The new provision published by the Minister of Justice and Public Security, Sérgio Moro, defines a dangerous person as anyone associated with terrorism, organized crime or armed groups, as well as football fans with a history of violence.
The new law also states that authorities will be able to use various tools to determine whether a foreigner is dangerous, including information from intelligence agencies.
Speculators believe the new regulation was timely, as Moro faces criticism following media reports about conversations on mobile phone apps that raised questions about potential judicial reach when he was the judge leading the Lava Jato corruption investigation. However, Moro maintains that the new approach does not alter Brazilian law's generosity toward immigrants and refugees, but only deters people suspected of engaging in serious and specific criminal conduct.
Foreigners affected by the new regulation will have to present their defense or leave Brazil within 48 hours after being notified of their imminent deportation.
With the introduction of the new Brazilian Migration Law (nº 13.445/17), the “Foreigner Statute”, law nº 6.815/80 (enacted during the Brazilian military regime), was revoked, representing a very important advance in Brazilian immigration policy since the idea that the migrant is a threat to national security was abandoned with the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) free and equal access for migrants to social services, programs and benefits, public goods, education, comprehensive public legal assistance, work, housing, banking services and social security.
Therefore, Ordinance No. 666 is very controversial, since the new Brazilian migration law guarantees multiple safeguards to prevent arbitrary actions against those trying to enter Brazil and those already living here.
