Administrative Appeal to Overstay (Irregularity) Fines
Illegal stay is an offense that may be committed by an immigrant. It is foreseen in art. 109, II of the law and has, precisely, a punitive fine.
Objectively, the fine is the administrative penalty provided for by law for the offense of remaining in Brazilian territory without being regular, that is, without a visa, without a residence permit, among others.
Due to the current situation imposed by the Covid-19 pandemic and the difficulties faced by migrants in returning to their country of origin, countless foreigners found themselves “trapped” in Brazil against their will. Upon finally finding ways to leave Brazil, these foreigners are being surprised with the irregular time performance. It is possible to appeal to this action, but remember: upon being notified of your fine, you will have 10 calendar days to file the appeal. After this period, there will be no option but to pay the fine.
If you have become irregular due to Covid-19 and have been acted upon, contact us.
Common questions
How much is the fine for irregularity?
For each irregular day in Brazil, a fine of R$100.00 is applied, and this amount can reach upwards of R$10,000.00. That is, if the immigrant spends more than 100 days illegally on Brazilian territory, the maximum amount charged will invariably be R$10,000.00.
Is it possible to question the amount of the fine for irregularity?
Yes, it is possible to question the amount applied! The questioning of the fine must be done in the form of an appeal and the procedure begins when the infraction notice is drawn up (art. 309 of the decree 9,199/2017) and the immigrant is notified about the imposition of the fine. This notification initiates an administrative process and because it is an outlined process, all immigrants have the guarantees of the adversary system and full defense, provided by the Brazilian constitution.
How do I know if I have a fine for irregularity?
There are two ways to find out if a migrant has been fined:
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When leaving Brazil and passing through the migration sector, the stay for an irregular period is noticed by the Federal Police agent and a fine is issued in the form of a bank slip. Attention: after issuing the fine, the appeal must be presented within 10 days!
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Going to the Federal Police station and checking your immigration status. We remind you that being regular is essential for the full exercise of migrant rights. To regularize the migratory situation as well as issue documents such as RNM (former RNE), it is necessary to verify whether a fine exists.
