Law Firm, we work with professional partners of the firm who serve our clients with all the safety and reliability that the demand requires. Contact us for guidance.

Banks often have no interest in maintaining this type of account, because it is more bureaucratic, but even so, they follow legal rules to authorize or deny the account opening. In case of denial, the bank, by law, should inform the reason, but not always does so satisfactorily.

In case of a lack of documentation, the financial institution will give you a deadline to obtain this documentation and present it to the agency. In the case of non-justification, it is fundamental that the immigrant seeks legal advice to understand the options available to him/her.

One of the alternatives is to use digital banks. These are financial companies that offer digital banking services and usually have less bureaucracy for account opening, but the option of a trusted financial agent or exchange broker is much more efficient.

How Koetz Advocacia can help you with this account, how to make exchange operations with this account and what are the fees

Exchange operations with a bank account in Brazil can be performed by residents and non-residents, according to the rules of the chosen financial institution, following the rules of the Brazilian exchange legislation.

The fees for carrying out the operations may vary according to the bank chosen and the nature of the transfer. For example, for investment transfers, such as the purchase of real estate, the fees maybe 0.38% to 1.1% on the value of the operation.

For investment transfers, such as the purchase of real estate or the acquisition of shares in Brazilian companies, the limit is up to US$ 1 million per month. For maintenance transfers from residents abroad, such as the payment of personal expenses, the limit is up to US$ 3 thousand per month.
Besides the fees, both are subject to additional taxes and fees, such as the IOF (Tax on Financial Transactions), which varies according to the nature of the transfer.

To avoid difficulties with the IRS, it is important to justify the origin of the funds to be transferred and obtain the Declaration of Fiscal Regularity (DRF) of the bank transfers.

Koetz Law Firm assists its clients in all legal procedures, to avoid setbacks with the Brazilian agencies, which may make the transfer to Brazil or abroad difficult and to obtain the legalization documents of the foreigner.

How to justify the origin and obtain the declaration of tax regularity of bank transfers

The declaration of fiscal good standing is required for applications for business and real estate investor visas.

To justify the origin of the resources and obtain the Declaration of Fiscal Regularity (DRF) of the international transfers, it is essential to follow the rules of the financial institutions, something that Wise, Paypal, Western Union, and credit cards do not do when operating with values below 10 thousand dollars.

Residents and non-residents must prove the origin of the resources by presenting documents such as income tax returns, employment contracts, and rent receipts, among others. The original f resources must be verifiably Lithuanian.

In addition, it is necessary to have the Individual Taxpayer Registry (CPF) and inform the data of the exchange operation, such as the value and the purpose of the transfer.

After the operation has been carried out, the DRF can be obtained on the Federal Revenue website.

If you need legal assistance from our team, please message us on WhatsApp.

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Residence permit for foreign investor in Brazil

Eduardo Koetz — Tue, 25 Apr 2023 10:30:44 +0000

The investor visa in Brazil allows foreigners to live in the country as a result of real estate investment, as long as they comply with the requirements indicated in Normative Resolution Number. 36. Understand the requirements to apply, the necessary documents, and the advantages of this visa!

If you need legal assistance from our team, please message us on WhatsApp.

Residence permit for real estate investor

Normative Resolution (RN) Number 36 of October 9, 2018, describes granting residence permits due to real estate investment in Brazil. Thus, this RN allows an individual – with their resources of foreign origin – to carry out real estate investment in Brazil.

This is a common practice used by several countries. In addition to attracting investment and boosting the economy, real estate investment provides jobs in the country. Therefore, it is a way to facilitate the entry of investors with positive benefits for the domestic market. However, some requirements must be fulfilled.

Requirements for obtaining a residence permit due to real estate investment

The foreigner who wishes to apply for a residence permit due to real estate investment must purchase or own a property in an urban area, which may be under construction or already built. The property must be worth equal to or greater than R$ 1,000,000.00 (one million Brazilian Reais).

There is an exception to this rule if the property is located in the North or Northeast regions of the country. In these cases, the investment can be decreased by 30% of the required amount of R$ 1,000,000.00 (one million Brazilian Reais).

Another investment possibility that the Normative Resolution allows is the total sum of the properties, that is, the entire value of the properties must correspond to the indicated amount. Thus, the applicant can add up all their properties to reach the value of R$ 1,000,000.00 or up to 30% less if it is real estate in the North and Northeast.

The Resolution still allows the co-ownership regime, provided that each owner invests at least the stipulated amount of R$ 1,000,000.00 in the property.

What documents are required for an investor visa in Brazil?

The Ministry of Labor analyzes the applications for residence permits in this case. For this, the documents needed to start the process are:

Acquisition of built properties:

General Property Registry, attesting to the investor’s ownership of the property, free of encumbrances or charges;
Declaration of an authorized credit institution, as well as registered in the national territory with the Central Bank of Brazil, attesting to the international transfer of capital for acquiring properties in the defined value.

Acquisition of properties under construction:

Promise Agreement for the Purchase and Sale of the property, duly registered;
Declaration from a credit institution authorized or registered in the national territory with the Central Bank of Brazil, attesting to the international transfer of capital for the acquisition of real estate or the payment, as a sign in the Promise Agreement of Purchase and Sale, of a defined amount;
Construction permit issued under Brazilian law;
Memorial of Incorporation duly registered;
Other documents are listed in the Normative Resolution Number 01 of 2017.

Moreover, it is important to point out that the Ministry of Labor may carry out on-site diligence to verify the investment if they find it necessary.

Therefore, the foreign applicant must remain in the national territory for at least 30 days during the period granted in the residence permit, counted after registration with the Federal Police.

Term of the residence permit

The initial term of the residence permit is 2 years. The immigrant may request to extend the duration indefinitely in the renewal of the permit, observing the requirements outlined in the law. This authorization is valid and extended to spouses, parents and grandparents, grandchildren, children, and siblings.

What is the investor visa in Brazil?

The investor visa is nothing more than the authorization for permanent residence of foreigners in Brazil, to invest in the country based on their available capital. However, it is important to remember that primarily obtaining the visa is essential for acquiring the residence permit afterward.

How to obtain an investor visa in Brazil?

To acquire an investor visa in Brazil, other than real estate investment, the foreigner must invest in a Brazilian company in the amount of at least R$ 500,000.00, or R$ 150,000.00 for innovation projects.

Thus, the request is submitted to the Ministry of Labor and the interested party must submit:

Investment plan;
Articles of Incorporation or constitutive act of the company, with due payment of the invested capital;
Proof of foreign investment, requiring the presentation of the Declaratory Registration of Foreign Investment;
Exchange contract issued by the Bank receiving the investment;
Other documents are necessary to establish residence.

How can a foreigner invest in real estate in Brazil?

Foreigners can invest in real estate in Brazil if they have a valid identification document in the national territory (passport), a unique registration number (CPF), and proof that they have a registered CPF.

However, it is worth noting the existence of restrictions related to the acquisition of rural properties and in border regions.

What is the Normative Resolution number 36 (RN 36)?

The Normative Resolution Nº. 36 of the National Immigration Council, called RN 36, is the rule that governs the granting of residence permits as a result of real estate investment in Brazil. In other words, it presents the requirements to obtain an investor visa in Brazil.

What is the applicable jurisdiction to a property in Brazil purchased or owned by a foreigner?

It’s the jurisdiction of the property’s location. Thus, if the real estate is located in Brazil, even if owned by a foreigner, Brazilian law will apply.

How does the succession of foreign assets in Brazil work?

According to Brazilian law, the succession of assets of foreigners located in Brazil works as follows: it is regulated by Brazilian law for the benefit of the Brazilian spouse or children or whoever represents them. As an exception, foreign law may be applied if it is more advantageous to the heirs.

What are the advantages of obtaining a foreign investor visa in Brazil?

The advantages of becoming a foreign investor in Brazil can come from the devaluation of the national currency and the decrease in the basic interest rate, which turned the real estate market into an interesting area for foreigners.

For this reason, the Association of Foreign Investors points out Brazil as the second best option for investing in commercial real estate.

If you need legal assistance from our team, please message us on WhatsApp.

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Foreign retirees may be eligible for Brazilian Visas

Eduardo Koetz — Tue, 11 Apr 2023 10:30:10 +0000

Foreign retirees can obtain a Brazilian visa, but it is necessary to complete some requirements in order to become eligible! Therefore, in this text, we explain what they are, how to obtain the visa, and its duration. Understand!

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How to obtain a temporary visa for retirees in Brazil?

To obtain a temporary visa for a foreign retiree, the foreigner must be retired, a beneficiary of a pension for death, or, still, have some other source of verifiable and recurring income, such as rent.

Additionally, there must be a demonstration of monthly transfers to Brazil, in foreign currency, of at least US $2,000.00 (two thousand dollars). This amount can be complemented by another regular source of income, also such as rent.

How long does a temporary visa for retirees in Brazil last?

Initially, the visa validity for the retiree in Brazil can be up to 2 years. However, a shorter period may be granted according to the person’s specific case and the assessment made during the immigration process. After that initial term, you may be eligible to apply for a longer period or residence permit.

How long can a retiree stay in Brazil with an expired visa?

The length of time that a foreign retiree with an expired visa can stay in Brazil is 60 days, which can be extended for another 60 days.

Therefore, if the retiree that holds a temporary visa remains in Brazil after the expiration date, the stay will become irregular. Consequently, the person will be notified by the Federal Police to regularize the immigration status within 60 days.

This period is also extendable for an equal amount of time. Furthermore, foreigners who do not have their documents up to date are committing an infraction and are subject to a fine. This situation can also lead to deportation, eventually.

What is the process to obtain a permanent visa for foreign retirees in Brazil?

First, to apply for residence authorization, the foreign retiree must already be in Brazil, that is, in Brazilian national territory, at the time of application. Then, they may apply for residence authorization from the Ministry of Justice and Public Security and present the following documents:

residence authorization application form signed by the applicant or by a legal representative;
valid travel document or other documents that proves the applicant’s identity and nationality, under the terms of the treaties to which the Country is a party;
document proving the applicant’s affiliation, duly legalized and translated by a sworn public translator;
power of attorney when the applicant is being represented;
Government collection document, of the fee for processing and evaluating requests for residence authorizations and the proof of its payment;
documents listed in the specific Normative Resolution of the National Immigration Council applicable to the request;
criminal background certificates or equivalent documents issued by the competent judicial authority where the applicant has resided in the last five years;
a declaration, under penalty of law, of the absence of criminal record in any country, in the five years preceding the date of application for a residence authorization.

In addition, the foreign retiree residing in Brazil must present proof of retirement or death pension and the ability to transfer the amount to Brazil. The amount must be in foreign currency, of at least US$ 2,000.00. But remember: you can add to the pension monthly payment other regular sources of income, if necessary, in order to complement the established amount.

How long does it take for the Brazilian visa to be approved?

The foreign retiree visa depends on authorization from the Ministry of Justice and Public Security. Thence, the retiree visa does not have an exact deadline for its approval. However, it normally occurs between 4 to 6 months after the application is submitted.

For how long can you leave Brazil without losing your visa?

After entering Brazil for the first time, no rule says that you can lose your visa if you stay away for some time. So if you have a temporary visa, you can enter and leave while it is valid, respecting the allowed length time of stay within the country.

However, after having your temporary visa approved, if you have not yet entered Brazil for the first time, you have a time frame of up to one year to enter the country with the visa.

For residence authorizations, the rule is different and will be explained subsequently.

For how long can a foreigner with a permanent visa leave Brazil without losing the Visa?

Actually, “permanent visas” no longer exist, due to an alteration of the Brazilian legislation concerning the subject. Currently, what we have are residence authorizations that allow longer stays, for the purpose of living. In this case, for the retiree who has a Brazilian residence authorization, it is possible to leave the country without losing the authorization for up to 2 years, according to art. 135, III, of Decree 9.199/17.

In summary

This article provides information on obtaining a temporary visa for retirees in Brazil. Foreign retirees must demonstrate verifiable and recurring income, such as retirement or death pension benefits or rent, and monthly transfers of at least US$2,000 in foreign currency to Brazil.

The initial validity of the visa is up to two years, but it can be shorter depending on the individual case. If the visa expires, the retiree can stay in Brazil for an additional 60 days, which can be extended for another 60 days.

To obtain a permanent residence authorization, retirees must already be in Brazil and provide various documents, including criminal background certificates, proof of retirement or death pension benefit, and the ability to transfer at least US$2,000 in foreign currency to Brazil.

The processing time for the visa is typically between 4 to 6 months. After entering Brazil for the first time with a temporary visa, there is no rule that says how long a person can leave and still maintain the visa. For residence authorizations, retirees can leave Brazil for up to two years without losing the authorization.

If you need legal assistance from our team, please message us on WhatsApp.

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What is tax domicile?

Eduardo Koetz — Tue, 04 Apr 2023 22:01:18 +0000

In this article see what tax domicile is, and how you can choose your tax domicile or change it to another country, and what you can and can’t do after changing your domicile, being a non-resident.

If you need legal assistance from our team, please message us on WhatsApp.

Author: Bianca Noronha

What is tax domicile?

The tax domicile can be understood as the place where the person concentrates his economic activities, having to account to the local authorities for taxation purposes, subjecting himself to the laws of the place.

In other words, to be a tax resident in Brazil is to be subject to Brazilian tax laws, being a way of regularizing yourself before the authorities. Tax domicile is also applicated in relation to states and municipalities.

In addition to demonstrating the desire of the interest to want to be linked to Brazil, we know that this makes life easier for those who wish to continue living or working on Brazilian soil.

And, if you are a foreigner and want to set up a company or want to work here in Brazil, achieving this status may be a necessity.

In this text, we list the main information on how to obtain the Tax Domicile in Brazil.

Cases where tax domicile is mandatory

There are some situations that make a person obligatorily considered a tax resident.

According to the Internal Revenue Service of Brazil, a person is considered a resident, for tax purposes, in the following cases:

When residing in Brazil permanently;
In providing services to autarchies or departments of the Brazilian Public Administration, even with civil domicile abroad,
Being a foreigner:

From the date of your arrival in Brazil with a permanent visa;
When entering Brazil with a temporary visa and completing 184 days, consecutive or not, of stay in the country, within a period of 12 months;

When establishing a tax domicile in Brazil is interesting

Are you a foreigner or Brazilian residing abroad and wish to:

Enter into an employment contract on Brazilian soil (face-to-face or remote);
Intend to exercise autonomous activity or as a liberal professional;
Do you want to open a company on Brazilian soil;
Want to acquire real estate or furniture on Brazilian soil;

In such cases, having a lawyer is the best option for you.

The authorities allow the non-resident to appoint an attorney (who, in this case, will be a person resident in Brazil) to fulfill and be responsible for his/her tax obligations. Preferably a specialized lawyer or law firm, which has judicial authorization for numerous procedures necessary for conducting business.

This is because, if you hire someone to be your procurator, on several occasions you will also have to hire a lawyer to accompany you.

Anyway, this attorney-in-fact will be the link between the non-resident and the Brazilian Authorities, thus granting the non-resident tax domicile in Brazil.

Can I choose a lawyer as a representative in the constitution of tax domicile?

At first glance, it might seem that lawyers cannot be tax representatives for non-residents.

Therefore, there is no problem in appointing a lawyer as your representative. This is even a common practice when individuals or legal entities wish to set up companies or invest in real estate in Brazil.

Depending on the objective of the non-resident, appointing a lawyer as a representative is ideal to streamline the entire process.

Means of obtaining the address to establish tax residence

A few years ago, it was necessary for foreigners or Brazilians residing abroad to own or rent property to establish their tax domicile in Brazil.

However, now there is the option of the virtual office.

The use of a virtual office as a tax domicile is already a practice adopted by companies that do not need their own physical space.

It must be a reliable virtual office, which is responsible for receiving and delivering correspondence immediately, in addition to being diligent with all personal information or the company it is hosting.

Moreover, it is also important that it has some time of existence or that it provides guarantees that it will remain in place for a long time.

If your goal is to open a company here in Brazil to work autonomously and remotely, this can be a great choice to lower costs.

Can non-residents open a bank account in banks in Brazil?

If you aren’t a resident and still want to move money to Brazil, you can choose to open a bank account at a Brazilian bank.

It’s possible to do this through a type of account called CDE (account for residents abroad), exclusively for those who don’t have a tax address in Brazil.

This account can be used to carry out various operations, like transfers, financing, deposits, and some specific types of investments.

On the other hand, not all banks offer these services, besides being tiring to open an account due to the various requirements presented by financial institutions.

For these reasons, the ideal is to have specialized legal advice and consultancy to avoid any type of problem when opening an account.

Will I be required to declare income tax if I become a resident?

As mentioned before, acquiring a tax domicile means that you have to comply with a series of tax obligations, and one of them is to pay taxes and declare your assets and income during the period of your domicile.

It’s important to comply with these obligations to avoid fines, and tax lawsuits and to remain regular.

When is it no longer necessary to pay tax in Brazil?

If you are a tax resident, wish to move to another country, and permanently terminate your relationship with Brazil, stop paying taxes, you must do the administrative procedure to stop being a tax resident in Brazil.

For this, you must deliver the Definitive Departure Communication, at the time of your output, and, subsequently, deliver the Definitive Country Departure Declaration referring to the period in which you were still a resident.

These two procedures must be delivered to the Internal Revenue Service of Brazil and must be planned to avoid overpaying taxes or failing to pay residual taxes due to lack of information, which in the future may turn into large amounts with fines and interest.

It is important for you to know that non-residents may be required to pay income tax if they obtain any type of income in Brazil, such as remuneration for work performed even remotely, renting a property they own in Brazil, income from investments or capital gains, or any other type.

In these cases, you must pay the Income Tax amount due immediately after receiving the amounts, through a payment slip called DARF.

It’s advisable to have specialized advice so that everything goes well.

If you need legal assistance from our team, please message us on WhatsApp.

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Permanent Visa for family reunion in Brazil, how to obtain it?

Eduardo Koetz — Tue, 04 Apr 2023 10:30:40 +0000

A permanent visa for a family reunion in Brazil is a type of visa that allows foreigners to enter and reside in Brazil to join a close family member who is a Brazilian citizen or a permanent resident. This type of visa is intended for spouses, parents, children, or other close relatives.

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Visa for a family reunion in Brazil, how to obtain it?

A visa for a family reunion can be a great achievement for those who have a consistent family bond with a Brazilian or with someone who is living legally in Brazil and wish to keep the ties even stronger. This text explains what it is, who is eligible, and which documents to use.

What is a family reunion visa?

The permanent Visa for a family reunion in Brazil can be obtained when it is proved that you have a link with a Brazilian citizen or with someone living legally in the country. Thus, when a Brazilian is somehow connected, even with a distant relative, it’s possible to apply for a visa to reunite those from the same family.

Who is entitled to the family reunion visa?

Different profiles are entitled to a permanent Visa for a family reunion in Brazil. Therefore, it can be granted to the immigrant:

Spouse or partner of a Brazilian or of an immigrant who is the beneficiary of a residence authorization, without discrimination under the law;
Child of a Brazilian or of an immigrant who is the beneficiary of a residence authorization;
Stepchild of a Brazilian or an immigrant who is a beneficiary of a residence authorization. In this case, must be under 18 years of age, or up to 24 years of age, if proven to be a student. However, if economic dependence is confirmed, all ages are eligible (which we will explain below);
Who has a Brazilian child;
Who has an immigrant child that is a beneficiary of a residence authorization;
Ascendant to the second degree of a Brazilian or immigrant who has a residence authorization;
Descendant up to the second degree of a Brazilian or also an immigrant who has residence authorization.

What is the caller?

There is a caller in the process for a permanent Visa for a family reunion in Brazil. That means a Brazilian citizen, who has a Brazilian identification document, or a foreigner with a valid residence authorization in the country.

In addition to the caller, there is also the “called”, which refers to the foreigner, which can be located in Brazil or abroad.

In short, the caller is the person who is already a resident or has residence authorization, and the “called” is the person who will apply for the permanent Visa for family reunion in Brazil.

Text continues after infographic.

Documents required for applying for the permanent Visa for family reunion in Brazil

Different documents are required from both the caller and the called party. Therefore, see below the specific documents that you’ll need for a Family Reunion Visa.

Documents for the “called”:

Certified copy of proof of relationship with the caller;
Certified copy of passport;
For those over 18 years of age: certified copy of the criminal record certificate issued in the country of origin. It must be authorized by the Brazilian Embassy or Consulate and translated into Portuguese;
Two 3×4 photos with a white background.

Documents for the caller:

Certified copy of RG (Brazilian identification document), if Brazilian, or Permanent or Temporary CRNM (National Migration Registration Card), if foreign;
Caller’s certified copy of proof of financial capacity;
3×4 photo with white background;
Certified copy of proof of residency.

The analysis and decision regarding the Visa applications are made by the Ministry of Foreign Affairs of Brazil – Itamaraty.

When will the visa or residence permit for the purpose of family reunion be granted to the immigrant?

The family reunion visa will be granted when there is proof of a family relationship with the caller and when the necessary documents are delivered.

Additionally, the visa is subject to certain conditions and requirements, and it’s important to consult with a qualified immigration attorney to ensure that all requirements are met and to navigate the visa application process successfully.

If you need legal assistance from our team, please message us on WhatsApp.

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Visa for foreign investors in Brazil – What are the requirements?

Eduardo Koetz — Wed, 22 Mar 2023 10:30:30 +0000

A visa for a foreign investor in Brazil is possible when an investment of foreign capital in the country can be proved. Thus, the investor will be allowed to live in Brazil and secure some rights. However, important details must be kept in mind. Understand in the text below.

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Visa for a foreign investor in Brazil

The visa for foreign investors in Brazil, better called an investment-based residence authorization, is an option for non-Brazilian entrepreneurs who wish to invest funds in Brazil and at the same time live here.

The text continues after infographic.

Thus, it’s possible to invest as an individual in a Brazilian company or a real estate venture. After demonstrating the foreign capital investment in a Brazilian company, the person becomes eligible to apply for a permanent visa in Brazil. To learn more about how to obtain the visa, read until the end. And if you want to understand other types of visas for foreigners in Brazil, click here.

How to obtain this type of visa?

To obtain a visa for foreign investors in Brazil, it is necessary to first invest in a Brazilian company an amount of at least R$500,000, or R$150,000 for investments in innovation projects.

Hence, the request for a prior residence permit to obtain a visa approval in this modality, according to Normative Resolution number 13, of December 12, 2017, must be accompanied by the following documents:

Articles of incorporation or constitutive act of the company benefiting from the investment, registered with the competent body, with the foreign capital invested duly paid in;
Proof of foreign investment, upon presentation of the Current Corporate Structure – Declaratory Registration of Direct Foreign Investment in Brazil – of the Central Bank system, proving the payment of the investment in the receiving company, and exchange contract issued by the Bank receiving the investment, in the codes that characterize foreign direct investment;
Investment or Business Plan under art. 4th; and
other documents that are listed in Normative Resolution No. 01/2017 of the National Immigration Council.

Thus, if you are already in national territory and want a visa for a foreign investor in Brazil, the following documents will be requested:

Application mentioning the process that granted the previous residence permit;
Carteira de Registro Nacional Migratório – CRNM (National Migration Registration Card);
Copy of the income tax declaration of the company’s last fiscal year and the respective delivery receipt;
A copy of the Relação Anual de Informações Sociais – RAIS (Annual List of Social Information) relating to the last three years, which demonstrates the fulfillment of the generation of jobs foreseen in the Investment Plan; and
Copy of the last payment form of the Fundo de Garantia do Tempo de Serviço – FGTS (Employee Severance Indemnity Fund), together with the list of employees.

Who can obtain a foreign investor visa?

As mentioned previously, the individual who can invest the minimum amount under the required conditions is eligible for an investor visa. Additionally, it will also be possible to regularize their legal dependent’s stay in Brazil only with their investment. That is, children and partners may apply for a visa without the need for new investment.

In this sense, if you would like legal assistance from our specialized lawyers for a visa as an investor or to regularize your stay in Brazil, click here to access the service area and request yours.

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Investor visa: Brazilian option!

In summary, you must pay attention to the documents required for the visa to be granted. The investor visa brings interesting benefits that may be right for you. Brazil presents business opportunities that may be of interest to any type of person interested in investing!

If you need legal assistance from our team, please message us on WhatsApp.

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Visa from India to Brazil: rules, application, and more.

Eduardo Koetz — Wed, 01 Mar 2023 10:30:41 +0000

In this text, you will read about the Visa from India to Brazil and its requirements, as well as the price, the procedures as a visitor, tourist or worker, how to obtain it, and more!

We gathered important information so you don’t have major headaches when obtaining your Brazilian Visa.

If you need legal assistance from our team, please message us on WhatsApp.

Can Indians go to Brazil without a visa?

No. In summary, Indians need a visa to enter Brazil. That is because Brazil works with the principle of reciprocity. In other words, when a visa is required from a Brazilian citizen in another country, Brazil tends to demand it from the foreign citizen of that country.

Visa from India to Brazil, when do I need one?

To visit Brazil, being an Indian, you need a visa in all circumstances, including tourism and visiting.

However, you must pay attention to what your travel purpose is and get the correct Brazilian visa.

Is the Brazilian Work Visa easy to get?

No. In fact, work visas are among the hardest to get. This happens because Work Visas need:

approval from the Brazilian Ministry of Justice and Public Security;
the procedure must be initiated in Brazil;
a formal work contract with a Brazilian company already in place with you.

Only with those requirements filled in, you can apply for a Brazilian Work Visa.

Alternatives for an Indian to live in Brazil without a Work Visa

However, you can live in Brazil with other types of visas, such as:

Digital Nomad – remote work, usually with Information Technology and having a foreign employer;
Family Reunion – visa focused on reuniting family members in Brazil when the foreigner or Brazilian is in the country and their family members are not;
Retired or pensioner visa – visa for retirees or pensioners who wish to take up residence in Brazil and earn a USD 2000 net monthly income;
Business Investor – visa for foreigners who want to invest in Brazil, whether through traditional companies or startups and research;
Real Estate Investor Visa – visa for foreigners who want to invest in real estate in Brazil. The minimum amount may vary depending on the region of the country.

How do Indians get a Visa for Brazil?

First, you should try the official website of the Brazilian Government, the e-consular. If the Embassy or Consulate does not have an online service, you need to visit the Embassy or Consulate in person to get the Brazilian visa.

How can I go to Brazil from India?

Before traveling, you must start the visa procedure in advance, as the Embassies and Consulates do not set a fixed deadline for obtaining a visa. Once you have your Visa in hand, you can enter Brazil by air or sea.

How can I get a tourist visa from India to Brazil?

To obtain your India to Brazil tourist visa, you need to apply through the E-consular website. However, only some Embassy or consulates offer this online service. If yours don’t, you must personally visit the Embassy or Consulate or analyze possibilities of contact by email or mail.

Price of the visa from India to Brazil

In general, the price of the visit visa is around INR 10,000.00. But you must remember that the price may vary depending on the type of visa and when you start the process.

The price of the Brazilian visa may vary due to several factors, including the category of visa requested, the country of origin of the applicant, the duration of the visa, the purpose of the trip, the processing fee, and even the current Gold value. Also, the amounts may differ depending on the Embassy or Consulate responsible for processing the application.

For example, values may be higher for citizens of countries considered high-risk or that have a recent history of illegal immigration to Brazil. In general, the price of the Brazilian visa is established by the Brazilian Government and may be revised periodically, for example, once a year. It’s important that applicants check the updated values on the website of the responsible Embassy or Consulate before applying.

If you need legal assistance from our team, please message us on WhatsApp.

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Requirements for a Brazilian Visa

Eduardo Koetz — Wed, 15 Feb 2023 10:30:05 +0000

In this text, we are going to talk about the main doubts that involve the Brazilian visa, in addition to costs, means of obtaining it, and main documents. Understand the essential requirements for a Brazilian visa, check it out!

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In this text you gonna read:

How easy is it to get a Brazilian visa?;
Requirements for a Brazilian visa, such as documents and fees;
How much bank balance is required;
online visa, in person, or through other channels;
Benefits of having a lawyer;
Pros and cons of trying to get a visa alone.

Is a Brazilian Visa easy to get?

It depends if you have enough proof of the justification you’re trying. That means: when you apply for a Visa, you must choose a modality, which depends on the reasons why you want to enter a certain country. For example, if you want to travel for tourism, you’ll need a visit visa. The requirements are easier than a work visa because in the second case, you must have a work contract with a Brazilian company.

What documents are needed for a Brazilian Visa?

The general documents and requirements for a Brazilian visa are:

Valid passport;
One passport-size photograph;
Visa application form;
Sufficient Funds;
Receipt of consular fee payment;
Specific documents according to the Visa you are applying for.

After you finish reading this introductory article, I recommend you go to the one we explain the types of Brazilian Visas according to Travel purposes. There you can check the list of available visas.

How much does a Visa cost in Brazil?

The price of the Brazilian visa depends on the foreigner’s country of origin and the specific type of visa. However, for Americans, for example, the usual charge is $160.

How much bank balance is required for a Brazilian Visa?

It depends on how long you intend to stay in Brazil. In addition, each Embassy or Consulate may require a different amount.

Ideally, you must have at least proof of income from the last three months.

But we can mention some specific examples too:

digital nomad: USD1500.00 or US$18,000 bunk funds;
retiree or pensioner: monthly income of USD2000.00 net (you can combine pension with another source of income if needed).

However, the more proof of banking content, the better. Therefore, prior to applying, be sure you’ll fit the requirements for a Brazilian visa.

How do I get a visa to travel to Brazil?

The Brazilian Government offers an online option, the “e-consular” system. However, if the Embassy or Consulate in your country does not offer this service, you must attend in person or get in touch via e-mail or mail to apply for a Brazilian visa.

How do I apply for a Brazilian Visa online?

You can use the online system called e-consular. Through the official website of the Brazilian Government, it’s accessible to fill out the requested forms, send documents and pay fees and all of the requirements for a Brazilian visa.

However, you must pay attention to whether the specific Embassy or Consulate offers this type of service. If not, you’ll need to apply in person or get in touch via email or mail.

Can I visit Brazil with a US visa?

No, but you can enter Brazil with an American passport.

That’s because a visa permits a person to enter a certain country. So if you have a U.S. Visa, you are allowed to enter that specific country.

On the other hand, the passport is a document connected to your origin or naturalization. Therefore, if Brazil does not require visas for people from certain countries, whoever has a passport to that country, can enter Brazil without Visa if they want to travel for a “visit”.

That is the case with the U.S. passport. In this modality (visit), the length of stay is currently 90 days.

How can a lawyer help me with my Brazilian Visa?

A qualified lawyer can be a way to increase your chances of getting a Brazilian visa, because of the normal difficulties and requirements for a Brazilian visa. Therefore, the gathering of documents, payment of fees, and access to official Brazilian bodies are more facilitated.

What are the benefits of asking for a Brazilian visa by myself?

The main benefit is saving money if you are on a budget. On the other hand, you might face a high amount of bureaucracy and doubts about which is the best strategy for your case.

However, you can do the entire procedure yourself without encountering any difficulties. If you are certain that the visa you are applying for is correct, everything is filled in correctly, the fees are paid, and you have time to dedicate, the procedure tends to work out.

What are the risks of applying for the visa by myself?

The risks you may face when applying for the visa alone are:

applying for the wrong Visa;
little or no time to dedicate to the process;
losing deadlines;
missing documents;
forgetting to translate and/or apostille the documents;
facing the bureaucracy alone.

It may happen that you do not attach the necessary documents, and requirements for a Brazilian visa, as well as not fill out the form correctly, in addition to not paying the fees required by the Brazilian Government. A specialized lawyer can help speed up the process and take care of the entire procedure more adequately.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian visa for U.S. citizens: modalities, rules, period of stay and more.

Eduardo Koetz — Wed, 01 Feb 2023 10:30:09 +0000

In this text, you will read how U.S. citizens can get a Brazilian Visa or live in Brasil. In addition, you will understand the periods of stay and what is needed for Brazilian naturalization, if that is your interest!

You will find the following topics covered:

Do Americans need a visa for Brazil?;
How much is a Brazilian visa?;
How to get a visa and how long does it take?;
The period of stay for U.S. citizens in Brazil without a visa;
How much bank balance is required for a Brazilian visa?;
Temporary residence and permanent residence for U.S. citizens in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

Do Americans need a visa for Brazil?

It depends! American citizens do not need a visa if they are traveling to Brazil for the purpose of tourism, business, or temporary activities. The period of stay can be up to 90 days and extended for plus 90. However, if you intend to stay in the country for a longer period, you must get a Visa according to your travel purpose. In addition, if your desire is to live in Brazil then you’ll need residence authorization.

How much is a Brazilian visa for U.S. citizens?

The cost of a Brazilian visa for U.S. citizens is $160.00.

How does a US citizen get a Brazilian visa?

A U.S. citizen can request a Brazilian Visa through the e-consular website. However, it’s also possible to visit one of the Embassies or Consulates of Brazil in the United Estates to continue the process. It’s important to have all the required documents and also pay the requested fees.

How long does it take to get a Brazilian visa for U.S. citizens?

Actually, there is no assertive estimate! In other words, it depends on the Embassy or Consulate handling the process. Therefore, it’s important to start the process in advance to avoid problems.

Note that we have been following many cases on this issue and, in general, they are taking about 2 – 6 months. But it is not an official term/deadline, so you might experience a longer wait.

How long can a US citizen stay in Brazil without a visa?

A U.S. citizen can stay in Brazil without a visa for 90 days. As mentioned before, the stay can be extended for more than 90 days if desired.

How do I book an appointment for a Brazilian Visa?

In order to make an appointment for a Brazilian visa, you need to access the website e-consular. Also, the official website provides information and addresses of Embassies and Consulates if necessary the presence of the interested U.S citizen.

How much is the bank balance required for a Brazilian visa?

It depends on the type of visa you are interested in getting. For example, retirees and pensioners might apply for a special Visa, which requires proof of a $2000.00 monthly net income. On the other hand, digital nomads must prove $1500.00 monthly, from a work contract with a foreign company. So, you must verify the best visa for your case and the specific requirements, including the bank balance.

How can a U.S. citizen renew a Brazilian visa?

A U.S. citizen can renew her/his Brazilian visa by attending a Federal Police in Brazil. In addition, you must appear in person to proceed with the request.

Visa requirements for us citizens

You’ll need:

A valid U.S. passport;
U.S. citizens do not need a visa if they travel to Brazil for tourism, business, transit, artistic or sports activities, with no intention of establishing residence;
For other types of travel, U.S. citizens may need to apply for a Brazilian visa either online here or at the nearest Brazilian consulate in the United States or abroad;
Find a Brazilian consulate in the United States.

Other requirements may apply, according to the type of visa you’ll request.

Temporary residence for U.S. citizens in Brazil

It’s essential to keep in mind that if your visa is valid for 12 months or less, you need to arrive in Brazil and start analyzing and organizing the documents to request residence. That’s because there are a few steps and cautions to apply.

Generally, a U.S. citizen has 2 years to stay in Brazil temporarily, but this term can vary to more or less time.

In addition, each visa has its form of residence permit modality. So analyze your situation carefully!

Permanent Brazilian Visa for U.S. citizens

For a Permanent Brazilian visa to U.S. citizens, you need to start organizing your documents in advance. Including your CRNM, because it’s also important.

Once you have everything organized you can apply for a permanent residence permit 90 days before your temporary residence permit expires. To know the detailed step-by-step, read our article about Permanent Residence for Foreigners.

Brazilian citizenship for us citizens: is it possible?

Yes, it is! After living 4 uninterrupted years in Brazil and having proficiency in Portuguese, you may be eligible for Brazilian ordinary naturalization.

However, if you have a Brazilian child or are married to a Brazilian citizen, this residence time may drop to 1 year.

How does the Brazilian digital nomad visa work for U.S. citizens?

The Brazilian Digital Nomad visa for U.S. citizens requires that:

you have a work contract with a foreign company with a monthly income of, at least, $1500.00;
your work can be done remotely through informational and communication technologies.

We explained details in our article about the Brazilian digital nomad visa.

How does the Brazilian visa for retired or pensioners work for U.S. citizens?

If you are retired or pensioner, you must have a foreign source of income in the amount of US$2000.00 net per month. The total amount can be the sum of your pension with another source of income, for example, rent. This visa has a period of up to 2 years.

How does the Brazilian family reunion visa work for U.S. citizens?

A Brazilian Visa for Family Reunion needs that you have a “caller”, a person that is already in Brazil. The caller must be a Brazilian citizen (born or naturalized) or a foreigner who has a long-stay visa or any kind of residence authorization.

You must have some sort of close relationship with the caller. For example parents, spouses, and children.

How does the Brazilian Real Estate Investor visa work for U.S. citizens?

A Real Estate Investor Visa requires an investment in urban real estate. The minimum value is R$1.000.000,00 for acquisitions in the south, midwest, and southeast regions of Brazil. However, if you want to buy or invest in Real Estate in the Northeast or North regions, the minimum value is reduced to R$700.000,00!

How does the Brazilian business investor visa work for U.S. citizens?

A Business Investor Visa requires an investment in a traditional company or start-up company. For innovation companies, Brazil offers benefits for the investor, such as a smaller minimum value of the investment. The minimum amount may vary between R$150.000,00 and R$600.000,00 according to the type of company and investment.

This Visa can last up to 4 years.

Now you know more details about how to get a Brazilian visa, being a U.S. citizen.

It’s essential to understand the best strategy for your case! Learn the steps and, if you still have doubts, talk to us. We may create a strategy that fits your need.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Visa: policy, types, application and requirements

Eduardo Koetz — Mon, 16 Jan 2023 10:00:02 +0000

It’s common to have doubts about the Brazilian visa, but in this text, you will find the main information to come to Brazil safely! We have gathered for you what you need to know and have a peaceful stay in the country without major problems.

If you need legal assistance from our team, please message us on WhatsApp.

In this text you will find:

Visa policy;
Who has Visa Waiver in Brasil;
How to get the visa;
How to apply for the Brazilian visa online;
Which Brazilian Visa do you need and what are the requirements;
About it Embassy and Consulates.

Visa policy of Brazil – why do I need a visa?

Firstly, you need to know that Brazil operates on the principle of reciprocity. Therefore, if a country requires a visa from Brazilian citizens, it’s likely that Brazil will require a visa from its foreign citizens.

Furthermore, when a Brazilian is exempt from a visa, it’s common for the foreign citizen not to need a Brazilian visa, as follows the principle of reciprocity.

That’s why it’s essential to check your specific situation before coming to Brazil.

Who has Visa Waiver and Exemption in Brazil?

People can have Visa Waivers from international agreements between countries and Brazil, as is the case of people from Mercosur. As we said, Brazilian laws are based on the principle of reciprocity and on international agreements to establish the need for visas or not.

How to get a Brazilian visa?

Itamaraty (the Ministry of Foreign Affairs) is the body responsible for granting visas, which occurs through the Embassies, General Consulates, Consulates, and Vice consulates of Brazil abroad. It’s good to point out that the visa is a document required to enter Brazil.

It’s advisable to organize the necessary documentation for visa withdrawal from 6 months to 1 year before traveling to Brazil. This period of time is important as Embassies and Consulates may take a while to issue a visa. The entire procedure can be done on the official website of the Brazilian Government or in person.

In addition to filling out a form, and collecting photos and documents, you must also pay the fees required by the Brazilian Government.

How do I find out which Brazilian visa I need?

First, you need to know the reason for your trip to Brazil. That is, keep in mind precisely the purpose of your trip or stay in the country.

You need to know exactly the purpose of your trip because Brazil has several types of visas that can perfectly fit your objective and it’s important to look for the right visa. In the beginning, you will have 90 days to stay in the country and know that it’s possible to extend this stay, if necessary.

To know your options, check our article about Brazilian Visa according to your travel purpose.

Thus, carefully analyze the reason for your trip, as it’s not advisable to have a visa that does not exactly correspond to the reason for your stay.

Which are the requirements for the Brazilian Visa?

According to the Brazilian government, foreigners must follow the following rules:

Submit the visa application form duly completed;
A valid travel document;
Proof of payment of consular fees;
International Certificate of Immunization – when necessary;
And other specific documents for the type of visa requested.

Therefore, as mentioned before, it’s important for you to know exactly the purpose of your trip to Brazil in order to apply for the correct visa.

Embassy and Consulates

Each country has an Embassy or Consulate responsible for obtaining a Brazilian visa. Therefore, it’s necessary to check at the respective Embassies or Consulates through a list of the Ministry of Foreign Affairs available online. Through the list, find your respective country and city and see the options for obtaining a Brazilian visa.

You should know that not every Consulate or Embassy has an online service. In this way, you should check whether you need to appear in person, send an email or use the post office.

How can I apply for a Brazilian Visa online?

First of all, you need to access the e-consular. Itamaraty website allows the issuance of the visa online. Thus, it’s necessary to follow standard procedures and ask for the correct visa in your specific situation.

How to check my Brazilian Visa status?

The e-consular system serves to check your Brazilian Visa status but at any time it’s possible to access the Brazil Consular website.

When do I need a lawyer to get my Brazilian visa?

A lawyer is needed when basic requirements are not met, in other words, when there is difficulty in finding documentation or accessing the correct government websites. A good professional can build a “bridge” between your country of origin and Brazil.

How a lawyer can help me with my Brazilian visa?

In the first place, the chance of not granting the visa is reduced significantly by a lawyer’s help. A lawyer can “translate” the entire visa granting process in a more didactic and explanatory way, solving any doubts you might have. Gathering documentation, helping pay fees, and having access to Brazilian agencies are important issues and can be facilitated with a specialized professional by your side. In addition, understanding the visa terms and Brazilian government requirements is less confusing with a lawyer.

Also, there are specific laws that might differ from what you are used to in your country, such as the validation of your documents.

For example, if you need to present yourself to the Federal Police in order to get a Brazilian ID, you must have your papers certified under Hague apostille, which must be done in your country of origin!

Steps of the Brazilian Visa Application

It’s important to say that the e-consular is of great help to any foreigner seeking a visa. Through the website, it’s possible to check Embassies and Consulates, in addition to issuing a visa. However, here are the main steps:

Visit the official website of the Brazilian government;
Fill in the requested form;
Submit required documents;
Pay the appropriate fees;
Go to the Consulate or Embassy in person, if necessary;
Wait for the Embassy or Consulate contact to pick up your visa.

If you need legal assistance from our team, please message us on WhatsApp.

The post Brazilian Visa: policy, types, application and requirements appeared first on Koetz International and Succession.

Brazil visa application online: steps, status, and support.

Eduardo Koetz — Wed, 11 Jan 2023 10:00:21 +0000

In this text, we explain to you how to come to Brazil, the Visa application online, its website, form tracking status, and more essentials for your travel!

At first, the process may seem complex but I want to help you to do the following activities without any problems.

If you need legal assistance from our team, please message us on WhatsApp.

In this text you will read about the visa application online

How to obtain a visa safely, in addition to knowing the possibilities given by the Brazilian Government and the necessary steps for the process!

What is the Brazilian Visa and why it’s needed
Where and steps to make the Visa Application
The cost of a Visa
Who needs a visa to visit Brazil and Brazilian Visa Waiver
Main mistakes to avoid while requesting a Visa
Is it better to apply by yourself?
How a migration lawyer can help
Conclusion

The “Brazil Visa” Application

What is the “Brazil Visa” for?

A visa is a document that the Brazilian Government requires to enter Brazil. However, some countries have visa waivers, therefore, it’s necessary to check before your trip whether or not you need a visa for Brazil.

By the way, you can check your visa application website as the text continues.

What is the Brazil eVisa?

The e-Visa is a way to obtain your visa for Brazil online, by filling out an application. Even though, it’s necessary to go to a Brazilian Consulate or Embassy in person.

Where can I make the Brazil Visa Application?

Before visiting Brazil, you can obtain your visa application through the official website of the Brazilian Government.

Steps to make the Brazil Visa Application

Firstly, you need to check if you need a visa to enter Brazil. Secondly, it’s essential to select the correct visa type for your travel purpose, that is, the reason you want to come to Brazil. Thirdly, you will need to select the proper documents, send them through the online platform and pay the fees requested by the Brazilian Government. Thus, your visa application to visit Brazil is complete.

How much does it cost?

The visa price depends on your country of origin as well as the type of visa.

United States USD 160.00
Algeria USD 85.00
Angola USD 180.00
Australia USD 120.00
China USD 115.00
All others not exempted from VIVIS visas USD 80.00

Who needs a Visa to enter Brazil?

Brazil works with reciprocity, that is, it requires visas from foreigners that the country requires visas from Brazilians. So to visit Brazil, will need a visa if your country is on the list. However, if you want to live, work or study in Brazil, you’ll probably need a Visa, except for few cases, such as citizens from MERCOSUR countries.

Brazil Visa Application Form Online

What is the Brazil Visa Application Form?

The Brazil Visa Application Form, it’s required by the Brazilian Government to understand the reasons for your trip to Brazil, in addition to gathering important documentary information.

Where to find the form?

You will find the form on the official visa application website of Brazil or by going in person to Brazilian Embassies or Consulates.

Where do I need to send the form?

If you are doing the procedure online, it’s important to follow the steps given by the website. Online, you will be able to check your visa application tracking before visiting Brazil.

However, in some cases, there is a need to go in person to a Brazilian Embassy or Consulate to deliver the form or use email or postal mail.

How to fill out the form correctly?

You must pay attention to the documents that are requested, in addition to filling out the form as detailed as possible. If the form is not filled out correctly, there is a chance that the visa will be denied. So be careful or seek a lawyer to better guide you.

Brazil Visa Application Online – Status Check

The website where to check the status of your application

You can check your Brazilian visa application status here. Therefore, it’s easier to know when to come to Brazil by seeing your visa application status correctly. Your visa application tracking will be updated by Brazil as the status of the order progresses.

How long is going to take the analysis of my Brazilian Visa?

Brazilian Consulates and Embassies do not give a specific deadline for granting a visa. Furthermore, it’s interesting to do the entire procedure in advance so that you have time and come to Brazil in the best possible way. However, you can always check your visa application tracking before visiting Brazil.

Beware of: attention points to avoid problems!

Can I enter Brazil without an online Visa?

It depends on your nationality. Foreigners from MERCOSUR and border countries do not need a visa to visit Brazil, as US citizens. Therefore, it’s worth checking in advance whether your nationality allows entry without a visa.

Brazilian Visa Waiver – who is exempted from getting a Visa to enter Brazil?

The citizens from countries with which Brazil has a diplomatic agreement have visa-exempt entry to Brazil for visit purposes and, in some cases, for long stays. For example, countries bordering Brazil and participating in MERCOSUR are exempt from visit visas and some other modalities.

Main mistakes people make when applying for the Brazilian Visa

You must pay attention to the documents requested by the Brazilian government, as well as fill in the form as precisely and accurately as possible. By the way, paying the fees is also important so that you don’t have your visa denied. Knowing which visa is suitable for your stay in Brazil is also necessary.

When is it better to apply by yourself?

It’s advisable to do the procedure yourself when you already have some kind of experience or can practically gather the documents and understand the requirements of the Brazilian Government. However, it is always important to check that you are doing it correctly.

When it is risky to apply by yourself, without a lawyer?

The risks of applying for your visa without a lawyer are:

filling in the form incorrectly;
not selecting and sending the necessary documents;
in addition to not understanding exactly what the requirements of the Brazilian Government are, as it can be a bureaucratic and complex process.

How a migration lawyer can help you

A migration lawyer can understand the requirements and assist you in organizing documents and facilitating your relationship with Brazilian official bodies. In this way, the process is facilitated, organized, and faster.

Conclusion

In summary, you have seen how to apply for a Brazilian visa and the precautions to be taken when filling out the form, in addition to paying fees. In addition, you can understand how to better understand the procedures and when to call a specialist lawyer.

If you need legal assistance from our team, please message us on WhatsApp.

The post Brazil visa application online: steps, status, and support. appeared first on Koetz International and Succession.

List of countries that do not need a visa to enter Brazil

Eduardo Koetz — Wed, 23 Nov 2022 10:30:06 +0000

We made for you a list of countries that do not need a visa to visit Brazil!

After all, before coming to Brazil it’s necessary to prepare yourself so you don’t have unnecessary unforeseen events. In addition to the list, we also answered some common questions about the topic.

If you need legal assistance from our team, please message us on WhatsApp.

Is it possible to enter Brazil without a visa?

Yes, it’s possible to enter Brazil without a visa in some cases, as some countries have Visa waiver by the Brazilian Government. This happens because Brazil applies reciprocity in terms of visas. In other words, if a foreign country requires a visa from Brazilians, Brazil will also require it from the citizens of that country.

What is the Visa Waiver Program for Brazil?

The Visa Waiver Program for Brazil is the opportunity given by the Brazilian Government for the entry of certain foreign citizens occur without the need for a visa.

Therefore, the concession takes place after an agreement made between Brazil and a particular country. That is, with the visa waiver, some foreigners can come to Brazil using only their passport. The main example on the list of countries that do not need a visa to enter Brazil are MERCOSUR and border countries.

Who can enter Brazil without a visa?

In principle, the permission to enter Brazil without a visa depends on the reciprocity that Brazil has with the respective foreign countries. That is: countries that do not require visas from Brazilians. In addition, MERCOSUR and border countries also allow entry without a visa.

Furthermore, the exemption list is very extensive and changes all the time. So it’s important to check the visa waiver or requirement status beforehand so that you can plan your trip in advance.

Why do some countries not need a visa to enter Brazil?

Some countries do not need a visa because Brazil maintains a diplomatic principle of reciprocity. Thus, in general, if Brazilian citizens are not required to have a visa to enter a country, nationals of that country can also enter Brazil without a visa. However, there are exceptions.

The list of countries that do not need a visa to enter Brazil is constantly changing

It’s important to note that the list of countries that do not need a visa to enter Brazil is constantly changing. That is, it’s possible that Brazil today requires a visa for a particular country, but when you read this text, that has already changed and vice versa. So, check the list in advance before your trip to avoid any problems.

Below, we list for you the countries that Brazil does not require a visa, with the list updated in September 2022.

Where can I find the most up-to-date list?

The most up-to-date list can be consulted on the official website of the Ministry of Foreign Affairs.

The board with the list is more complex to read. So we try to update it at the end of each month here in this publication.

List of countries that do not require a visa to enter Brazil (updated March 2023)

Albania: Visa exempt, for a period not exceeding 90 (ninety) days, maximum;
Andorra: Visa exempt, for a period not exceeding 90 (ninety) days, maximum;
Antigua and Barbuda: Visa exempt, for a period not exceeding ninety (90) days, maximum;
Germany: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Argentina: Visa exempt, for a period not exceeding 90 (ninety) days, maximum. Entry allowed upon presentation of ID Card;
Armenia: Visa exempt, for a period not exceeding 90 (ninety) days, maximum;
Australia: Visa exempt, for a period not exceeding ninety (90) days, maximum;
Austria: Visa exempt, for a period not exceeding 90 (ninety) days, every 180 days;
Bahamas: Visa exempt, for a period not exceeding ninety (90) days, maximum;
Barbados: Visa exemptfor a period not exceeding ninety (90) days maximum;
Belarus: Visa exempt, for a period not exceeding 90 (ninety) days maximum;
Belgium: Visa exempt, for a period not exceeding 90 (ninety) days, every 180 days;
Belize: Visa exempt, for a period not exceeding 90 (ninety) days, maximum;
Bolivia: Visa exempt, for a period not exceeding 90 (ninety) days, maximum. Entry allowed upon presentation of ID Card;
Bosnia and Herzegovina: Visa exempt, for a period not exceeding ninety (90) days, maximum;
Bulgaria: Visa exempt, for a period not exceeding 90 (ninety) days, every 180 days;
Canada: Visa exempt, for a period not exceeding 90 (ninety) days;
Chile: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of ID Card;
Colombia: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of ID Card;
Costa Rica: Visa exempt, for a period not exceeding 90 (ninety) days;
Croatia: Visa exempt, for a period not exceeding 90 (ninety) days;
Cyprus: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Czech Republic: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Denmark: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Dominica: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Dominican Republic: Visa Waiver, for a period not exceeding 60 (sixty) days;
Ecuador: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of a ID Card;
El Salvador: Visa exempt, for a period not exceeding 90 (ninety) days;
Estonia: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Fiji: Visa exempt, for a period not exceeding 90 (ninety) days;
Finland: Visa exempt, for a period not exceeding 90 (ninety) days;
France: Visa exempt, for a period not exceeding 90 (ninety) days;
Georgia: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Greece: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Grenada: Visa exempt, for a period not exceeding 90 (ninety) days;
Guatemala: Visa exempt, for a period not exceeding 90 (ninety) days;
Guyana: Visa exempt, for a period not exceeding 90 (ninety) days;
Honduras: Visa exempt, for a period not exceeding 90 (ninety) days;
Hong Kong: Visa exempt, for a period not exceeding 90 (ninety) days;
Hungary: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Iceland: Visa exempt, for a period not exceeding 90 (ninety) days;
Indonesia: Visa exempt, for a period not exceeding 30 (thirty) days;
Ireland: Visa exempt, for a period not exceeding 90 (ninety) days;
Israel: Visa exempt, for a period not exceeding 90 (ninety) days;
Italy: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Jamaica: Visa exempt, for a period not exceeding 90 (ninety) days;
Japan: Visa exempt, for a period not exceeding 90 (ninety) days;
Kazakhstan: Visa exempt, for a period not exceeding 30 (thirty) days;
South Korea: Visa exempt, for a period not exceeding 90 (ninety) days;
Latvia: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Liechtenstein: Visa exempt, for a period not exceeding 90 (ninety) days;
Lithuania: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Luxembourg: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Macau: Visa exempt, for a period not exceeding 90 (ninety) days;
Macedonia: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Malaysia: Visa exempt, for a period not exceeding 90 (ninety) days;
Malta: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Mexico: Visa exempt, for a period not exceeding 90 (ninety) days;
Moldova: Visa exempt, for a period not exceeding 90 (ninety) days;
Monaco: Visa exempt, for a period not exceeding 90 (ninety) days;
Mongolia: Visa exempt, for a period not exceeding 90 (ninety) days;
Montenegro: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Morocco: Visa exempt, for a period not exceeding 90 (ninety) days;
Namibia: Visa exempt, for a period not exceeding 90 (ninety) days;
Netherlands: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
New Zealand: Visa exempt, for a period not exceeding 90 (ninety) days;
Nicaragua: Visa exempt, for a period not exceeding 90 (ninety) days;
Norway: Visa exempt, for a period not exceeding 90 (ninety) days;
Panama: Visa exempt, for a period not exceeding 90 (ninety) days;
Paraguay: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of ID Card;
Peru: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of ID Card;
Philippines: Visa exempt, for a period not exceeding 90 (ninety) days;
Poland: Visa exempt, for a period not exceeding 90 (ninety) days;
Portugal: Visa exempt, for a period not exceeding 90 (ninety) days;
Qatar: Visa exempt, for a period not exceeding 90 (ninety) days;
Romania: Visa exempt, for a period not exceeding 90 (ninety) days;
Russia: Visa exempt, for a period not exceeding 90 (ninety) days;
Saint Kitts and Nevis: Visa exempt, for a period not exceeding 90 (ninety) days;
Saint Vincent and the Grenadines: Visa exempt, for a period not exceeding 90 (ninety) days;
San Marino: Visa exempt, for a period not exceeding 90 (ninety) days;
Serbia: Visa exempt, for a period not exceeding 90 (ninety) days;
Seychelles: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Singapore: Visa exempt, for a period not exceeding thirty (30) days;
Slovakia: Visa exempt, for a period not exceeding 90 (ninety) days;
Slovenia: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
South Africa: Visa exempt, for a period not exceeding 90 (ninety) days;
Sovereign Military Order of Malta: Visa exempt, for a period not exceeding 90 (ninety) days;
Spain: Visa exempt, for a period not exceeding 90 (ninety) days;
Suriname: Visa exempt, for a period not exceeding 90 (ninety) days;
Sweden: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Switzerland: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
Thailand: Visa exempt, for a period not exceeding 90 (ninety) days;
Trinidad and Tobago: Visa exempt, for a period not exceeding 90 (ninety) days;
Tunisia: Visa exempt, for a period not exceeding 90 (ninety) days;
Peru: Visa exempt, for a period not exceeding 90 (ninety) days;
Ukraine: Visa exempt, for a period not exceeding 90 (ninety) days. Maximum stay of 90 days every 180 days;
United Arab Emirates: Visa exempt, for a period not exceeding 90 (ninety) days;
United Kingdom: Visa exempt, for a period not exceeding 90 (ninety) days;
United States: Visa exempt, for a period not exceeding 90 (ninety) days;
Uruguay: Visa exempt, for a period not exceeding 90 (ninety) days. Entry allowed upon presentation of ID Card;
Vatican City: Visa exempt, for a period not exceeding 90 (ninety) days;
Venezuela: Visa exempt, for a period not exceeding 60 (sixty) days. Entry allowed upon presentation of Civil Identity Card. Venezuelan passports are valid for 5 years from the expiration date.

If you need legal assistance from our team, please message us on WhatsApp.

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Permanent residence agreement: Brazil and MERCOSUR countries

Eduardo Koetz — Mon, 14 Nov 2022 20:28:06 +0000

Did you know that nationals of MERCOSUR members or associated countries have a different process to apply for a residence permit in Brazil? Understand how the entire process works and the necessary documentation from the permanent residence agreement in Brazil and MERCOSUR countries.

If you need legal assistance from our team, please message us on WhatsApp.

The MERCOSUR Treaty

The Southern Common Market (MERCOSUR) emerged with the Treaty of Asunción, an initiative of Latin American countries in the 1980s for greater regional integration. The founding members are Argentina, Brazil, Paraguay, and Uruguay.

Since its foundation, other countries have also joined the Treaty, such as Venezuela – currently suspended for breaching a protocol – and Bolivia, which is in the process of accession. All other South American countries are linked to MERCOSUR as Associated States.

What is the purpose of MERCOSUR?

The purpose of MERCOSUR is to establish a common market among these countries – with a model of deep integration. Thus, the Treaty has three basic pillars: economic, social, and citizenship.

In the first pillar, MERCOSUR aims to create a common market between the State’s Parties, being a customs union bloc. In the second pillar, the Treaty aims to establish regional public policies, such as the eradication of poverty and hunger, incentives for education, and public health.

Finally, on the issue of citizenship, the Treaty of Asunción aims to implement policies that allow the free movement of people between States and Parties and guarantee equality between countries – strengthening regional.

That is why a permanent residence agreement between Brazil and the MERCOSUR countries becomes entirely possible, with a differentiated process. In addition, the pension/retirement agreement is also included, which allows for retirement and the acquisition of other benefits by adding time worked between the different MERCOSUR countries.

Permanent residence agreement Brazil and MERCOSUR countries: how to obtain authorization?

Given this, Brazil published Decree Nº. 6,975/2009 which enacts the permanent residence agreement between Brazil and MERCOSUR countries. Thus, people who have nationality originating in one of the States – being a member or associate – can apply for a residence permit in Brazil.

It’s important to note that the immigrant who applies for a residence permit in Brazil has all the rights of a national, such as equality, labor, and social security rights. In addition, it’s possible to include the applicant’s family – even if they are of different nationalities, that is, from a country that is not a signatory to the Treaty.

The requirements and the entire process of applying for a residence permit are set out in the Migration Law Nº. 13,445/2017 and Decree Nº. 6,975/2009. Therefore, immigrants who want to reside in Brazil temporarily or permanently need to follow some steps.

Step by step to apply for a residence permit in Brazil

First, the applicant must appear at the Federal Police (if in Brazil) or the Consulate (if abroad) with the completed application form and the necessary documentation to start the process:
1 photo 3×4, recent, color, white background, plain paper, from the front;
Declaration of electronic address and other means of contact (Annex XIX of Interministerial Ordinance Nº. 3/2018);
Valid and current passport or identity card, to prove the identity and nationality of the applicant;
Birth certificate and proof of marital status and certificate of nationalization or naturalization, when applicable;
Negative certificate of judicial and/or criminal and/or police records in the country of origin or in which the applicant has resided in the five years before his/her arrival in the country;
Declaration, under penalty of law, of the absence of international criminal or police records;
Certificate of judicial and/or criminal and/or police records of the applicant in the country;
Proof of payment of fees, when applicable:
Residence permit;
Issued by the National Migration Registration Card.

This list of documents is for applicants of legal age. There are some document variations for underage applications. In addition, it also has another list of documentation to change the period of residence from temporary – the maximum being 2 years – to undetermined. Remember that: all documents in a foreign language must go through the apostille, according to the Hague Convention.

Those individuals who are abroad must apply at the Consulate presenting the same list of documents. However, when they arrive in Brazil, they must present themselves, within 90 days of entering the country, at a Federal Police unit to carry out their registration.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Visa Types: list according to travel purpose

Eduardo Koetz — Thu, 29 Sep 2022 10:30:15 +0000

There is a long list of Brazilian visa types, and it may get difficult to know which one you must apply for. That’s why we organized this list of Brazilian visa types according to the purpose of your trip to the country.

We hope that this can help you to plan for your trip, knowing the best visa for your situation.

However, it is important to remember that if you are from a certain countries, you might qualify for the visa waiver. For exemple, if you are a citizen from MERCOSUR or other border countries, your entry is facilitated! In this cases, you just needing an official ID with your picture.

If you need legal assistance from our team, please message us on WhatsApp.

Where can I get the information of countries that don’t need the Visa?

Brazil works with reciprocity. That means: the countries that require a visa from Brazil are the ones that Brazil also requests their citizens to present a Visa to enter the country. In general, the visitor has up to 90 days to stay in Brazil, but this period can be extended in some cases. If you need more time, then you must follow de list of Brazilian visa types bellow.

However, how can you know which countries release you from needing a Brazilian Visa?

The main ones are the MERCOSUR countries and border countries. Nevertheless, there are dozens of other countries and the list is always changing. Consult a lawyer to know how t o proceed in your specific case.

Also, if you intend to live in Brazil, you must require a visa, travel to Brazil and then apply for the residence permit.

List of Brazilian Visa Types

Note that each visa has its function to better suit the type of visit. In other words, it’s better to define as soon as possible your motivation to visit Brazil. Thus you can stay in the country in the best way, without any kind of problem.

It’s also important to check if your country of origin has any kind of diplomatic agreement with Brazil. Some foreign citizens may enjoy different stays in the country, depending on the specific functions they want to perform in Brazil.

	Travel purpose
	Visitor Visa up to 90 days – Tourism and transit. The visit visa will be issued to foreigners traveling to Brazil for staying up to 90 days without purposes of immigration nor the exercise of paid activity. Some examples are: Adoption, Artistic or sports activities, Business, Non-corporate events (conferences, seminars, congresses, etc.), volunteer services, health treatment, tourism and transit, vessel or aircraft crew, maritime workers, study, internship, academic research, scientific cooperation, academic extension, visiting professors, journalistic coverage, news reporting or filming, auditing or consultancy, Family Reunion (marriage, stable union or offspring);
	Adoption.
	Courtesy visa.
	Diplomatic and official visas.
	Doctors (medical training).
	Research, scientific cooperation, academic extension programmes and teaching (researchers, scientists, and visiting professors – no employment relationship).
	Health treatment.
	Humanitarian visa.
	Supervised academic internship.
	Study (primary/secondary education, undergraduate/postgraduate degrees, technical and language courses, research/study exchange programmes).
	Work Technical Assistance.
	Apprenticeship (professional training exchange programme), technical assistance, work, news correspondents.
	Sports activities.
	Vessel or aircraft crew members, maritime workers.
	Internship or study; Apprenticeship (professional training exchange programme), technical assistance, work, news correspondents.
	Working Holiday Visa issued to New Zealand, France, Australia or German citizens who wish to travel to Brazil to holiday, with work or study being a secondary intention.
	Religious activities.
	Temporary Visa for Volunteer services.
	Artistic activities.
	Investment.
	For immigrant administrator, manager or director with power of representation of legal entity: must invest R$600.000,00 – R$150.000,00 plus10 new jobs.
	For individual immigrant who invests in a legal entity in Brazil: must invest R$500.000,00 – R$150.000,00.
	Real estate investor – foreigner must invest R$700.000,00 (when buying in North and Northeast regions) to R$1.000.000,00 (other regions of the country).
	For activity of economic, scientific, technological or cultural relevance.
	Family reunion (on the grounds of offspring).
	Family reunion (on the grounds of marriage) – Married with a Brazilian national or married to a foreign national who is already the beneficiary of a residence permit in Brazil.
	Family reunion (on the grounds of stable union).
	Artists and sportspersons.
	Residence for nationals of countries that adhere to international agreements, such as the MERCOSUL Residence Agreement.
	Transfer of retirement income and/or death pension benefit or Digital Nomads.
	Medical improvement.

If you need legal assistance from our team, please message us on WhatsApp.

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Digital Nomad Visa in Brazil: rules, period of stay and how to apply!

Eduardo Koetz — Mon, 26 Sep 2022 21:31:33 +0000

Several people are looking for how to get a digital nomad visa in Brazil, the rules for this type of visa, and which countries have this option! After all, the possibilities of working worldwide are many, but the formalization of new working relationships is still new. Learn all about it in the text below.

If you need legal assistance from our team, please message us on WhatsApp.

What is the Digital Nomad Visa?

Accordingly to Brazilian law, the digital nomad visa is a temporary visa for those immigrants who, remotely and using information and communication technology, are able to carry out their work activities in Brazil for employers abroad. The definition is established as art. 1, §1, of Resolution Nº. 45 of 2021.

The text continues after the infographic.

Which are the rules for obtaining a Brazilian Digital Nomad visa?

The rules for obtaining a Brazilian visa for digital nomads are:

comply with the usual documentation for all temporary visas;
prove the employment relationship with a foreign employer, through an employment contract, for example. It’s good, but not mandatory, that this contract covers the entire period for granting the digital nomad visa, which is 1 year, according to art. 3, single paragraph, of Resolution 45/2021;
be able to carry out your work remotely for a foreign employer;
and proof of monthly income in the amount of US$1,500 or bank funds in the amount of US$18,000.

For this, the following documents are required:

Declaration by the applicant attesting to the ability to perform their professional activities remotely, through information and communication technologies;
Employment or service contract or other documents that prove the link with a foreign employer; and
Meaning proof of subsistence, from a foreign paying source, in an equal monthly amount or greater than US$ 1,500.00 (one thousand five hundred dollars) or availability of bank funds in the minimum amount of US$ 18,000.00 (eighteen thousand dollars).

How to get a Digital Nomad visa?

Firstly, to apply for a digital nomad visa, you must complete a visa application form through SCI/MRE, offered by the Ministry of Justice and Public Security.

Then, if the consulate or embassy has an electronic system, you must submit the documentation for the digital nomad visa to the e-consular for review. But if the consulate or embassy you are going to contact does not have an electronic system, you will need to check with them about how they perform the procedure. For example: sending an email, postal service, personal delivery, among others.

Especially, to be eligible for the digital nomad visa, you need to complete the requirements we mentioned above, according to Resolution Nº 45/2021, in addition to other requirements, that the concession evaluator may make.

Furthermore, the digital nomad residence permit can be made through MigranteWeb (in Portuguese). In addition, the foreigner may be called for a requirements analysis interview.

List of countries with a Digital Nomad visa

Brazil;
Germany;
Bulgaria;
Austria;
Portugal;
Croatia;
Costa Rica;
Arab Emirates;
Iceland;
Spain;
Czech Republic;
Estonia;
Antigua and Barbuda;
Barbados;
Bermuda;
Costa Rica;
Dubai;
Georgia;
Cayman Islands;
Mauritius;
Mexico;
Norway;
among others…

There are several countries that offer visas for digital nomads, as there is an increasingly deep interdependence and globalization between countries, imposing that the new work relationships are also in line with the current world. Thus, countries like the ones mentioned above already offer this visa in their domestic legislation!

How much does it cost to get this type of visa?

The digital nomad visa cost may vary, but the values are:

Amount of fees for the professional who will assist you: for example, a lawyer, with an amount varying according to the contracted firm;
Consular costs to be paid to the Brazilian Consulate/Embassy: the amount varies according to the consulate;
In the case of a residence permit (when the immigrant is already in Brazil) for a digital nomad: the fee of R$ 168.13 (updated on 07/2022).

Who can’t have a digital nomad visa in Brazil?

Can’t have the visa the foreigner who:

doesn’t have an employment contract with a foreign employer;
who can’t perform their function remotely;
who do not have sufficient funds or monthly amounts as required by the law.

In addition, it’s important for you to know that if you work for a Brazilian employer, you aren’t a digital nomad. That is, you can’t apply for this visa! In this case, you must seek one of the visas to work in Brazil.

The foreigner will also not be entitled to this visa if he is in another condition, for another Visa. An example: retired.

If you need legal assistance from our team, please message us on WhatsApp.

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Permanent Residence Visa for Foreigners in Brazil

Eduardo Koetz — Fri, 02 Sep 2022 10:30:12 +0000

The Permanent Residence Visa for Foreigners in Brazil can be obtained in a variety of situations. It can be originated from different types of visas, which may vary according to your specific case. It’s important to pay attention to the requirements and understand which type best suits your situation.

It’s also relevant to say that the term “permanent” is no longer being used in Brazilian Law. Now “indeterminate” is the correct term to refer to a permanent residency in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

How do you get permanent residency in Brazil?

To obtain permanent residency in Brazil, you need to follow a few standard steps (beware the exceptions, I’ll explain them further in this post):

Apply and get the right Visa for your case;
Travel to Brazil with your Visa;
Use the time your Visa authorizes;
Analyze the viability of getting temporary residency in Brazil and applying for it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires. If your visa is valid for 12 months or less, arrive in Brazil and start analyzing and organizing the documents;
Apply and get your temporary residency;
Analyze the viability of getting permanent residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your temporary authorization expires;
Extra step: after 4 years of living in Brazil with a permanent residence authorization, you might apply for naturalization (“citizenship”). But if you are married to a Brazilian, or have Brazilian offspring then the term to apply for naturalization falls to 1 year.

It requires patience and time, as it’s a lengthy, bureaucratic process and attention is needed when organizing documentation.

Equally important, we commented on the types of visas for foreigners in Brazil.

Retired or pensioner

The situation of the retiree and foreign pensioner have differences that need to be analyzed.

Although, if you are already retired or a foreign pensioner, you have already proven your income of 2,000 dollars net. The steps are almost the same that the standard one.

Start by applying for the retired or pensioner visa, which lasts up to 2 years. After that, follow the steps below:

Analyze the viability of getting temporary residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires;
Apply and get your temporary residency (2 years);
Renew your temporary residency. However, this renewal is not determined by law, whether it’s determined or indefinite.

Family Reunion

If you have a family reunion visa and the conditions for the person calling you, whether it’s your parents, offspring, spouse, or partner, will grant your residency permit.

For example, if you are married to a Brazilian citizen, you’ll be able to stay in the country as long as the marriage lasts – or if you meet the requirement for naturalization.

Another example is if you are married to someone who has a permanent residence Visa for foreigners in Brazil, you might have it too (as long as the relationship continues).

Text continues after infographic.

How to apply for Permanent Residence Visa for Foreigners in Brazil if you are an investor

As we mentioned before, investors might have a permanent residence Visa for foreigners in Brazil by different steps than the standard process. Since they are investing in Brazil, that means, contributing to the country’s growth, economics, and/or employment, and the additional steps they have to take are harder, they are benefited with easiness in other steps!

There are two main options to follow: Real Estate Investor or Entrepreneur. Let’s see how it works for those cases.

Permanent Residence Visa for Foreigners in Brazil: Real Estate Investor

For the Real Estate Investor to get a permanent residence visa for foreigners in Brazil, he must follow some steps.

So the process in this case is:

First, while still abroad, it’s necessary to apply for a visa. If granted, the permit will authorize you to receive up to 4 years of visa;
when already in Brazil, 6 to 12 months before the first authorization expires, the investor must analyze and start the application for temporary residency. This one will last 2 more years;
again, 6 to 12 months before the temporary authorization expires, start the process to apply for permanent residency, which will have a term of up to 4 years;
if you wish to, after 4 years you may apply for naturalization. But remember that this time may fall to 1 year if you meet additional requirements (see further in this article).

Permanent Residence Visa for Foreigners in Brazil: Entrepreneur

The entrepreneur who wants to get a permanent residence Visa for foreigners in Brazil also needs to go through other steps.

If he is abroad, he needs to apply for an investor visa (entrepreneur). It’s necessary to request the visa online, presenting the documentation requested.

The main difference here is that his prior residence permit, in this case, is permanent and not temporary.

Therefore, this is the quickest way to get a “permanent Visa”.

However, if the investor is already in Brazil, he must apply for a residence permit. The application must be done at the Ministry of Labour and if granted, it will be permanent (officially called “indefinite term”).

Who can apply for a Permanent Residence Visa?

Accordingly, foreigners who can apply are those who are already in Brazil. That is, on a regular situation with the visa up to date. For most people, it’s only possible to apply for a Permanent Residence Visa while in Brazil and not in your home country. However, there are exceptions for investors. In their case, it’s possible to ask for a specific type of residence authorization while still abroad.

But it’s important to have in mind that some visas have a short period of stay. As the process of applying for and obtaining residence authorization is around 4 to 8 months, visas with shorter periods of stay will not allow you to wait for the authorization.

For example, visit visas grant foreigners a period of stay from 30 to 90 days only.

If this is your situation, but you want to live more time in Brazil, contact a lawyer to help you find the best and safest strategy for your case.

Still, in most cases, it’s necessary to justify the reason for residency in Brazil. In other words, why you are interested in living in the country?

Although there are agreements that Brazil has with some countries that allow residence with non-justification. It is the case with countries from MERCOSUL and border countries.

How can I immigrate to Brazil?

Firstly, for you to immigrate to Brazil, you must apply and get a Brazilian visa. The visa must be requested before your arrival in Brazil. That means you must apply for the Brazilian Visa while still abroad – in your country of origin. So only in that situation, you can enter Brazil without any problems. However, if you are from a country that, by its relation with Brazil, grants a Brazilian visa waiver for its citizens, you might enter only with your ID.

Examples of these countries are the ones from MERCOSUL and Brazilian borders.

Thus, you need to pay attention to the period you are allowed to stay in Brazil. It’s important to know the exact expiry date of the visa so you do not stay in the country irregularly. Otherwise, a fine will be charged.

Once the visa is granted, you can take the steps we explained before to extend your stay in Brazil or even stay permanently.

Can you get Brazilian citizenship?

You can get Brazilian citizenship if you live in the country for, at least, 4 years under residence authorization for an indefinite term (permanent residency). But if you are married to a Brazilian citizen or have Brazilian offspring, then the 4 years fall for 1 year living in the country with permanent residency. Also, if you are from a Portuguese-speaking country, the time might fall to 1 year too.

In Brazil, citizenship for foreigners is called “naturalization”. Overall, Brazil has several types of naturalization, but the ordinary is the most common.

To apply for ordinary Brazilian naturalization you need:

civil capacity, according to Brazilian law;
live in the national territory, under residence authorization for an indefinite term, for a minimum period of 4 years. Also, this time falls for 1 year if you are married to a Brazilian or has Brazilian offspring;
ability to communicate in Portuguese, considering the conditions of the naturalization; and
no criminal conviction or proof of rehabilitation, under the terms of current legislation.

As mentioned before, the naturalization period is shortened to 1 year if you meet the following:

has a Brazilian-born or naturalized child, except for provisional naturalization; or
is married to a Brazilian spouse or partner and not be legally separated from him/her at the time the naturalization is granted;
has provided or be able to provide relevant service to the Country; or
be recommended for your professional, scientific or artistic capacity.

If you are from a Portuguese-speaking country, it’s also possible to have Brazilian naturalization in a shorter time if you prove:

residence in the country for an uninterrupted year; and
moral suitability.

Extraordinary Brazilian naturalization:

For Extraordinary Brazilian naturalization, it’s necessary to have settled in the national territory for more than fifteen years uninterruptedly and without a criminal conviction, or already rehabilitated in accordance with current legislation.

Special Brazilian naturalization:

To get the Special Brazilian naturalization it’s needed to:

being a spouse or partner, for more than 5 years, of a member of the Brazilian Foreign Service in activity or of a person in the service of the Brazilian State abroad; or
be or have been employed in a diplomatic mission or in a consular office in the country for more than 10 uninterrupted years.

Provisional Brazilian naturalization:

The Provisional Brazilian naturalization is granted to children or adolescents who have taken up residence in Brazil before reaching the age of 10. Therefore, it must be requested by a legal representative.

It’s important to point out that naturalization is not automatic, requiring a specific application and process for its granting.

How long do you have to live in Brazil to become a citizen?

In general, you must live in Brazil for at least 4 years to become a citizen (apply for naturalization). However, this time might be larger or shorter, depending on your situation. So the time of residence to apply for citizenship may be of:

4 years under residence authorization for an indefinite term;
1 year under residence authorization for an indefinite term if you are married to a Brazilian or have Brazilian offspring;
1 year under residence authorization for an indefinite term if your country of origin is a Portuguese-speaking one;
1 year if you have provided or be able to provide relevant service to the Country; or
1 year if you were recommended for your professional, scientific or artistic capacity;
15 years if you are living in Brazil uninterruptedly and without criminal conviction;
5 years being a spouse or partner of a member of the Brazilian Foreign Service in activity or of a person in the service of the Brazilian State abroad;
10 uninterrupted years being employed in a diplomatic mission or in a consular office in the country;
with no minimum time if you are a child or adolescent who took up residence in Brazil before the age of 10.

Once, it can vary from at least 1 year to 15 years. It’s necessary to analyze the specific case, to verify which type of naturalization best represents your situation.

How can a foreigner get a Brazilian passport?

A foreigner may be entitled to a Brazilian passport, as long as they are naturalized. That means, as long as they have Brazilian citizenship. However, there are exceptions, see below.

As a rule, the Brazilian passport is granted to every Brazilian, whether born or naturalized.

Furthermore, the foreigner may also have a Brazilian passport in the following cases:

In Brazil:

a stateless person or person of undefined nationality;
asylum seekers or refugees in the country provided that they are recognized under these conditions by the Brazilian government;
a national of a country that does not have representation in the national territory or is represented by another country, after consultation with the Ministry of Foreign Affairs;
foreigners who are demonstrably deprived of any identity or travel document, and who cannot prove their nationality;
foreigners legally registered in Brazil who need to leave the national territory and return to it, in cases where they do not have a travel document;

Abroad:

a stateless person or person of undefined nationality;
to the spouse, widower, or widow of a Brazilian who has lost his or her original nationality as a result of marriage;
foreigners legally registered in Brazil and who need to enter the national territory, in cases where they do not have a valid travel document, after consulting the Federal Police Department.

How to get a Permanent Residence Visa for foreigners in Brazil?

To summarize, you can get a Permanent Residence Visa for foreigners in Brazil through the standard process or through exceptions, according to your Visa. You must gather your documents, according to the type of Visa, and apply for it through the internet. After that, you must come to Brazil and follow the steps for your case. To apply, you can do it by yourself, but to be more secure, you can count on a lawyer who specialized in migrations.

If you need legal assistance from our team, please message us on WhatsApp.

The standard process requires that you:

Apply and get the right Visa for your case;
Travel to Brazil with your Visa;
Use the time your Visa authorizes;
Analyze the viability of getting temporary residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your visa expires;
Apply and get your temporary residency;
Analyze the viability of getting permanent residency in Brazil and apply for it (do it by yourself or with a lawyer) from 6 to 12 months before your temporary authorization expires;
Extra step: after 4 years of living in Brazil with a permanent residence authorization, you might apply for naturalization (“citizenship”). But if you are married to a Brazilian, or have Brazilian offspring then the term to apply for naturalization falls to 1 year.

The exceptions are:

Visit visas – these do not give you enough time to wait for the process of residency authorization. You must request you authorization as soon as you arrive in Brazil;
Digital Nomad visa – this one cannot be converter into permanent residence, because of its nature;
Investor Visa – this one is, in fact, a residency authorization from the first step;
Pensioner or retiree – you can get 2 years of visa, more 2 years of residence, and renew your residency authorization. However, the law does not specify if the renewal is temporary or permanent yet;
For foreigners who are from a country that grants Brazilian visa waivers, such as MERCOSUL or borders – in this case, you can enter Brazil without a visa and require your residency authorization.

If you need legal assistance from our team, please message us on WhatsApp.

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Refugee, immigrant and, political asylum: what are the differences

Fernanda Gomes — Sun, 20 Dec 2020 20:33:04 +0000

According to the United Nations, 2018 was the year that most received refugees in the history of the world. The number reached 70.8 million refugees to other countries. But do you know what that means?

After all, is there any difference between immigrants, refugees, and political asylum?

When we talk about immigrants, refugees, and political asylum seekers, there are doubts and questions about their differences. The concepts are misunderstood since all have some similarities, but still many variations.

All individuals in the three categories cannot or do not want to live in their home country, but the reasons why they move, seek asylum or refugee are entirely different. In this post, we will clarify the concepts of each as follows.

If you need legal assistance from our team, please message us on WhatsApp.

Political Asylum Seeker

Individuals who are being persecuted for political reasons in their home country fall into this category (as the name implies). In this case, for the asylum seeker to be received in another country, the individual must not have committed any crime or be awaiting trial related to it.

The critical point is that the country has the responsibility to decide whether or not to accept the request. In other words, the bond is direct with the country, so it’s up to the country to choose to accept or decline the application.

How does political asylum works in Brazil?

There are two types of political asylum applications: territorial and diplomatic. The first is a permit to the Brazilian government for the individual to be authorized to stay in the national territory. Thus, to request the person must already be within the Brazilian area.

The second type, the diplomatic asylum, only applies to the person who is in their home country. The appeal is made directly at the Embassy or Consulate. Thus, with the acceptance, the political asylum receives the allowance to “resides” there. Therefore the individual will be protected from persecution, but still in their home country.

Immigrants

An immigrant is an individual who voluntarily moves from their home country to another. The goal is to settle in another location for countless reasons, but one of the main ones is economical. Usually, the immigrant seeks a better quality of life elsewhere.

Immigration Process in Brazil

In Brazil, there are two types of immigrants: temporary and permanent. Thus, immigrants who wish to settle permanently should apply for a residence permit. The individual who will temporarily go to Brazil can apply for a temporary visa – Brazil has several types of visas. In this case, the person must choose which category best fits the application for permission.

Refugees – who are they?

Refugees are those who suffer persecution in another country, and it may be because of ethnicity, religion, nationality, social group, among others. Unlike political oppression, refugees cover other categories. It also fits that person who is in a situation of war or civil conflict in their home country.

There is an international regulation for refugees derived from the 1951 Geneva Convention. One of the rules and benefits of this convention is that a refugee cannot the expelled or returned from the country of refuge to their home country if there are still risks to their freedom or life. Thus, the decision is not solely up to the country – as it is with political asylums – the state must abide by the refugee in its territory.

How it the request in Brazil?

As we have seen, the asylum does not have to be in Brazilian territory to start the request. In the case of the refugee, this option does not exist. The refugee request is made when the individual is inside the country’s territory or at the border.

In Brazil, it is held at the Federal Police – and it may be requested too at another migratory authority on the country’s border. The first step is to complete the Refugee Application Term so the individual will be able to receive the provisional protocol. This protocol allows the applicant to have the same individual rights as the citizens of the country, being able to issue a work card, social security number, and access to Brazilian public services.

However, it is valid for one year and renewable until there is a final placement, confirming or refusing the refuge application. In the case of refusal of the request, the applicant may file an appeal with the Ministry of Justice.

Is humanitarian visa the same as a refuge?

The answer is no. The two visas are different and for different situations. The humanitarian visa is for those individuals who are victims of environmental or economic crisis. Brazil offered these visas to Haitians and Venezuelans through the Migration Law to receive a temporary permit or authorization to stay in Brazil.

If you need legal assistance from our team, please message us on WhatsApp.

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Tourist Vista to Europe: is it necessary for Brazilians?

Fernanda Gomes — Sun, 29 Nov 2020 19:43:27 +0000

Find out if a tourist visa is required for Europe and get ready to travel and visit several countries on the old continent.

Tourist visa for Europe: is it necessary?

Europe is a place of great history and cultural richness, attracting millions of Brazilians tourists every year. After all, taking a trip to the old continent allows you to know a lot of countries and capital in a short time.

Each country has its peculiarities and cultural differences that enrich the trip. For example, some have lush beaches, others have snowy mountains, even the language differs from country to country – it’s so much diversity!

For sure, those who will visit European countries will return with a wealth of knowledge and unparalleled experience. But do you know how to enter European countries? The type of visa and documentation required? The answer you find out below.

If you need legal assistance from our team, please message us on WhatsApp.

Brazilians need a visa to visit?

The answer is no. Brazilians who plan to travel to Europe and want to stay up to 90 days or 3 months do not need a prior tourist visa to travel to Europe. Exists a treaty called the Schengen Agreement or Schengen Area that allows the free movement of individuals (including Brazilians) in the countries included in the agreement.

Although there are countries that have not joined the treaty, such as the United Kingdom and Ireland, they do not require a prior visa for Brazilians to enter the countries. What changes is the time allowed to stay in the country, as we will discuss individually below. For both cases, the issuance of visa occurs at the time of immigration – just be prepared with all the documentation in hand.

What is the Schengen Area?

Currently, 26 European countries are participating in the Schengen Area, which allows the movement of people between member countries, i.e., more freedom of travel. The agreement was created in 1985 by the countries of the European Union (EU) and became part of the EU Law in 1990, in force until nowadays. However, one point is important: not all countries of the European Union are parties of the treaty, and not all countries in the Schengen Zone are members of the EU. A bit complex, but it helps a lot when traveling!

In short, what matters to Brazilians is that, upon landing in one of the Schengen Agreement countries, immigration officers use a stamp in the passport has a “visa” for free circulation by the countries that are members of the treaty. So if the tourist wants to travel from Lisbon (Portugal) to Barcelona (Spain), they do not need to go through immigration again.

Upon receiving the free circulation visa, the tourist has 3 months to travel within the countries of the agreement. Importantly, leaving the country after 3 months and returning is considered irregular. And if an agent notices that the tourist can be deported, banned from returning to Europe for a few years and even pay a fine – it depends on the policy of each country.

In short, the tourist can stay within Europe for 3 months within 180 days or 6 months. After 3 months, the tourist must return to their home country or leave Europe for another country and return after spending 6 months. However, it is not necessary to stay 3 months in the European countries; the tourist can leave and return whenever they want within this visa period – have to go through the immigration process again.

And the tourist visa to other countries?

As stated above, the United Kingdom and Ireland are not members of the treaty and as the same, do not need a prior visa to enter the country. Like the Schengen Area, the circulation permit in the country is granted when the tourist arrival in the country – passing through immigration. In these cases, it is also just a stamp in the passport.

The difference is that these countries have different policies for the length of stay on site. For example, in England, the maximum stay in the country is 6 months, while Ireland only allows 90 days. Whenever you are traveling, it is good to be informed about specifications for each country and to avoid any misinformation.

Required documents across Europe

Regardless of the place of travel, the documentation required to prove a tourist visa for Europe is the same. The five documents needed for travelers to the continent are:

Valid passport, i.e., it must be at least 6 months before the due date;
Travel insurance with a minimum of 30 thousand euros for medical and hospital expenses;
Proof of booking in a hotel, Airbnb or any other place that you are staying;
Financial evidence, such as credit card statements or cash;
Return flight;

The return ticket does not necessarily have to be to Brazil; it may be to another country that is not part of the Schengen Zone. So it is just necessary to show the immigration officer that you are leaving Europe. Their goal is to prevent illegal immigration to the continent.

New Electronic Visa – ETIAS

Aiming to speed up the process, the countries members of the Schengen Agreement will start from 2021 to implement a new electronic visa: the European Travel Information and Authorization System (ETIAS). Therefore, you will need to apply for travel authorization online before you travel.

The process will be similar to what Canada already applies to Brazilian tourists. The application will be from a website, facilitating airport controls – avoiding illegal immigration and terrorist attacks. The individual must complete the form with personal information and the reason for the trip. In this case, the data analyzed will be cross-checked with what the European Union already has in its databases, including international systems.

Also, the visa will have a fee of 7 euros per person and will be valid for 3 years. Visa approval will be given automatically if there is no amendment and will be sent by email.

If you need more information or have questions, please contact us and request a consultation!

If you need legal assistance from our team, please message us on WhatsApp.

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Visa to work at the United States

Fernanda Gomes — Sun, 29 Nov 2020 15:47:51 +0000

The H-1B and L-1 visas are the most sought after for those wishing to work as an employee in the United States.

What types of visas to work in the United States?

The United States is one of the first options for Brazilians who want to work outside Brazil. Many want to live the well-known American Way of Life in search of better payment, opportunities, and quality of life.

However, the country is known to be one of the strictest in terms of immigration rules – not that easy, but not impossible. First, you need to understand what type of visa is best for your needs. The most commonly used visas for working in the United States are H-1B and L-1.

If you need legal assistance from our team, please message us on WhatsApp.

What is the H-1B visa

The H-1B option is for those people who hold a highly specialized position. Thus, this case requires a higher level of education, i.e., at least a four-year degree or a differentiated professional certification – and of course: advanced English.

Also, the company must prove that the candidate is differentiated and that there is no local citizen with the same qualifications to fill the job. Thus, you need to apply to the US Department of Labor – through a process called Labor Certification (LCA) – an application to hire a foreigner.

In short, to get a visa, there must be: a sponsor, a job offer, a lack of skilled labor in the United States, and the salary must be the same as an American occupying the position. This visa is valid for 3 years, and it can be renewed for a further 3 years, totaling 6 years.

However, there is a quota for the issuance of H-1B visas of a maximum of 65,000,000 issued per year and an allowance of 20,000,000 for Masters applicants in the United States.

The H-1B Visa Process

It is a complex process, requires time and a lot of documentation. Usually, the US company is supported by lawyers – who specialize in the immigration process – as they are responsible for starting the LCA process. Thus, the candidate is responsible for collecting their documentation, for example, diploma, work references, translation, among others. A requirement is that all documentation must be translated into English through sworn documentation.

Process approval times can vary by the service center but may take 3-4 months. There is a premium option, in which the company pays an extra fee to streamline the process. Upon process approval, the applicant has to process his visa at the US embassy/consulate in Brazil.

Besides, family members – spouse and unmarried children under 21 – also receive the visa, but the H-4. The permit allows dependents to live and study legally in the country; however, they cannot work.

H-1B visa by a university degree

A good option for those looking to live in the United States is to go to college in the United States, being an undergraduate, master, MBA, or Ph.D. program. With an F-1 student visa, the person can work during or after the course through OPT (Optional Practical Training).

Applying for OPT, the individual can work in their area of knowledge with university endorsement for one year. The OPT allows you to gain experience in the field and be one step closer to the H-1B visa. What happens is that many companies like the work of the employee and end up sponsoring their permit to stay in the company.

What is the L-1 visa

The L-1 visa is intended for those Brazilians who work in a multinational and will be transferred to the United States. A requirement to apply is that the employee has worked for at least 1 consecutive year in the company for the past 3 years. The category also covers companies that do not have affiliate offices in the United States but intend to establish a new office in the United States through the expatriation of one of their executives.

The visa will give you the right to live in the United States legally, as well as your spouse and single children under 22 years of age. Thus, the family – as a dependent – also receives a visa, but type L2. In addition, L2 permission allows a spouse to work in any company in the US. However, children are not entitled to work in the country, only to study.

The L-1 Visa Process

Who applies for the visa, or rather, filed the petition is the American company. The first stage is in the United States with Immigration, and the second stage is in Brazil, at the consulate or embassy for visa application. You can only apply for L-1 after the entire process in the United States is complete.

This type of visa does not have an issue limit per year but has a high rejection rate by the US government – to avoid immigration to the country. The analysis time is relatively fast and can take from 1 to 4 months.

Further questions on how to proceed or what documents are required to complete the process can be remedied by consulting our website.

If you need legal assistance from our team, please message us on WhatsApp.

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United States Visa: understand the types

Fernanda Gomes — Sat, 28 Nov 2020 10:58:27 +0000

Travel to the United States is the dream of many people, whether to study, work, visit or live permanently. But, do you know what types of visas for the United States?

United States Visa: what are the types?

There are more than 20 visa types for the United States and this can raise questions when choosing which option to apply, so always be informed to avoid mistakes and rework.

In this post, we will address and clarify the doubts of the main types of visa that are: B1, B2, F1, J1, H, and L. Each has its function and should be requested according to its purpose. Importantly, the visa does not guarantee entry into the United States. At the time of immigration is that the officer will formalize your entry into the country or not.

If you need legal assistance from our team, please message us on WhatsApp.

American Visa B1 – Business & Academics

The B1 visa is intended for those who will go to the United States for business, for example, exhibition halls, meetings, international fairs, signing contracts, among others. However, it can also be used for individuals who will volunteer in partnership with a charity or religious institution.

It is important to always make it clear in immigration that you are visiting the United States for business reasons, otherwise the officer may understand that it is working. In this way, the officer can bar your entry to American soil, as the visa is another.

Depending on the case, the B1 visa can be used for academic purposes as well – event speakers are eligible for the B1 visa, as well as conference or seminar attendees, researchers. The important thing is not to receive any kind of compensation for such an act.

American Visa B2 – Tourism and Medical Treatment

One of the most common visa types for the United States is B2, as it is intended for people who want to visit the United States. Medical treatments are also included in the B2 visa.

When applying for a visa, in some cases there is the possibility to apply for a B1 and B2 visa together. It’s a great alternative for business and leisure travelers to the United States. Since you only apply for both types of visa once and pay only one fee.

It is important to arrange the visa in advance as the process requires planning. You must complete the form on the US government website, separate the required documentation – proving income and ties with Brazil – and schedule an appointment at the nearest consulate.

The visa is valid for 10 years, but it is only possible to stay up to 6 months on America after entering the country. So whenever you need you can return to the country within this validity.

American Visa F1 – Student

A student visa for the United States is for anyone who wants to study in the country, whether at a college, university, or other institution. Even language schools, elementary or high schools are included in this type of visa.

Those who have this visa are allowed to study and work, but with some restrictions: the job has to be focused on their area of study and the university has to approve in advance. Those who have an F-1 visa can apply for OPT (Optical Practical Training). In resume, it is a permission for students to work and gain experience and practice in their area of education. The OPT has a duration of 12 months and can be requested during or after the undergraduate, MBA, post or doctorate course.

American Visa J1 – Exchange

The J1 visa is for anyone who will participate in any cultural exchange or training program in the country for a short time – immigration is not allowed. Some eligible J1 visa programs are au pair, government visitor, doctor, summer business trip, training, teacher, among others. The length of stay of the visa depends on the type of program chosen.

Each type of program has its requirements, for example, in the case of exchange as au pair the requirements are:

The person must be between 18 and 26 years old,
Have a good level of English;
At least 200 hours of experience with children;
Hold a high school diploma;
Not have a criminal record;
Stay at least 12 months in the United States; and,
Be the first time as an au pair in the country.

American Visa H – Temporary Work

Type H visa is for temporary work, i.e., it is for the individual who is hired by an American company to work in the United States. The company has to claim and prove that it has not found any other suitable candidate for the position in the country during the hiring process.

American Visa L – Temporary Work Transferred

The L-type visa is for people who, for example, work in a multinational in Brazil, and will be transferred to the US headquarters – must be the same company. There are some requirements that need to be met, such as: The employee must hold a management or executive level position, have been with the company for over a year, and have a highly qualified and specific knowledge.

Any questions about the United States Visa?

The best way to identify which visa is right for your trip is by getting information or scheduling an appointment. In consulting we will understand your real needs and indicate the most appropriate visa, answer questions and assist in the documentation and interview process. Contact us!

If you need legal assistance from our team, please message us on WhatsApp.

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Canada Employment Agreement: how to proceed

Fernanda Gomes — Fri, 27 Nov 2020 13:59:20 +0000

Many want to get an employment agreement in Canada and start the visa process. But do you know how the visa process works?

How to work legally in Canada?

Canada is a country that attracts many Brazilians for its high quality of life, lush landscapes, and for being one of the countries that have incentive policies to attract immigrants to their lands. As a result, the lack of labor in Canada has provided many opportunities for those who want to live outside Brazil.

There are a few ways to immigrate to Canada – already covered in another post – in this case, we will focus on the employment agreements in Canada. There are two ways to work legally in the country: getting a job in Canada or being transferred by a company.

In short, the process is quite simple: just getting a Canada Employment Agreement with a local company. However, the whole process, from contract to relocation to the country requires a lot of bureaucracy and attention. It is, therefore, essential to be aware of this process before you begin.

If you need legal assistance from our team, please message us on WhatsApp.

Getting an Employment Agreement

In resume, it all starts with the hiring processes. These jobs offer often advertised on platforms such as Linkedin, Canadian vacancy sites, or nominations.

If, after the process, you are chosen and get the job by letter of invitation, you will be able to apply for a visa. In some cases, the Canadian company carries out the entire visa process. However, there are cases where the employer himself has to file the process – the company only offers the job.

I got an Employment Agreement – what now?

The Employment Agreement at hand allows you to initiate the Canadian work visa process. A crucial step – and before the visa process – is to analyze the contractual clauses. We have discussed the subject in another post, but it is worth remembering to read the terms of the contract carefully.

It is the employment agreement that will dictate all obligations and duties, fines, employment, deadlines, termination, salary, among other points. It is of paramount importance to review the contract so as not to have future problems with the contractor – and always be aware of local laws.

After reviewing the contract, it is time to start the visa process. Remember: the process can be performed by the company or the future employee – depending on the arrangement with the Canadian company. If you are the employee starting the visa, be aware that the company will need to do the LMIA with the Canadian government before you apply for the visa.

What is LMIA?

The Labor Market Impact Assesment (LMIA) is a process applied by the Canadian government in which Employment and Social Development (ESDC) checks the labor market. The ESDC is responsible for assessing whether the labor supply to a foreigner will not adversely affect the Canadian labor market. In other words, whether or not there are Canadians fit for that particular job – always seeking to protect their citizens.

If there is a need to apply for LMIA, the company will be required to provide a lot of information about the job, such as:

Disclose the job offer in large media for 4 weeks (minimum);
Inform the number of Canadians and permanent residents who applied for the job; and
Inform how many locals were interviewed.

Thereby, it needs to prove to the province that the company did not find a local candidate for the position. Thus, it is a complex process that demands costs for the company.

In some cases, there is a possibility that the company does not need to issue the LMIA. The government has a list of codes and work visas that do not need to file the process. Only the job offer is required to apply for the visa through the site. In this case, it is interesting to ask the opinion of the International Mobility Workers Unit to verify that the LMIA is exempt from this situation and to avoid any mismatch of information.

Once the company submits all documentation to the ESDC, the deadline for the LMIA answer is 10 to 16 weeks. Only after approved can the applicant apply for the work visa.

The Canadian Work Visa Process

Lastly, with the employment agreement reviewed and the LMIA issued, it is time to apply for a work visa – also known as a work permit. The visa is applied by the official Canadian website and requires a lot of documentation. Once all forms have been completed, and due documents have been submitted, the average time to get the visa process is 60 days. However, this time may vary considerably because of demand or other additional documents required by the government.

First of all, you need to fill out the form stating your goals in the country, why you chose Canada, your qualifications, and personal details. Secondly, you need to separate the documents listed below, translate to English with sworn translation and submit via the site.

Copy of ID;
Photo 3×5;
Copy of the last three proofs of income;
Bank statement;
Employment Agreement and LMIA;
Copy of valid passport – including the page with information and stamps.

In the work permit, there is the possibility of the government request more forms and documents, which can vary from case to case. Besides, there is also a fee of R$ 465.00 (depending on currency conversion on the day) to issue the visa that must be paid when you start the process.

Additionally, if you are married and have children under 22, you can start the process together as dependents and attach all required documentation to each family member. By the way, a work permit allows your spouse to get Open Work Permit, meaning you have permission to work full time for the duration of your visa.

Finally, to learn more about work permits, forms, and documentation, or Open Work Permit, please contact us and request advice.

If you need legal assistance from our team, please message us on WhatsApp.

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How immigrate to Canada legally

Fernanda Gomes — Sun, 22 Nov 2020 14:20:17 +0000

In the last years, the immigration of Brazilians to other countries has increased, for several reasons and, among them, a better quality of life. Immigrate to Canada became an excellent option for those who seek this goal.

Visa issuance

The visa issuance to Canada has increased by 88% since last year. There are many opportunities in the country, mainly because of the high demand for skilled labor and the need to import people to fill this gap. Thus, the local government has several programs to incentive immigration to Canada.

If you need legal assistance from our team, please message us on WhatsApp.

Why immigrate to Canada

There is a long list of reasons to immigrate to Canada as it has one of the best reputations in the world, and year after year is included in the top 10 of the best countries to live in among the United States and Scandinavian countries. Every year the country welcomes immigrants with open arms mostly because of the need for employees – many of them for positions that require people with higher education.

In addition to all the incentives for foreigns, the country has an excellent life quality – which attracts many Brazilians. The public transport is very efficient, education and health are among the best in the world, and inflation is just over 2% – having one of the most stable economies in the world.

The salaries in Canada are excellent and allow a good quality of life. Each province has its minimum wage policy and is consistent with the region reality. However, all consider that a minimum salary should provide quality of life for the citizen.

How to immigrate to Canada

There are over 60 different ways to immigrate to Canada legally. Also, because Canadian provinces are autonomous in immigration rules, in other words, they have their regulations, which can vary from region to region.

The government sets criteria and standards that must be met, for example, job offer per locality, language proficiency (English or French – or both), and financial proof – but it leaves open to the provinces to create their laws.

Below are the main categories:

Express Entry: this is the most common and fastest way to legally immigrate to Canada for skilled and qualified professionals – with a bachelor’s degree. Express Entry aims to attract foreigners to fill specific job offers that required experienced professionals in the Canada market. Prerequisites are fluency in the language – English or French, depending on the region – and bank statements showing the value in reais equivalent to 12,500 Canadian dollars in funds (savings or applications) in the name of the candidate.
Start-up Visa Program: this visa is for anyone who wants to start a business in Canada – creating new jobs – or joining an existing company in the country.
Quebec-Selected Skilled Workers: this process is unique for the Quebec province, and it’s for highly experienced professionals chosen by the government.

Specific Programs:

Self-Employed Program: it is for independent workers with proven experience. For example, artists and athletes.
Family Sponsorship: if you have a Canadian resident family or a family with citizenship, you can apply for Family Sponsorship. The person must prove that he has the income to support both legal and proper means.
Provincial Nominee: in this case, the Canadian provinces assign foreign workers to the local labor market according to their needs. Since each region has its laws, it’s just necessary to check each province’s website for opportunities.
Atlantic Immigration Pilot: this visa is for workers or students who already have a relation with the Atlantic Provinces of Canada, i.e., have a job offer in one of the locations. There are three modalities within this program: people who have graduated from the province, people who live there, and people who wish to move to one of the Atlantic Provinces.
Rural and Northern Immigration: is intended for people who want to move to the northernmost regions of Canada or smaller cities. The government has the purpose of economic growth in the area and provides all necessary support for immigrants to settle in and integrate into the regions.
Caregivers: this visa includes caregivers for the elderly, children, or people with special needs. Usually, only applications are accepted from people who have been resident in Canada for more than two years and want to regularize their resident process. However, there is still a modality that accepts international people.
Refugees and Asylum: it is exclusive to people who are forcibly leaving their country because of war or persecution.

What is the best option?

It is important to note that some processes are open year-round and receive applications periodically; others work in order of arrival – which means those who send first are more likely to have their process verified.

Each program has its peculiarities and requirements for immigrating to Canada, so it is best to get information about the process before and analyze which one best fits your profile. For instance, match your experience and skills with the requirements of the Canadian government. It is always an option to hire a consultant for an expert review of your profile and indicate the best option, as well as answer questions and assist with the visa and scoring process.

Migrate forever of retirement in Brazil?

The question above permeates the minds of immigrants: I will return to my country?

The answer will be seen over time, and it is not always the same as imagined. There is a large percentage of Brazilians who return to Brazil for various reasons, whether for financial reasons, for missing or lack of friends and relatives, as others.

Regardless of the reason, the possibility of returning exists, especially in the first three years. So it needs to be very careful not to rely on luck and end into future problems.

How is the Brazilian social security being in Canada?

Brazil and Canada have a Social Security Agreement for the protection of workers in both countries. However, by resorting to this type of agreement, the benefit drops dramatically and may be below the minimum salary in Brazil.

Therefore, we recommend that if you move to Canada, you still maintain the INSS for at least 12 months. The gatherings in Canada are entitled to benefits in the country only after completed a minimum grace period.

Besides, it is possible to place an order via digital to INSS and to request medical expertise in Canada due to the terms of the administrative cooperation agreement.

In addition, maintaining the INSS social security will allow you to redeem the value of the contribution if you wish to return to Brazil without wasting time for retirement in the country, as explained by the official Canadian website.

What if there is no possibility of returning to Brazil?

Well, if the Brazilian is determined not to return to Brazil, it will be necessary to contribute to Canada. If you use the agreement, you will need to consider the best option. In fact, the agreement provides that each country pays a proportional amount for the person’s benefit.

That is, regardless of whether it takes years or decades to retire, it will be necessary to claim “part” of retirement in Brazil. The agreement only provides reciprocal recognition by the government of the working periods.

Retirees or pensioners who will migrate will have an increase in income tax

It is essential to know that if the immigrant is a beneficiary of the Brazilian social security, either by the INSS or as a government worker, there will be an increase in the income tax. Living in Canada for those receiving benefits has a significant burden, just as if it was any other country.

In fact, since 2013, the federal revenue has retained 25% directly on the value for Brazilians retired who are living abroad.

If you need legal assistance from our team, please message us on WhatsApp.

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Visitor Visa to Canada: How to apply

Fernanda Gomes — Thu, 12 Nov 2020 10:48:11 +0000

Canada attracts thousands of tourists every year and has increasingly been a destination of choice for Brazilians for vacationing. Just as the country has stunning natural beauty, it also has a cosmopolitan life with many options for fun. Learn how to apply for the Visitor Visa in Canada.

Visitor Visa to Canada

There are two types of visitor visas to visit Canada: the first is eTA, an electronic travel permit, and the second is the traditional visitor visa. However, eTA is only valid for entry into the country by flight. Therefore, if you have to enter the country by land or sea, it is necessary to apply for the standard visa.

However, the two visitor visa processes to Canada do not guarantee entry into the country, i.e., even if you have eTA or visa acceptance, the last word is in the immigration. In other words, at the time of entering the country, the immigration officer will perform a final analysis of whether or not to accept your entry into the country.

If you need legal assistance from our team, please message us on WhatsApp.

eTA – Electronic Travel Authorization

Electronic Travel Authorization is a new process – available to Brazilians since 2017 – faster and cheaper than conventional visitor visa and with low rejection rate – less than 5% of requests are denied. The application is made directly on the site at the cost of 7.00 Canadian dollars and is non-refundable.

The requirements for applying for eTA are Brazilians who have a valid United States visa or have already had a Canadian visa in the last 10 years. Thus, anyone who fulfills one of the two requirements can apply for a direct visa through the site. However, each family member must file their case, and the payment is individual.

The process to request the eTA

The first step is to gather the required documentation, which is a valid passport – validity needed of at least 6 months – valid American visa or old Canadian visa, credit card, and email.

On the Government of Canada website, you must complete a form with your details and information. So keep your documents ready, as this form has a maximum time to answer. Once completed, you will be able to pay the fee – remember to print or save the receipt on time, it will not be available for viewing after you close the process.

Once the payment has been made, an email will be sent with the reply, usually taking a few minutes, but in some cases, it may take up to a week. Eventually, other documents may also be requested by the Canadian Government, according to each process.

Because it is an electronic visa, it is not necessary to print any document at the time of departure. The visa will be on the check-in system of the flight company and the immigration officer. Remembering that eTA is valid for 5 years or until your passport expires – whichever comes first.

TRV (Temporary Resident Visa)

TRV is eligible for those who do not meet ETA requirements or who will enter Canada by land or sea. Undeniably, it is a slower process and has a higher cost. The basic rate to apply is 100.00 Canadian dollars (around R$ 290.00) per person or 500.00 Canadian dollars (R$ 1,440.00) per family of 5 or more.

Unlike ETA, the visitor visa is valid for 10 years and is required to perform biometrics. Identification requires an additional cost of 85.00 Canadian dollars (R$ 250.00) per person or 170.00 Canadian dollars (R$ 500.00) per family.

The process to request the TRV

Like eTA, the first step is to gather the documents. The difference is that the document list for TRV is longer:

Proof of payment of the application fee;
Copy of passport – including page with personal data, photo number and, stamps;
Two 3×5 photos – the Canadian Government requests some standards, so be aware of what is requested on the site;
Financial proof;
Marriage certificate, if applicable;
Letter explaining the reasons for the trip.

These are the standard documents that the government requests; however, more documents can be requested according to each individual’s process.

On the site, there will also be forms to fill out. There is a basic form with data and personal information that is required to fill and others for those who will apply in family or couples in a stable union.

Once the fee has been paid, and the form has been completed, you must submit the application, which may be online or in-person at a Canadian Visa Application Center (CVAC). In Brazil, CVAC is represented by VFS Global, which has offices in Rio de Janeiro, Sao Paulo, Brasilia and Porto Alegre.

Online Process

First, you need to scan all documentation for the online process and create a single file to submit on the site (one file per family member).

At the time the visa is approved, an email will be sent with a request to submit your passport. It must be sent to VFS according to the instructions and proof of payment – the transmission fee is 27.93 Canadian dollars per person. However, there is also the possibility of personally delivering to one of the VFS offices.

Once the process is complete, you will be notified via email that your passport is ready, and you can pick it up from VSF or receive it at home – for a shipping fee.

CVAC Process

If you choose to submit documentation to CVAC, you will be charged a service fee of 34.91 Canadian dollars per person. The passport is already delivered in the same envelope as the documentation and is not required to be sent after the process. And the return is done in the same way as online: picking up on the office or receiving at home.

Remember that in both cases, it will be necessary to perform the biometrics process in one of the offices. Therefore, visa processing times may vary, depending on the submission and return of documents/passport, biometrics, and other documentation if required. In most cases, the entire process takes an average of 12 days.

Finally, it is important to emphasize that the tourist visa does not allow the individual to work or study in Canada. The only caveat is short courses – less than 6 months or 24 weeks – which is the maximum time to stay in the country with the visitor visa.

If you have any questions about the Canadian visitor visa process, please contact us and schedule a consultation to resolve questions and receive assistance during the application.

If you need legal assistance from our team, please message us on WhatsApp.

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The United States Tourist Visa: how to apply

Fernanda Gomes — Tue, 10 Nov 2020 15:45:05 +0000

If you are considering to go to the United States to visit, know what you need to apply for a US tourist visa.

The United States Tourism Visa for Brazilian

The United States is one of the most wanted destinations for Brazilians for sightseeing and vacations. Only in 2018, there were around 2.20 million of Brazilians, a growth of 15% compared to 2017. Brazil is in third place in the ranking of tourists who spend the most in the country.

However, to travel to Miami, New York, Las Vegas, California, and many other attractive destinations in the country, an American tourist visa, also known as a B2 visa, is required. In this post, we will approach the process of B1 and B2 (business and tourism), as discussed in the other post (LINK) – it is a smarter way to apply for the visa.

Like the entire visa process, planning is an essential step. Still, the procedure is far less complicated than it appears and easier compared to other types of visas.

If you need legal assistance from our team, please message us on WhatsApp.

How to get an American Tourist Visa

DS-160 Form

You must first complete the DS-160 form on the US government website. The form is completed in English, but it has translation – if necessary. Just hovering over the word it translates automatically in the site – this tool makes it much easier for those who don’t have a full understanding of the language.

The information must be filled in accurately as this is the form that will be used in the process. Any mistake or lack of information can result in a denied visa – so always be aware of what you are filling out.

To help fill the DS-160, you can save the steps and continue later. Just remember to write down the form identification number and the password used to login. So it allows you to return to the form to keep filling in the information.

The form consists of data such as passport, reasons for visiting the United States, date of travel, and so on. It is essential to have your passport in hand to complete the process.

Visa Fee

The value to apply for the US tourist visa is US$ 160.00 – for B2 or B1 and B2. In case this is the value for permits who don’t require petition, for other types of visas, the best thing to do is to check it directly on the government website. Payment is made by credit card or bank slip and must be made after completing the form. The appointment at the consulate can be scheduled after the payment – which usually takes around 2 business days to process – and the confirmation.

Schedule the US Consulate Interview

The interview must be scheduled via the website or call center. The appointment requires the ID number on Form DS-160, passport, and receipt of payment of the visa fee.

At the time of applying for a visa, you have to choose which CASV – Visa Applicant Service Center – or Consulate will conduct the interview, do the biometrics, and hand over the photo and passport. The waiting time for the meeting varies by location.

If biometric data and photo collection are performed at CASV, it will be necessary to attend the Consulate for the interview. In some cases, biometric data happens alongside the interview – such as in Porto Alegre. If this is the option, you will also need to take a 5×7 photograph – according to the US government standards.

On the day of the interview

The interview takes place at the consulate, and on the day, you will need to bring your passport – at least 6 months until the due date – and the barcode confirmation page of the DS-160 form. Those under 16 or over 65 are exempt from the interview but may be called upon if the consulate deems it necessary.

An important tip for the interview is to stay calm. The US officer will only confirm the information already contained on the form and will ask questions about the trip. Always respond truthfully and validate the data you previously entered.

If your trip is for business, it is interesting to bring a letter from the company stating the reason for your travel – it helps in the process. Other documents proving your relationship with Brazil, such as goods – cars or properties – and employment agreement, income tax return – to prove income – also helps in the process.

US tourist visa delivery

The US visa is a page inside the passport. Therefore it is necessary to deliver the passport to the consulate or CASV. The form of delivery should be chosen at the time of the appointment of the interview and can be picked up on the website or delivered by the carrier.

What is the validity of the visa?

The B1/B2 visa is valid for 10 years. If your Brazilian passport expires in the meantime, the US visa will still be valid. However, when traveling to the United States, you will need to bring both passports.

Does the visa guarantee entry to the US?

Even though all the processes, the US passport visa does not guarantee entry into the country. The final word is always from the immigration officer – but the rejection rate is very low with everything in hand. It is always valid to carry on hand: the return ticket to Brazil and the hotel information.

If you have any questions, you can schedule a consultation through our website, and we will assist in the process. We always recommend that you get a visa before buying the flight tickets or travel packages, as even if the chances are small, there is still a possibility that your permission will be denied.

If you need legal assistance from our team, please message us on WhatsApp.

The post The United States Tourist Visa: how to apply appeared first on Koetz International and Succession.

Employment Agreement: what should I know?

Fernanda Gomes — Tue, 27 Oct 2020 14:26:46 +0000

The globalization has provided new opportunities, borders are now even closer, and the demand for skilled people abroad opens the door to good employments agreements around the world.

Job opportunities abroad and ease of communication

The digital economy and the expansion of the media and facility to learn new languages, in addition to the internal problems in the Brazilian economy, culminated in the departure of Brazilians abroad.

It is no longer so unusual to find friends and close people leaving the country, regardless of social class. The possibilities are endless for those who want to work, especially in the area of information technology, engineering, healthcare, and others in other countries.

Just as Brazil is increasingly sought by foreigners to live, the flow of workers is increasingly intense worldwide.

One of the ways to leave the country is to find a job abroad, often requiring an employment agreement.

However, do you know what laws and clauses apply at this time? What are your rights?

If you need legal assistance from our team, please message us on WhatsApp.

It’s growing the number of Brazilians who decide to live abroad

In the past years, the number of Brazilians leaving the country has tripled. According to the latest data from the IRS, 22,400 Brazilians delivered the declaration of definitive departure from the country last year.

There is a significant increase in Brazilians leaving Brazil from 2014, which corresponds to the moment that the country experienced the first signs of economic recession. Therefore, these factors led Brazilians to look for new job offers, high salaries, and to seek a better quality of life and security in other countries.

The opportunities also had an increased

This departure from Brazil was only possible due to the numerous opportunities abroad arising from the lack of mainly specialized labor. As is the case, for example, in Canada and Japan, both are economies with low unemployment but deal with a lack of local labor – needing to import workers to meet the domestic demand for professionals. Many countries now have incentive policies to attract foreign employees, but this does not mean that it is easy to immigrate to these countries – all require long qualifications and bureaucratic processes.

The desire to change countries is not enough. It is necessary to plan! Moving to another country requires planning and caution, it is essential to know the local culture, language, and be up to date with any legal and financial backlog in Brazil.

Besides, it is of paramount importance to be aware of bureaucratic visa issues, and the employment agreement signed abroad – when required.

What about the visa process?

The visas types and how to apply for it, as well as the necessary documentation, depends on each country. Importantly, all countries have their peculiarities and rules.

It is always preferable to check all information before starting the visa process to begin correct, avoiding rework, and any irregularity in the migratory situation.

Even with their variations, one factor is particular: all processes require a large amount of documentation and proof.

If in doubt, consult a company that specializes in the process. They will assist in all the support needed to conduct the process efficiently and optimally.

Increased attention to employment agreements and local legislation

The employment agreement signed with another country requires attention. Because of the contracts are dictated according to the rules of local legislation. In other words, even if you are Brazilian will be subject to the country’s law where are you working – according to the employment agreement – which depends on the legislation of each place.

Thus, it is crucial to understand how the local labor law works to faced any drawbacks in the future. Always remember to research thoroughly, as each country has its laws and rules. While the worker is in the country, the stringent standards are the country’s labor laws and contractual clauses in the existing employment agreement – except for expatriate cases.

Expatriate, in this case, is the employee who will be sent by a Brazilian company to a foreign country. Where he will perform his duties at another headquarters, which may be a company of the same group or provide services to another company – often governed by international work contract.

The terms of employment agreements may vary according to local laws and the interests of the company. So stay tuned!

Carefully read all clauses, confirm all agreed information and terms proposed between the parties before signing the contract. Pay particular attention to the clauses of:

Obligations and duties;
Fines;
Compensation and salary;
Benefits and vacations;
Term and termination.

Pay attention to every detail

Another important point that should be considered is whether the chosen country has an agreement with Brazil on Social Security and which rules apply not to be discovered during this period.

The best way to avoid any contractual vulnerability or irregularities is to consult a law firm to follow up on every step of the process.

Any risk can be minimized with legal advice on contract terms. In addition, it may also help – if necessary – to consult the social security rules of the country where the employment agreement will be concluded, and the bureaucratic visa processes, as the case may be.

If you need legal assistance from our team, please message us on WhatsApp.

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Brazilian Visa for Foreigners

Fernanda Gomes — Mon, 16 Dec 2019 22:21:14 +0000

Brazil is increasingly showing itself in the international scenario, and this makes the interests of foreigners for the country also increase, either for business, tourism, or to live. Learn more about Brazilian visa for foreigners.

Brazilian visas for foreigners

There are still people who are unaware of Brazil’s territorial dimensions, which provide natural riches and glaring cultural differences within the same territory, but know that this is changing! There is a growing demand from foreigners wanting to know more about the Brazilain beaches, the Amazon rainforest, the carnival, among other striking and cultural characteristics of the country. Even start new projects and businesses where there are many opportunities in this vast country.

So it is interesting to know what visas types Brazil has today and how to visit and travel for business to this richness country in so many aspects.

If you need legal assistance from our team, please message us on WhatsApp.

The types of visa for foreigners

Consulates or diplomatic representations abroad issue the Brazilian permit. Like most visas, approval does not guarantee entry into the country. Thus, the official formalization will be performed at the time of immigration, which the officer will or will not let the individual enter the country.

Therefore, foreigners who want to enter the country should choose one of the visa types that most closely resemble their goals in the country:

Diplomatic Visa – is for foreigners who have diplomatic status and travel to Brazil on an official mission;
Official Visa – is used for foreign administrative officials traveling to Brazil on an official mission;
Courtesy Visa – for unofficial international personalities and authorities. In this case, dependents, spouses, and other family members who don’t benefit from a diplomatic visa;
Visit Visa – tourism, business, study, volunteer work, among other activities;
Temporary Visas – for research, health care, unpaid work, investors, among others.

Brazil still has a different visa for children under 18 and marriages. Besides, it has a different rule for citizens of the signatory countries of Mercosul residence Agreement (Argentina, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay).

Who needs a visa?

There is no right answer to this question as it depends. Brazil has a list of countries that require a visa, or not that can be found on the official Itamaraty website. Usually, if the Brazilian needs permission to enter a particular country, the probability of this other nationality also requires a visa to enter Brazil is high. The country tends to use a reciprocity policy on the subject.

Some countries have diplomatic agreements with Brazil and do not need a visa — it is always wise to check the government website to answer questions or to hire an online consultancy.

The Brazilian Visitor Visa

The visitor visa is for those who will only stay up to 90 days in the country for a maximum of 180 days per year. This request must be filed in the Brazilian Federal Policy and must be done before the visa expires. Otherwise, the foreigner must leave the country.

Also, the visitor visa is for those who do not have any immigration purposes, such as tourism and business meetings, or for paid work. Visa permission is valid for up to 5 years.

Visitor Visa Application Procedure

Firstly, the visa application is performed on the website of the Ministry of Foreign Affairs, where the individual will have to follow some steps. Documentation may vary by country, but in general rules the documents that the Brazilian government requests at the time of issue are as follows:

Valid passport — at least 6 months of validity;
Form fulfilled;
Application Delivery Receipt (RER) with protocol number;
Specific documents — such as return tickets for tourists;
Immunization certification — if applicable;
Photo according to ICAO standards.

After completing the form and uploading the photo through the site, another tab will open with the protocol number. You will need to print the RER and paste the same picture printed on the receipt in the corresponding field. Thus, the individual can start the process in the Brazilian consulate with the original documentation.

At the consulate, the officer will review the documentation, confirm the delivery of the request, and indicate the payment to be made. The fee can variate according to the visa type. It is non-refundable — regardless of whether or not a visa is granted. Application processing times vary by location and what type of visa, so the best way to do this is to find out the location on time.

Finally, if the individual wants to change their visa type already in Brazilian lands — this is possible. Brazil allows one kind of visa to be transformed into another but has to be requested before the expiry date.

Any Doubts?

If you are planning a business or tourism trip to Brazil and have questions about the different visa process in Brazil, schedule a consultation by clicking on the link. We clarify doubts and assist with visa application at all stages of the process and for all types of permissions.

If you need legal assistance from our team, please message us on WhatsApp.

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