The new provision enacted by the Minister of Justice and Public Security, Sérgio Moro, defines a dangerous person as anyone associated with terrorism, organized crime or armed groups, in addition to soccer fans with a violent background.
The new law also provides that authorities will be able to use several tools to consider a foreigner as being dangerous, including information provided by intelligence agencies.
Speculators believe that the new regulation is timely when Moro is under criticism following media reports on mobile phone application conversations that raised questions about potential judicial overreach when he was the judge conducting the “Car Wash” corruption investigation. However, Moro affirms that the new approach does not change the generosity of Brazilian law with immigrants and refugees, but only inhibits people who are suspects of involvement in serious and specific criminal conduct.
Foreigners affected by the new regulations will have to either file their defense or leave Brazil within 48 hours after they are notified of their imminent deportation.
With the introduction of the new Brazilian Migration Law (Law No. 13,445/17), the “Foreigners’ Statute”, Law No. 6,815/80 (enacted during the Brazilian military regime), was revoked, representing a very important advance in Brazilian immigration policy since the idea that the migrant is a threat to national security was abandoned with the adoption of a new humanitarian approach.
The principles and guidelines of the new Brazilian migration policy include: (i) the non-criminalization of migration; (ii) the repudiation and prevention of xenophobia, racism and all forms of discrimination; and (iii) equal and free access by migrants to social services, programs and benefits, public goods, education, integral public legal assistance, work, housing, banking services and social security.
Therefore, Ordinance No. 666 is very controversial since the new Brazilian Migration Law assures multiple guarantees to avoid arbitrary action against those trying to enter Brazil and those already living here.