BRASILIA, BRAZIL – The Federal Prosecutor for Citizen’s Rights advised the Minister of Justice, Sérgio Moro, to suspend and revoke the ordinance published late last month establishing rules to forbid foreigners who are considered “dangerous” from entering Brazil.
According to the Federal Prosecutor’s Office (MPF), the Ministry of Justice’s ordinance includes “integral and blatant illegality and inconsistency with international human rights treaties signed by the Brazilian Government”. Moro will have five days to inform the MPF as to whether or not he will comply with the recommendation.
The Federal Prosecutor General initiated an investigation into the legality of Ordinance No. 666 on July 31st, one week after its publication. The Federal Public Defender’s Office also spoke out against Moro’s ordinance.
According to the Ministry of Justice, the ordinance aims to regulate the extraordinary deportation of people who are considered dangerous and who are suspected of having committed crimes such as terrorism, drug, and arms trafficking and sexual exploitation of children and adolescents.
Such cases could be classified through intelligence information from Brazilian or foreign authorities or through ongoing criminal investigations. Deportation could be carried out within 48 hours.
However, the Federal Prosecutor’s Office (MPF) has considered that the rule violates aspects of Brazilian legislation and international treaties to which Brazil is a signatory, such as the Geneva Convention.
According to the prosecutors who signed the recommendation sent to Sérgio Moro, the wording of this new rule, “in addition to overstepping its regulatory authority, violates the fundamental guarantees of full defense and is self-contradictory by stipulating very short deadlines for defense counsel and for appealing the decisions.”
As the purpose of the ordinance is solely to regulate the Migration Law, the prosecutors state that it “violates the democratic system and disrespects the [constitutional] separation of powers.”
The MPF’s view is that current legislation already describes what may or may not warrant the expulsion and deportation of foreigners. As a result, the prosecutors assess that Moro’s ordinance could not link potential crimes to the expulsion of immigrants.