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4th Edition

law

obtain
Visas
for Brazil

Sponsor:

American Chamber of Commerce for Brazil - AMCHAM


International Affairs Department
Brazil, 2013/2014

ACKNOWLEDGMENTS

Operating since 1982 in the security and surveillance segment, GRABER has been expanding its
ATENE Legal Consulting has more than 20 years of experience helping and advising
participation in the sectors of surveillance, personal security, specialized services, electronic
Brazilian and multinational companies, businessmen and private individuals with
security projects, and cargo and vehicle tracking. The company is a pioneer in the provision of
immigration-related problems. As Brazil has emerged as an increasingly important and
integrated security services in Brazil and the first Latin American company to be granted the ISO
globally
integratedNow
economy,
so ISO
the 14001
efficient,
movement
of investors,
executives
9001
Certification.
holds the
andrapid
OHSAS
18001, minimizing
environmental
and
technical
specialists
have
grown
to
assume
strategic
importance.
ATENE
has been
impact and meeting all the legal requirements of quality, health, workplace safety
and
an
active
partner
of
the
American
Chamber
of
Commerce
for
over
15
years,
helping
environment. It was also the first to introduce the e-learning concept, to offer a 24-hour assistance
companies
maximize and
efficiency
minimize
direct and
indirect
costs and
benefiting
service
for expatriates,
to createand
a Corporate
University
to train
and provide
specialization
from
the
supports
structure
available
for
its
members.
Atene
has
been
participating
at
courses for its over 15,000 employees. We have been partnering with AMCHAM since the
How To Series
since To
theSeries
first edition,
importance
beginning
of the How
becausedemonstrating
we believe, notthe
onlypublications
in this project,
but also in and
the
prestige
as
well
as
the
appreciation
with
Amchams
partnership.
professionalism with which the information is provided to international companies. Being able to
contribute in such a simple and objective way is a great pleasure to our company.

Ziara Abud - CEO, Atene Assessoria Tcnica

LAW

Notes:
Gender - As a grammatical simplification, the visa applicant is referred
to throughout this booklet as masculine. Readers should be aware that all
requirements apply equally to applicants of both sexes.
Companies - The term Brazilian company means one established in
Brazil under Brazilian law. It does not refer to the origin of the companys
capital. The wholly-owned Brazilian subsidiary of, say, an American
multinational is classed as a Brazilian company for legal purposes.

CONTENT

01 OVERVIEW AND TYPES OF VISA

06

02 THE TRANSIT VISA

07

03 THE TOURIST VISA

08

04 TEMPORARY VISAS FOR BUSINESS AND WORK

13

05 TEMPORARY BUSINESS VISA BUSINESS TRIP, FAIRS AND

CONGRESSES

14

06 THE TEMPORARY WORK VISA

16

07 OTHER TYPES OF TEMPORARY RESIDENCE VISA

22

08 THE PERMANENT RESIDENCE VISA

24

09 THE FOREIGN SENIOR MANAGER

27

10 THE FOREIGN INVESTOR

29

11 ADDITIONAL INFORMATION FOR SENIOR MANAGERS AND

INVESTORS

31

12 OTHER RESIDENCE VISA SITUATIONS

32

13 ADDITIONAL INFORMATION ALL RESIDENCE VISAS

37

14 ON ARRIVAL IN BRAZIL

41

15 APPENDIX A - DO YOU NEED A VISA BEFORE TRAVELLING TO BRAZIL? 44


16 APPENDIX B - BRAZILIAN CONSULATES

47

17 ABOUT OUR SPONSOR

50

01.
OVERVIEW AND TYPES OF VISA
KNOWING THE PROCEDURES WILL HELP
YOUR VISA APPLICATION

Where to start: The first step, before even thinking of


packing your suitcases, is to find out from the nearest
Brazilian Consulate which documents are necessary for

Once you have decided to visit Brazil for pleasure or

your authorized entry into Brazil.

a business trip, or seek to extend an existing visa to


remain longer in the country, you may face a certain

Tourist and transit visas are normally easy to obtain.

amount of bureaucracy. However, procedures are fairly

However, temporary and permanent residence visas require

straightforward if steps are taken in the right order and at

an extensive list of documents. It is always wise to have

the correct time.

a professional specialized in such matters to accompany


these administrative proceedings, given the bureaucracy

Documentation required to obtain a visa can vary from

involved and the constant changes in legislation.

the simple presentation of a passport on arrival in Brazil


for tourists of certain countries, to notarized documents

Types of visa - Brazil issues seven principal types of visa: Transit;

such as an educational record, certificate of good

Tourist; Temporary; Permanent; Courtesy; Official; Diplomatic.

standing, etc. for foreigners who wish to reside and/or


work in Brazil.

This publication covers procedures for obtaining the first


four types of visas, which are the most commonly used by

It should be noted that this publication is based on legislation

the majority of travelers and businessmen.

06

LAW

and procedures in effect in January 2013, and is therefore


subject to changes that may have been implemented

Courtesy, official and diplomatic visas are not dealt within

subsequently by the Brazilian Government.

this publication.

02.
THE TRANSIT VISA
This is granted to foreigners who, during their journey to a

When a trip to a third country is interrupted in Brazil for

third country, need to pass through Brazilian territory. This

reasons beyond the control of the traveler, the transport

situation typically occurs in flight connections where the

company must communicate this fact to the Federal

passenger has to change planes at separate airports to proceed

Police. They will authorize the foreigners stay for the

on his trip, or in journeys that involve different modes of

period strictly necessary to proceed with the trip. Expenses

transport. Obtaining this type of visa is usually very simple

during the stay are transport company responsability.

basically a case of going to the nearest Brazilian Consulate

07 HOW TO OBTAIN VISAS FOR BRAZIL

and presenting your passport and connection flight ticket.

03.
THE TOURIST VISA
GENERAL

countries whose citizens need or need not to apply for a


tourist visa before travelling. However, since the rules are

The tourist visa is granted to people who wish to enter

subject to change, it is advisable to check with a Brazilian

Brazil temporarily for tourism, to visit friends or relatives,

Consulate before travelling. Note that the determining

to participate without payment in an amateur sports

factor is the nationality of the applicant, as determined by

competition or artistic event. The trip cannot be for the

his passport, and not the place from which he is applying.

purpose of immigration, neither may the holder of such a visa


work in Brazil, make business contacts or receive any form

The difference in treatment arises because Brazil

of remuneration. A person travelling to Brazil to conduct

practices a policy of reciprocity with respect to tourist

business, make a paid speech at a professional congress or

visas it requires the prior issuance of a visa for citizens

supply professional services, for example giving technical

of all countries that impose the same requirement on

advice, should apply for a temporary visa for this specific

Brazilian citizens. Prior issuance means issuance in the

purpose, rather than abuse the tourist visa status.

travelers country of residence, before embarking for


Brazil. Airlines carrying a person who requires a visa will

Almost all foreign tourists visiting Brazil need a valid

normally examine the travelers passport before clearing

passport to enter the country. The passport should have at

him to board a Brazil-bound flight.

least six months remaining duration and at least one blank


page when presented to Brazilian immigration on arrival.

It is important to stress that it is not unknown for foreign


travelers to be barred on arrival at Brazilian airports if they

The majority of people citizens of approximately two

lack the necessary visa.

08

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thirds of all countries must apply for a visa BEFORE


travelling to Brazil as tourists, and will have refused entry if

All tourists admitted to Brazil, whether or not they were

they arrive without one. Others may travel to Brazil without

required to obtain a visa before travelling, will receive a

a visa. The list is shown on this booklet and indicates those

permission to stay stamp at the airport (or other port) of

entry. This grants permission to stay for a specific length

Citizens of some countries with which Brazil

of time, in most cases 90 days. There is no charge for this

does not maintain formal diplomatic relations, and

permission to stay stamp.

whose national passport is therefore not recognized.


Such people can apply for a laissez-passer travel

Travelers should also note that Brazil requires tourists to

document. Requirements are broadly similar to

hold a passport that has at least six months remaining

those for people who must apply for a visa before

validity, counted from the date of arrival in Brazil.

travelling to Brazil. This will be stamped with


permission to stay on arrival in Brazil.

Finally, travelers should be aware that the visa issued at


a Brazilian Consulate is not an absolute guarantee of
entry. Immigration officials may still ask any incoming

OBTAINING A TOURIST VISA BEFORE


TRAVELLING

tourist to show his return ticket, hotel reservation (or


other accommodation arrangement) and means of support

Those tourists who are required to apply for a visa

(cash, credit card, travelers checks and/or other financial

before travelling must present their passport at a

instruments), and may refuse entry to a person who is

Brazilian Consulate.

unable to do so. It is thus advisable to carry all such items


and documents in hand luggage.

In some cases Brazilian Consulates require the visa


applicant to appear in person, while others allow

SPECIAL CASES

applicants to mail in their passport and visa application

Two groups of people are exceptions to the general rules

person, for example a family member, friend or travel

outlined above:

agent. However, various consulates impose restrictions


on the way in which they will receive passports and

Citizens of neighboring countries Argentina,

forms. Given the different rules, it is best to check with

Uruguay,

the consulate in question beforehand.

Paraguay,

Chile,

Peru,

Ecuador,

Colombia, Venezuela and Bolivia can enter as


tourists simply by showing their national ID card.

In most countries there is just one Brazilian Consulate,

They receive an entry-and-exit card at the border

normally located in the same building as the Brazilian

stamped with their permitted duration of stay,

Embassy, but in some countries there are various

which will be for up to 90 days;

consulates. For example, there are nine in the United

09 HOW TO OBTAIN VISAS FOR BRAZIL

forms, or have them hand-delivered by an authorized

States, and four in Canada. These divide their respective

Passport, valid for at least six months from the

countries into regions of jurisdiction the New York

planned date of arrival in Brazil;

consulate, for example, deals with the states of Delaware,


New Jersey, New York and Pennsylvania, plus the Bermuda

Visa application form, completed on both sides

Islands. Normally, Brazilian Consulates will accept tourist

and signed, filled out electronically at https://scedv.

visa applications from people living in any part of their

serpro.gov.br;

respective countries when the person concerned comes in


personally, but will accept applications sent in only from

One recent 2x2 passport-photo, front view,

persons resident within their respective areas of jurisdiction,

white background;

not from other parts of the country. Check with the nearest
consulate for local requirements and areas of jurisdiction.

A copy of your round-trip ticket or a booked


itinerary showing travel to and from Brazil

Visa application forms can be obtained at https://scedv.

(confirming the purchase of the ticket, with

serpro.gov.br.

passengers name, itinerary, flight number and


arrival/departure dates); and

Fees for issuing a tourist visa may range from very little
to USD100 or more. The amount depends on reciprocity

Such other information as the passport office may

agreements and varies according to where the application

deem necessary.

is made. There may also be additional handling fees,


depending on how the passport is delivered to the

Foreigners who are permanent residents outside of

consulate. Finally, consulates establish their own rules

their home country will normally be able to apply for a

regarding payment methods. Most Consulates require that

Brazilian tourist visa in their country of residence. This

the passport has at least two blank pages.

is possible in the United States, for example, where the

10

LAW

applicant must, in addition to the above-listed items, sent


Brazilian Consulates may vary in the documents they ask

in a copy of his US Alien Resident Card and/or a valid visa

a prospective tourist to produce, in addition to passport

or document to return from Brazil to the United States or

and completed application form. It is thus always

to another country.

advisable to consult the consulate where the application


will be made. As a guide, the Brazilian Consulate in

Different consulates quote different turn-round times on

New York asks for:

tourist visa applications, and of course it can also vary with

seasonal work-loads. Some quote next-day service, others


specify two weeks or more. Check with the consulate to
which you are applying.

Note that the visa, once issued, must be used for the
first time within 90 days, if the applicants country of
nationality renders the same treatment to Brazilian
Nationals (reciprocity), even though the stamp on the
passport might say the validity is five years. If not so used,
the visa expires. In other words, the tourist must arrive
in Brazil not more than 90 days after receiving his visa.
This means that while the tourist planning to visit Brazil
must apply in advance for his visa, he cannot anticipate
the application too much or else he runs the risk of having
the visa expire before he travels.

which time the traveler will be held in a Federal Police


waiting area. Weekends and public holidays are liable
to complicate matters significantly.
The bottom line on conditional disembarkation is that
it is not a right and it is within the discretionary powers of
immigration officials to insist on compulsory departure
on the next available flight, irrespective of destination.
Therefore, travelers are strongly advised to take the
proper precautions beforehand.

FAMILY

irregularity, might sometimes be able to arrange for


emergency entry at the airport. However, this is not
guaranteed. The emergency entry procedure, known as
conditional disembarkation, requires the travelers
consulate in Brazil to contact the Brazilian Ministry of
External Relations in Braslia and request assistance,
The

ministry

may or may not look kindly on the request, there is


no prerogative. If the plea is accepted, the Ministry

members. All members of a family must apply for their


own visas. However, one member of the family can
deliver the visa applications for the whole family.
Minors The same general regulations and eligibilities
apply as for tourist visas for adults. However, the visa
application form must be signed by both parents, and
the application must be accompanied by the birth
certificate of the minor original document, which will
be returned, plus a photocopy. If the minor will travel
to Brazil without either parent, the visa application form
must be accompanied by a notarized letter of consent

11 HOW TO OBTAIN VISAS FOR BRAZIL

days previously, or with some other minor technical

circumstance.

the best of times this will take 10 to 12 hours, during

Tourist visas are individual and cannot include family

Travelers arriving with a visa issued more than 90

extenuating

Justice which in turn instructs the Federal Police at


the airport to grant conditional disembarkation. At

USING A TOURIST VISA FOR THE FIRST


TIME

pleading

of External Relations then speaks to the Ministry of

signed by both parents. If the minor will travel with just

be reduced at the discretion of Federal Police immigration

one parent, then the visa application must be accompanied

officials. Also, an extension is permitted only once every 12

by a notarized letter of consent from the parent who will

months, counting from the first entry. Therefore, providing

not travel with him.

all other conditions are complied with, it is theoretically

VALIDITY

possible to spend almost six months of each 12 consecutive


months in Brazil as a tourist.

Tourist visas may be issued for up to five years, with

The traveler who overstays his permitted time in Brazil

multiple re-entries, for citizens from countries offering

without renewing his visa is liable to a daily fine, plus an

similar or longer periods to Brazilian citizens. However,

order to leave within eight days, coupled with the threat of

this refers to the validity of the visa stamp on the passport

deportation should he disobey such an order.

and not to the length of any permitted stay in Brazil.


When the tourist arrives at the airport or other point of

Visa extension can be handled at any Federal Police office,

entry he will normally receive permission to stay for up

it is not necessary to return to the airport or other port of

to 90 days.

entry where the original entry stamp was given. There


are Federal Police offices in all Brazilian state capitals

Extending the visit Tourist visas can normally be

and several major cities throughout the country. A full list

extended once for an additional period of up to 90

of offices is available on the Federal Police internet site:

days without leaving the country. To extend the length

http://www.dpf.gov.br.

of stay the tourist must apply to the Federal Police


before the initial period expires. The tourist seeking

The tourist requesting visa extension must do so by using

an extension of stay must hold a valid return ticket and

a form which can be obtained from a Federal Police office

demonstrate means of support for the subsequent 90

or downloaded from the Federal Police site at the following

days. When the total 180 days are up he must leave the

address: http://www.dpf.gov.br/servicos/estrangeiro/

country and may not re-enter as a tourist for at least

prorrogacao-de-prazo-de-estada-de-turista-e-viajante-

another six months.

a-negocios-temporario-ii-1/prorrogacao-de-prazo-de-

12

LAW

estada-de-turista-e-viajante-a-negocios-temporarioIt is important to note that while 90 days is the normal

ii/?searchterm=prorrogao visto. He must also pay a

period granted, the initial and/or extension periods may

renewal fee.

04.
THE TEMPORARY VISAS FOR BUSINESS AND WORK
GENERAL

DIFFERENCE BETWEEN WORK AND


BUSINESS

Brazil provides various kinds of temporary visas for


businessmen, executives, company owners, technicians

Brazilian authorities have in recent years applied a much

and other professional people travelling as part of their

stricter distinction between a short-term business visit

work. Most frequently, the option will be one of two

and a short-term working visit. This is in part a reaction to

major categories:

increasing globalization and the practice of multinational


companies of sending staff from one country to another to

The 90-day temporary business visa; or

work on specific projects, install equipment or software,


resolve specific problems, train local staff, etc.

The temporary work visa (technically, a temporary


residence visa) which can be for up to two years.

Brazilian legislation does not define exactly what shall be

Some businessmen do in fact travel to and enter Brazil on

the traveler needs a business or work visa. Therefore, this

tourist visas, and while frequently this may go unnoticed,

section reflects the recent practices of Brazilian Federal

they are always running the risk that their visa status may be

Police and Brazilian Consulates. If in doubt, the prospective

questioned. A businessman entering Brazil with a wrongly-

traveler should contact his nearest Brazilian Consulate and

declared tourist visa risks being refused entry and required

explain the nature and purpose of his visit. Consular staff

to fly home on the next plane.

will be able to advise on the right type of visa to apply for.

13 HOW TO OBTAIN VISAS FOR BRAZIL

classified as business for the purposes of deciding whether

05.
THE TEMPORARY BUSINESS VISA BUSINESS
TRIPS, FAIRS AND CONGRESSES
GENERAL

i.e., normal practice is a multiple re-entry visa valid for


up to five years, with individual visits limited to 90 days

The temporary business visa is appropriate for the

occasionally less, but never more with one extension

following purposes:

of stay allowed. As with the tourist visa, in no 12-month


period may a business traveler spend more than a total

Making business contacts, holding interviews, demonstrating


samples, negotiating sales and deals, etc; Evaluating markets;
Making preparatory contacts that may lead to establishing
a company in Brazil; Attending fairs, congresses, etc;

of 180 days in Brazil.

OBTAINING A TEMPORARY BUSINESS


VISA

Attending or speaking at congresses, seminars, etc; and


Equivalent activities.

Not all nationalities are required to obtain a temporary


business visa before travelling to Brazil. As with tourist

At no time may the temporary business visitor receive

visas, the position is essentially one of bilateral reciprocity.

remuneration in Brazil.

Those countries whose citizens are required to apply for


and obtain temporary business visas BEFORE travelling to

The validity of a temporary business visa varies

Brazil are listed on this booklet.

14

LAW

according to the nationality of the traveler. As a


general rule Brazil applies the principle of reciprocity,

Other travelers those who are not required to

granting such visas for the same length as time as

seek prior issue of a temporary business visa can

would be granted to Brazilian businessmen travelling

enter Brazil by showing a valid passport and noting

in the opposite direction under the same circumstances.

business on the Brazilian immigration landing card,

Conditions are essentially the same as for tourist visas,

which is normally handed out during international

flights to the country. Their passport will then be

EXTENSION

stamped with a permission to stay by the Brazilian


immigration official at their airport of entry, provided

The period of stay of a temporary business visa can

of course that all other conditions are met, for example

normally be extended once, for the same period as

with regard to proof of means of support during the

it was initially granted. An extension request should

visit, hotel reservations and possession of a valid

be made in Brazil to the Ministry of Justice through

return ticket.

the Federal Police before the original visa expires.


Extension of the business visa can be handled at any

There is no charge for the permission to stay issued on

Federal Police office, it is not necessary to return to the

arrival at Brazilian ports and airports.

airport or other port of entry where the original entry


stamp was given.

Procedures for obtaining a temporary business visa prior


to departure are essentially the same as for obtaining a

There are Federal Police offices in all Brazilian state

tourist visa, with the additional requirement that the

capitals and several major cities throughout the country.

travelers home company must attach a letter on its

A full list of offices is available on the Federal Police

headed paper explaining the nature and purpose of the

internet site: http://www.dpf.gov.br.

trip. This letter should specify the duration of the trip


and include a declaration that no paid activity will be

The following documents, among others, must be

undertaken by the individual in Brazil. If the applicant

submitted when requesting extension: the applicants

is self-employed, an additional letter may be required

travel document (passport, identity card, laissez-passer

from his bank, containing financial references.

or other); evidence of means of support; and proof of

Some Brazilian Consulates still ask applicants to supply


an official declaration that they have no criminal record.

FAMILY

Different consulates quote different turn-round times

The temporary business visa is analogous to the tourist

on temporary business visa applications, and of course

visa and as such cannot include family members. There

it can also vary with seasonal work-loads. Some quote

is no restriction on family members accompanying a

next-day service, others specify two weeks or more.

businessman during a short-stay visit but they must apply

Check with the consulate to which you are applying.

individually for tourist visas.

15 HOW TO OBTAIN VISAS FOR BRAZIL

reasons for requesting the extension.

06.
THE TEMPORARY WORK VISA
GENERAL

rather than business (see Difference between work


and business).

The temporary work visa is effectively a category of


temporary residence visa, even if it is issued for a period

Temporary residence visas are issued for different durations

of 90 days or less. Note that residence for visa purposes

(see Length of stay ahead) but they have certain features

does not necessarily imply residence for Brazilian tax

in common. Obtaining the visa involves significantly more

liability this will depend amongst other things on the

bureaucracy than the simple tourist or short-stay business visas.

length of time for which the traveler is temporarily resident

Temporary residence visas are issued for a specific activity and

in Brazil in any fiscal year. It is recomended to take advice

limit the holders ability to change activity once in the country.

on potential tax liability from an appropriate professional.


The principal situations in which a foreigner may apply for
Brazil issues seven categories of temporary residence visas

one of the seven categories of temporary residence visa are:

16

LAW

to meet various circumstances, and within one category there


may be several different practices for different situations.


As a business executive, scientist, teacher,

Thus, two people in different situations may be issued a visa

technician or other professionally qualified person,

in the same category but for different lengths of time, and

under contract or rendering services to a company in

after complying with different application requirements.

Brazil or to the Brazilian government;

It is not uncommon for a businessman, particularly

To supply technical assistance or services

one with technical qualifications and/or working in a

to a Brazilian company, without a formal

technical area, to find that under Brazilian law he must

employment relationship;

apply for a temporary work visa rather than the temporary


business visa described above. This happens when his

As the overseas employee of a multinational

activities in Brazil, albeit temporary, are classed as work

company that has its headquarters in Brazil, when

coming to Brazil for training and/or familiarization

Crew member of a tourist vessel; and

with the groups business and management culture


(including technical and administrative operations);
As a teacher, researcher or scientist;

Technician on offshore oil platform.


Some situations are effectively special cases that fall
within the scope of the regular temporary work visa.

For a cultural trip or study mission;

These include supplying services to the Brazilian


government, working on a fishing vessel rented or owned

As a professional artist, entertainer or sportsman;

by a Brazilian, and serving as a trainee in a Brazilian


company. Other situations are covered by their own

As a welfare worker;

specific temporary visa categories, for example foreign


press and TV correspondents, missionaries and visiting

As a student;

professional artists and sportsmen. These categories are


not dealt extensively with in this booklet.

As a trainee, seeking professional experience


within a university course;

THE 90-DAY, ONE YEAR AND TWO-YEAR


WORK VISAS

To receive professional training;


The first two cases listed above business executives,
As a foreign correspondent for a newspaper,

scientists, technicians under contract or supplying

magazine, radio, television or news agency;

technical assistance or services even without a formal

As a minister of religion, member of a consecrated

Visa Category V, known as the temporary work visa.

order or equivalent;
For business and professional travelers, the broad distinction is:
To work in an international cooperation project;
Remuneration with contract to a Brazilian
For sports training;

company two years;

Crew member of a fishing vessel;

No remuneration 90 days or one year.

17 HOW TO OBTAIN VISAS FOR BRAZIL

employment relationship are covered by the Temporary

While these are all temporary work visas issued under the

in Braslia and from there to the Brazilian Consulate within

same visa class Category V they are commonly referred

the jurisdiction of the residence of the foreigner, where the

to as the 90-day work visa, the one-year work visa and the

visa candidate will complete the remaining bureaucratic

two-year work visa.

steps of the process.

OBTAINING A TEMPORARY WORK VISA

Applicants who will be formally employed in Brazil


The company making the application will be required

The logic behind the temporary work visa is fundamentally

to demonstrate that the potential candidate has suitable

different from that relating to the temporary business

educational and/or professional qualifications and/or

visa. For this reason, the two visas have totally different

work experience. The Brazilian government practices

application procedures. For the temporary business visa, it

a visa issuance policy based upon protecting Brazilian

is the intending traveler who makes the request and explains

professionals and workers. Therefore, in order for a

what he plans to do in Brazil. For the temporary work visa,

visa to be issued by the Immigration Coordinator of

it is the potential employing company in Brazil (or company

the Labor Ministry, the company must demonstrate

that will receive the services, even without contract or

that the potential foreign workers qualifications are

payment) that must first seek permission from the Brazilian

different from or superior to those held by a Brazilian

government to bring in a temporary foreign worker. Thus,

professional who would occupy the same position,

for the temporary business visa, the process starts at the

and are relevant to the function the applicant will

Brazilian consulate abroad, while for the temporary work

perform in Brazil. Where the applicant holds a degree

visa, it starts at the Labor Ministry in Brazil.

from a recognized university, he will be required to

18

LAW

present his diploma and proof of one years relevant


The Brazilian company initiates the visa application

work experience. Where the applicant does not hold a

procedure by applying to the Immigration Coordinator of

degree, he must demonstrate at least nine years formal

the Labor Ministry in Brazil. Application may be made to a

education and two years relevant work experience.

regional office of the Labor Ministry, but the process will be

Where the applicant holds a Masters or Doctorate

forwarded to Braslia anyway and is likely to be processed

degree, which the course had a duration of at least

faster if the application is made directly in the federal capital.

360 hours, no proof of professional experience is


required. These requirements (professional experience

If the application is approved the documents are forwarded

and education) are not needed for those holders of a

by the Labor Ministry to the Ministry of External Relations

nationality of any country of South America.

Note that Article 352 of Brazils Consolidated Labor Laws

foreign worker will continue to receive his salary from

provides that all industrial or commercial corporations with

the subsidiary outside of Brazil and will have no formal

three or more employees must maintain a minimum of two-

labor relationship with the company in Brazil.

thirds of Brazilian employees in their work force. The same


applies to the total payroll the salary paid to foreigners

In all cases The application made by the Brazilian

may not exceed 1/3 of the total payroll. Exceptions are

company will be backed up by documents supplied by

(a) foreigners who have lived in Brazil for more than 10

the foreign worker. At least, these will include personal

years with a permanent visa and have a Brazilian spouse or

details, a professional resume, a photocopy of the passport,

offspring, and (b) Portuguese citizens.

and proof of education and professional experience.

Applicants who will not be formally employed

DURATION OF VISA

Companies seeking for example to bring in one or more


workers to install equipment, or train local users of such

The temporary work visa can be issued for up to two

equipment, or who will be otherwise providing a contractual

years, it might be renewable once or changed into a

or non-contractual service, without remuneration in

permanent visa after two years, but in all cases the length

Brazil, must provide suitable documentary evidence of

will depend on the legal provisions for specific visa

the relationship between the applicant company and the

categories and situations.

Agreement, proof of purchase and importation of

A business executive, scientist, teacher, technician or

equipment, and/or a Technology Transfer Agreement. In

other professionally qualified person, under contract or

such cases, the visa applicant must offer proof of at least

rendering paid services to a company in Brazil, or to the

three years relevant professional experience.

Brazilian government, will normally be issued a visa


for two years. On the other hand someone coming into

Where the applicant is the overseas employee of a

the country to supply technical assistance or services

multinational company that has its headquarters in Brazil,

to a Brazilian company, without a formal employment

and is coming to Brazil for training and/or familiarization

relationship, will be issued a visa valid for 30 days, 90

with the groups business and management culture

days or up to one year, depending on the requirement. In

(including technical and administrative operations), the

such cases, it is important that the documents supplied in

visa will be granted for two years, renewable once, without

support of the visa application explain the length of time

the possibility of being changed for a permanent visa. The

that will be necessary to complete the relevant tasks.

19 HOW TO OBTAIN VISAS FOR BRAZIL

foreign worker. This might for example be a Cooperation

Note that the duration counts from the moment the visa

several months to process. While the request is under

holder enters Brazil, not from when the visa is issued. A

consideration, the applicant will be issued with a temporary

foreigner entering Brazil to take up temporary residence

document showing the process number assigned to his

should bring with him the original copy of the form granting

application. This document is known as a protocolo

his visa and present this to immigration officials on arrival

literally, a protocol. Legally, it has the same standing as the

at the airport or port.

residence document that is under renewal. However, see


Leaving the country below.

Extension and Change of Status A temporary work visa


can be extended only once, if the first visa was granted for

LEAVING THE COUNTRY

one year, for the same period as it was initially granted.


If the initial visa was granted for two years, the change to

The temporary resident may exit and re-enter Brazil

permanent visa must be filed upon the expiration of the

without restriction during the validity of his visa. However,

first two years. Note that his permanent visa might remain

the total length of stay will always be counted from first

restricted for another two years, as per discretionary decision

entry into Brazilian territory and periods absent from the

of the Brazilian Government. If such is the case, the foreigner

country are not added to the total visa duration.

must apply to the local federal police to change his identity


card, attesting that his original employment relationship

It should be noted that there may be complications for

was maintained. Visa extension or change of status must be

international travel during the period when the temporary

requested directly to the Ministry of Justice or via Federal

resident is applying for renewal of his visa, and is

Police office that has jurisdiction for the temporary residents

carrying a protocolo and his expired ID. The temporary

address in Brazil. The Ministry of Justice will hear the Labor

resident should be able to fly out of and back into Brazil

Ministry before granting the request, which must be made

by showing his protocolo and expired ID, but in practice

before the original visa expires.

some airline companies have been reluctant to accept it as

20

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an international travel document for Brazil-bound flights.


The following documents, among others, must be submitted:

In such cases the temporary resident must fly out simply

a notarized copy of the applicants travel document (passport,

receiving an exit stamp on his passport, and must return

identity card or laissez-passer); proof of temporary

on a tourist visa. This can be done without prejudice to the

registration with the Federal Police; evidence of means of

ongoing application for renewal of the temporary residence

support; and proof of the motives for the requested extension.

visa. However, for those people who must apply in advance

Requests for visa extension or change of status can take

for tourist visa, it implies a certain additional bureaucracy.

allows his visa to expire while out of Brazil, and without

residence or change the status to a permanent visa cannot

having applied for extension as described above, he is back

be made outside of Brazil. Thus, if the temporary resident

to square one and must re-apply for a temporary work visa.

21 HOW TO OBTAIN VISAS FOR BRAZIL

Note that application for extension of the temporary

07.
OTHER TYPES OF TEMPORARY RESIDENCE VISA
For cases other than the temporary worker visa

permanent visas. Concession requires that the person

aforementioned, a temporary residence visa may be

be contracted by an entity in Brazil. Application must

obtained in one of the following manners:

be made to the Brazilian Consulate with jurisdiction


for the applicants place of residence;

Teacher, researcher or scientist of high


standing Application to the Brazilian Labor

Student Application is made by the

Ministry in Braslia;

individual to the Brazilian Consulate with

22

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jurisdiction for his place of residence. Student


Cultural trip or a study mission Application

visa applications require a document that

to the Brazilian Ministry of External Relations, via

identifies the foreigner as the beneficiary of

the Brazilian Consulate with jurisdiction for the

a scholarship at a specific institution for a

applicants normal place of residence. Applicants

specific time, possibly but not necessarily under

must produce a written invitation or equivalent

a cultural agreement previously approved by the

from a private or official cultural or scientific entity,

Brazilian government. Otherwise the candidate

justifying the trip and specifying the length of stay

must demonstrate sufficient resources to support

as well as demonstrating means of support;

himself during his stay;

Professional artist, entertainer or sportsman

Trainee,

Concession of this visa requires that the person will

within a university course Application is made

render services to an entity in Brazil. Application to

to the Brazilian Ministry of External Relations,

the Labor Ministry in Brazil, by the Brazilian entity;

via the Brazilian Consulate with jurisdiction

seeking

professional

experience

for the applicants normal place of residence.


Welfare worker Foreigners working for social

The applicant must be enrolled at a recognized

assistance organizations may receive temporary or

university or equivalent entity;

Professional training Application to the Brazilian

Crew member of a tourist vessel Application

Labor Ministry. The applicant must be formally

to the Brazilian Labor Ministry;

contracted by a company outside of Brazil or receive


a scholarship. Holders of this visa are prohibited from

Technician on an offshore oil platform

exercising paid employment in Brazil;

Application to the Brazilian Labor Ministry;

Foreign correspondent for a newspaper, magazine,

Trainee application to the Brazilian Labor Ministry.

radio, television or news agency Application is


made to the Brazilian Consulate with jurisdiction for

LENGTH OF STAY

the applicants normal place of residence;


Temporary residence visas have different validations and
Minister of religion, member of a consecrated

conditions, depending on the reasons for which they are

order or equivalent Application is made to

requested and issued. Maximum durations are:

the Brazilian Consulate with jurisdiction for the


applicants normal place of residence. Applicants

As a teacher, researcher or scientist of high standing two

require a document from a religious entity in Brazil

years; For a cultural trip or study mission two years; As a

assuming financial and contractual responsibility for

professional artist or entertainer 90 days; As a professional

their stay in and departure from the country;

sportsman one year; As a welfare worker two years;

Work in a project of international cooperation

experience within a university course one year, with no

Application to the Brazilian Ministry of External

renewal; For professional training one year, with no renewal;

Relations, via the Brazilian Consulate nearest the

As a foreign correspondent for a newspaper, magazine, radio,

applicants normal place of residence;

television or news agency up to four years; As a minister of


religion, member of a consecrated order or equivalent one

Sports training Application to the Brazilian Ministry

year; To work in a project of international cooperation two

of External Relations, via the Brazilian Consulate nearest

years, with no renewal; For sports training one year, with

the applicants normal place of residence;

no renewal; Crew member of a fishing vessel two years,


with no renewal; Crew member of a tourist vessel 180 days,

Crew member of a fishing vessel Application to

with no renewal; Technician on an offshore oil platform two

the Brazilian Labor Ministry;

years; Trainee one year, with no renewal.

23 HOW TO OBTAIN VISAS FOR BRAZIL

As a student one year; As a trainee, seeking professional

08.
THE PERMANENT RESIDENCE VISA
WHAT IS A PERMANENT RESIDENCE
VISA?

WHAT CASES ARE COVERED BY THE


PERMANENT RESIDENCE VISA?

The holder of a permanent residence visa may remain in

The cases in which a foreigner can obtain a permanent

Brazil indefinitely, provided he does not break the law.

visa are:

Unlike the tourist, business and temporary working visas


the permanent visa does not expire, and it is quite common

The foreigner senior manager:

for non-Brazilians to spend many decades in the country

A person who will occupy a senior managerial

on this visa.

or administrative position in an established


Brazilian company, typically an administrator,

Although the permanent visa does not expire it is subject to

manager or director.

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periodic re-issue, currently at nine-year intervals. Re-issue


is automatic and there is no question of re-application,

The foreign investor:

re-assessment or re-qualification, but the process can be

A foreigner who will invest at least R$ 150,000.00

bureaucratic and time-consuming.

(one hundred and fifty thousand reais) in a company.

While the permanent resident may live out his life in Brazil,

A researcher or high-level specialist:

marry, raise a family, work, pay taxes and change jobs like

Professors, technicians and senior researchers who

Brazilian citizens, it should be noted that permanent residence

wish to reside in Brazil to undertake research work

status is not the same as citizenship. The permanent resident

at an institution of higher education or one that

may not vote and certain occupations, for example in the

conducts research in science and technology.

public sector and the communications media, will not be


open to him. Summary information about naturalization is

The director, manager or administrator of a

provided towards the end of this booklet.

private non-profit organization:

This must be a foreign organization with offices or

Business applicants will normally fall into one of the two

branches in Brazil or a Brazilian organization that

first categories: senior manager or investor.

has international operations. It must act in a range of


approved fields including education, social welfare,

Note that legally speaking, the permanent residence visa

culture and environmental protection.

is not granted by a Brazilian Embassy or Consulate. It


is granted by the Ministry of Justice after consultation

A retired foreigner who wishes to reside in Brazil:

with the Ministry of Labor, or in some cases directly by

An officially retired person, irrespective of age,

either the Ministry of Justice or the Ministry of Labor, in

accompanied by up to two dependents and able to

accordance with requirements established by the National

transfer, in accordance with the laws of the country

Immigration Council. It is then delivered to the applicant

of origin, a monthly amount equivalent to at least

normally via a designated embassy or consulate.

R$ 6,000 (six thousand reais). In the case of more


than two dependents, the applicant must transfer an

Note also that in the case of the senior manager or

additional R$ 2,000 (two thousand reais) for each

investor, the application for a permanent residence visa

additional dependent.

is initiated by the company in which the foreigner will

A close family member of a Brazilian citizen

for the sake of convenience and custom, this booklet

or resident:

often refers to the person who will receive the visa as

The spouse or minor dependent of Brazilian citizen

the applicant, legally speaking in the case of the senior

or of a permanent resident of Brazil. A foreigner who

manager or investor it is the company in Brazil which

has dependent Brazilian offspring.

makes the application to the Brazilian government.

For the purposes of uniting a family:

Obtaining a permanent residence visa requires the

Ascendants of a Brazilian national or of a

presentation of an extensive list of documents. The process

permanent resident of Brazil. Siblings of a

is bureaucratically complex and lengthy, and many of the

Brazilian citizen or of a permanent resident of

declarations or documents must be presented in a specific,

Brazil, if orphan, single and under 18 years of

legally-approved manner and notarized by specific agents or

age. Minor children, grandchildren or great-

government departments. Most applicants find they can save

grandchildren of a Brazilian citizen or of a

time and money by seeking the advice and help of a Brazilian

permanent resident of Brazil.

specialist to prepare and accompany the application.

25 HOW TO OBTAIN VISAS FOR BRAZIL

be a manager or partner, and not by the individual. While

Companies that can apply for visas: Remembering that

c) Brazilian company with 100% Brazilian capital

for the purposes of Brazilian law, the term Brazilian

and one or more subsidiaries outside of Brazil may

company means one constituted in Brazil under Brazilian

request a permanent visa for a foreign manager,

law, irrespective of the composition or origin of its capital,

subject to the conditions detailed ahead;

the follow situations are possible:


d) Brazilian company with 100% Brazilian capital
a) Brazilian company with 100% foreign capital in

and no subsidiary outside of Brazil may not request

its ownership structure may request a permanent

a permanent visa for a foreign manager or investor.

visa for a foreign manager or foreign investor,


subject to the conditions detailed ahead;

However, such a company may request a temporary work


visa for a specialist.

26

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b) Brazilian company with mixed capital, foreign and


Brazilian, in its ownership structure may request

Note that when a company is held totally or partially by

a permanent visa for a foreign manager or foreign

other companies, rather than just by private individuals, the

investor, subject to the conditions detailed ahead;

term ownership structure includes all layers of ownership.

09.
THE FOREIGN SENIOR MANAGER
The following procedures and documents apply to visas for

thousand reais) and will create during the next

a foreign senior manager or director:

two years at least 10 new jobs in the country for

WHICH COMPANIES MAY APPLY FOR


A PERMANENT VISA FOR A FOREIGN
SENIOR MANAGER?
BRAZILIAN COMPANY WITH TOTAL
OR PARTIAL FOREIGN CAPITAL IN ITS
OWNERSHIP STRUCTURE (CASES A AND
B OF PREVIOUS TOPIC):

Brazilian workers.
Note that the investment and job creation
requirements apply per individual visa applicant.
Thus, the company wishing to bring in three
managers would be required to show triple the
investment or job creation, and so on. However,
the investment need not necessarily be in cash.
It may be totally or partially in the form of
capital goods.

total or partial foreign capital will be allowed to

Companies must also comply with other relevant

bring in a foreign manager or director. One key

bureaucratic procedures detailed below.

requirement is that the applicant company must be


able to demonstrate:
That it has received from its foreign owners an
investment in Brazil that is the equivalent of at least

BRAZILIAN COMPANY WITH 100%


BRAZILIAN CAPITAL AND ONE OR MORE
FOREIGN SUBSIDIARIES (CASE C OF
PREVIOUS TOPIC):

R$ 600,000.00 (six hundred thousand reais); or


Companies in this situation are exempted from
That it has invested in Brazil the equivalent of

the need to demonstrate foreign investment or job

at least R$ 150,000.00 (one hundred and fifty

creation in Brazil. However, they must comply

27 HOW TO OBTAIN VISAS FOR BRAZIL

Not every established Brazilian company with

procedures

detailed ahead.

ADMINISTRATOR, MANAGER OR DIRECTOR


OF MORE THAN ONE COMPANY IN BRAZIL

Assuming the company where the businessman will

The foreign businessman who holds this category of visa will

work meets the above conditions, the company initiates

not be allowed to simultaneously manage any other company

the visa process by applying to the Immigration

in Brazil, unless it is a member of the same economic group.

Coordinator of the Labor Ministry in Brazil. Application

Where the foreign businessman will administer more than one

may be made to a regional office of the Labor Ministry,

company in Brazil belonging to the same economic group, he

but the process will be forwarded to Braslia anyway and

must request an authorization to extend the functions for which

is likely to be processed faster if the application is made

the visa was originally issued. There is no additional investment

directly in the federal capital.

or job creation requirement for these additional companies.

with

other

relevant

bureaucratic

28

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Note that the businessman does not receive multiple visas,


Note that the application process is NOT initiated by

but rather an authorization to carry out additional functions.

the potential recipient of the visa; it must always start

He cannot assume these additional functions before receiving

with the potential employing company in Brazil.

authorization from the Ministry of Labor.

10.
THE FOREIGN INVESTOR
This visa category covers the incoming foreign investor

The process might be directed to the National Immigration

and is initially tied to the company he invests in. By

Council in case it, due to the number of foreign investors,

definition, therefore, this visa category is not available

will generate substantially positive economical or social

for the Brazilian company that has and will continue

impact to the country.

to have 100% Brazilian capital. It is available only to


existing or new Brazilian companies that have or will

While the petition is being considered, the main object

have at least part of their capital composed of foreign

to be analyzed will be the social interest, which is

direct investment.

defined by the generation of jobs and income in Brazil,


by the increase on the productivity, the assimilation of

Essentially, the visa can only be granted to a foreigner

technology and the growth of resources to a specific

who brings foreign funds into Brazil and invests

sector of the economy. Such information should be

them in productive activities, and who plans to

demonstrated through a business plan developed by

remain indefinitely in Brazil to directly manage his

the company.

private investment, for example to buy a house, land or

In the case of an investment lower than the amount

stocks, does not qualify.

of R$ 150,000.00 (one hundred fifty thousand reais)


the National Immigration Council may authorize the

The investment must involve an initial transfer of foreign

granting of the permanent visa through the examination

capital equivalent to at least R$ 150,000.00 (one hundred

of the following criteria:

and fifty thousand reais). The National Immigration Council


(CNI) will examine visa requests for foreign investors who

Number of jobs generated in Brazil;

will bring in a smaller amount of foreign currency provided


they can demonstrate that their investment project will

Value of the investment and region of the country

create at least 10 (ten) new jobs in Brazil within five years.

where it will be applied;

29 HOW TO OBTAIN VISAS FOR BRAZIL

investment. Note that bringing capital into Brazil for

Economic sector to benefit from the investment

Copy of the last deduction of the FGTS (fundo de

and contribution to the growth on productivity or

garantia por tempo de servio) containing the list of

assimilation of technology.

all employees.

investigational visit to the company location.

DOCUMENTS NEEDED TO APPLY FOR A


FOREIGN INVESTORS VISA

While deliberating, the National Immigration Council will

Note that the application for the visa is made by the

take special consideration to investments coming from

company receiving the investment, and NOT by the

South American nationals.

foreign investor himself. Thus, where the investor is

The General Immigration Coordination may request an

setting up a new company in Brazil, he must do this


The ID card (RNE) of the Private Investor will be valid for

before applying for the visa.

3 (three) years and must be renewed before its expiration


date, or the permanent visa will be canceled.

Only when the company has been formally established


and the investment received, it will be able to apply for a

In order to have the ID card renewed, the following

visa for its incoming shareholder. The application is made

documents should be presented:

to the Immigration Coordinator of the Labor Ministry in


Brazil. Application may be made to a regional office of

Copy of the document RAIS (relao anual de

the Labor Ministry, but the process will be forwarded to

informaes sociais) referent to the last two years,

Braslia anyway and is likely to be processed faster if the

demonstrating that the investment plan proposed by

application is made directly in the federal capital.

the company concerning the creation of employment

30

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is being followed; and

11.
ADDITIONAL INFORMATION FOR SENIOR MANAGERS
AND INVESTORS
VALIDITY OF VISA AND CHANGING
EMPLOYMENT

During the period when his permanent residence visa


is restricted to administering or directing the applicant
company, the holder may apply to move to a company

The visa issued to the foreign investor and senior

which does not form part of the same economic group.

businessman with executive responsibility is a permanent

In this case, he must apply to the Brazilian Ministry of

residence visa but it is initially tied to the company which

Justice, which will consult the Ministry of Labor. One

made the original application. After five years it will be

necessary condition is that the company which originally

substituted by the Brazilian Federal Police for an unrestricted

requested the visa provides a written declaration to the

permanent residence visa, effectively liberating the holder

effect that it does not oppose the move.

to remain indefinitely in Brazil and change employers


or move his investments as he may choose (subject to

Neither the five-year substitution nor the request

normal legal and professional restrictions). To effect the

to move to a non-associated company requires the

substitution, however, the businessman must show that, up

visa holder to leave Brazil.

to that moment, he remains as a director or administrator in

31 HOW TO OBTAIN VISAS FOR BRAZIL

the company which originally requested the visa.

12.
OTHER RESIDENCE VISA SITUATIONS
FAMILY

Brazil. For example, a self-sufficient foreign adult brother


or sister would not normally be able to receive a residence

A temporary or permanent work visa can normally be

visa under this category.

issued to include dependent relatives specifically a


spouse and unmarried children under 24 provided these

The most common and recommended form of uniting a

are named at the time of the original application. The

foreign family is to include all dependents in the applicants

normal practice is that dependent relatives receive the same

original visa submission. If this is not possible, separate

visa type and duration as the head of the family. However,

application may be made later.

applicants should be aware that family members may not


receive permission to work in Brazil, unless a separate

Separate application will typically include the case of a

application is filed, after their arrival in Brazil. The work

foreign family where dependent relatives decide to move to

visa for family member will have the same validity of the

Brazil some time after the head of the family has received

visa of the main holder. People issued with a temporary

a permanent or temporary residence visa, but could also

or permanent work visa are entitled to bring in household

include other situations, for example non-Brazilian

items. If the foreigner is a holder of a temporary visa, these

dependents of a Brazilian citizen.

must be shipped out again on departure.

32

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UNITING FAMILIES

The following categories of dependents may normally


be considered:

The Brazilian government will normally give favorable

Unmarried and student children under 24 years of

consideration to permanent or temporary residence visa

age, or older if they are supported by parents;

requests for the purpose of allowing families to live


together. However, this is basically limited to economic


Brothers,

sisters,

grandchildren

and

great-

dependents of the family member who is already resident in

grandchildren if orphaned, single and under 21, or of

any age if proven to require the economic support of

See notes ahead: Documents of foreign origin

the visa applicant;

on notarization of non-Brazilian documents; also


Receipt of the visa detailing how to collect the

Parents or other direct antecedents who are proven

visa, once it has been approved.

to require the economic support of the visa applicant;


Same-sex union and life partnerships Brazil
Spouse or partner of a Brazilian citizen; and

has recently recognized same-sex marriage and it


does recognize stable relationships between adults,

Spouse or partner of a foreigner who is temporarily

independent of sex. To this end, since 2003 it has been

or permanently resident in Brazil.

possible for a same-sex or different-sex companion to


be included as family on a temporary or permanent

Note Brazil recognizes common-law and same-sex

work visa thru an application at the National Counsel of

relationships. See ahead.

Immigration and since 2011, it is possible to apply for


a family reunion for same-sex married couples at the

It is important to note that incoming family

Federal Police.

members, if approved, will normally receive a visa


of the same status and duration as their resident

Procedures are essentially the same as for inclusion of

sponsor. This means that if the sponsor is a Brazilian

other family members, with the important exception

or has a permanent residence visa, the incoming

that the applicant will be required to submit proof

family member will normally receive a permanent

of stable relationship and various other documents.

residence visa.

Cases are considered individually on the strength of

Application can be made in Brazil, at an office of the

the following two items:

Federal Police, or to the Brazilian Consulate which has


jurisdiction for the place of normal residence of the

Certificate attesting to stable union issued by

applicant outside of Brazil if the applicant is filling for

the relevant governmental organ in the applicants

a permanent visa. If application is for temporary visa,

country of origin; or

it will have to be filed and collected at the Brazilian


Consulate from the jurisdiction from where the

Proof of stable union issued by a Brazilian judge

candidate resides.

or a corresponding foreign authority.

33 HOW TO OBTAIN VISAS FOR BRAZIL

the evidence provided, which should include one of

Failing which, the applicant may offer:

Note that items (b) to (f) must demonstrate at least one year
of stable union.

Certificate or similar document attesting to stable


union issued by a Brazilian registry office, or an

The applicant must also present:

equivalent body abroad;


A formal statement describing the history of the
A sworn declaration of stable union, registered in

stable union;

a Brazilian registry office, made by the two people


concerned; plus at least two of the following documents:

A formal undertaking by the sponsor assuming


responsibility for the incoming partner during his stay,

a) Proof of dependency issued by fiscal

for his keep and for his departure from Brazil, should

authorities or an official body equivalent to

this become necessary. This must be in the form of a

Brazilian federal income tax authorities;

sworn statement registered in the civil registry office;

b) Certificate of marriage issued by a

Formal documentary proof of ability to provide

religious entity;

financial support for both members of the stable union.


This may include proof of earnings or other income

c) Formal witness statements testifying

sources in Brazil or abroad, for either of the partners;

to the relationship;
Certified copy of the ID card of the Brazilian
d) Life insurance policy naming one of

citizen or resident;

the parties as the insured and the other as


the beneficiary;

Certified copy of the complete passport of


the applicant;

LAW

e) Deed of property purchase, duly registered


in the official property registry, naming the

A police statement of good conduct from the

two parties as co-owners, or a rental agreement

applicants country of origin or residence; and

in which both appear as co-renters; or


A sworn declaration of the applicants civil status

34

f) Proof of a joint bank account.

in his country of origin.

Note that the Brazilian citizen or resident may be requested

it will always be forwarded to the Ministry of External

to provide other documents; that the National Immigration

Affairs in Braslia.

Council may ask the Ministry of Justice to conduct


additional investigations; and that the application process

When the applicant is already living in Brazil,

normally takes upward of six months.

immigration officials will make enquiries that


may include a surprise visit to the couples home

Applicants should note that the application by the partner can

to make sure that the relationship is not a marriage

be made only after the holder of the temporary or permanent

of convenience that has the principal purpose of

work visa has arrived in Brazil. Thus, in practice, the partner has

fraudulently obtaining a residence visa. Supporting

one of two options accompany the temporary or permanent

documents such as marriage certificates may be subject

worker on a tourist visa, and then apply for inclusion in the

to verification of authenticity.

temporary or permanent work visa, or remain abroad and


apply for inclusion. The visa is granted for the purposes of

Application may be made in Brazil, at an office of the

reuniting a family. Should the partner opt to come to Brazil

Federal Police, or to the Brazilian Consulate which has

on a tourist visa while applying, he will have to leave Brazil to

jurisdiction for the place of normal residence of the

collect the visa, once granted, at a Brazilian Consulate abroad.

applicant outside of Brazil.

If the same-sex couple is able to produce a marriage

See notes ahead: Documents of foreign origin on

certificate, the procedure will follow the described below

notarization of non-Brazilian documents; also Receipt

marriage to a Brazilian citizen or permanent resident.

of the visa detailing how to collect the visa, once it has

FOREIGNER WITH BRAZILIAN CHILDREN

A permanent residence visa will normally be granted to

A permanent visa will normally be granted to the foreign

foreigners who marry Brazilian citizens or permanent

parent or parents of a Brazilian child. Application is

residents. Application is made to the Brazilian Ministry of

made to the Brazilian Ministry of Justice via regional

Justice, either via regional Federal Police offices in Brazil

Federal Police offices in Brazil. The offspring must be

or via a Brazilian consulate abroad. However, even when

economically dependent on the foreign mother or father

the application is lodged at a Brazilian Consulate abroad,

and be under the guardianship of the applicant.

35 HOW TO OBTAIN VISAS FOR BRAZIL

MARRIAGE TO A BRAZILIAN CITIZEN OR


PERMANENT RESIDENT

been approved.

Application must be made in Brazil, at an office of the

Note that the applicant must be formally retired under the

Federal Police.

laws of his country of origin or residence, and in receipt of


a public pension paid by that countrys official pensions

See notes ahead: Documents of foreign origin on

agency. Receipt of a private pension will not be considered

notarization of non-Brazilian documents; also Receipt

sufficient proof of retired status.

of the visa detailing how to collect the visa, once it has


been approved.

RETIREE

The applicant must prove he is receiving and will transfer


to Brazil a pension of at least R$ 6,000 (six thousand
reais) a month. This will entitle him to visas for himself
and up to two dependents. The applicant must demonstrate

Brazil allows retired foreigners and their dependents

an additional R$ 2,000 (two thousand reais) a month for

to move to and settle in the country, provided they

each additional dependent, over and above the two already

can demonstrate adequate means of support. There is

mentioned. The specified values may be composed of one

no requirement to prove relationship to any Brazilian

or more public and private pensions, added together, but at

citizen or resident. Successful applicants will not receive

least one must be an official public pension as described

authorization to work in Brazil.

above. There is no upper or lower age limit, and the official


public pension may have been granted for any reason

The retired person must apply to the Brazilian Consulate

including age, years of contribution or disability.

nearest his place of normal residence outside of Brazil, and the


application is forward to the Ministry of External Relations

See notes ahead: Documents of foreign origin on

for decision. There is no limit to the number of dependents

notarization of non-Brazilian documents; also Receipt

who may be included on the visa request, but the applicant

of the visa detailing how to collect the visa, once it

must provide proof that they are genuine dependent relatives.

has been approved.

People who may potentially be classed as dependents are

36

LAW

listed in the section Uniting families on the previous topic.

13.
ADDITIONAL INFORMATION ALL RESIDENCE VISAS
RECEIPT OF THE VISA

document has already been supplied by the Brazilian


government. To make his application, the businessman

Temporary or Permanent residence visas must normally

must therefore send to or deliver his application to

be collected at the place where the application is made,

the appropriate Brazilian Consulate.

either a Brazilian Consulate abroad usually the one


that has jurisdiction for the applicants normal place of

The exact documents required may vary from consulate

residence prior to moving to Brazil or a Federal Police

to consulate, but will always include passport and

office in Brazil. In every case, the visa may be collected

application form. The Brazilian Consulates in Miami and

only after it has been granted by the Ministry of Justice

New York, for example, require the following documents:

and the decision published in the Official Gazette (Dirio


Oficial da Unio).

Visa application form completed on line at https://


scedv.serpro.gov.br/ and signed in duplicate;

or temporary work visas, once the application made by

Passport valid for a minimum of six months

the Brazilian company has been approved by the Labor

from the date of intended arrival in Brazil, with at

Ministry in Braslia, it will be forwarded internally

least one blank page available;

to the Ministry of External Relations and hence to


the Brazilian Consulate that has jurisdiction for the

Two recent 2x2 passport-type photos, front

place of residence of the businessman. When the visa

view, white background. Computer print-outs are

authorization arrives in the consulate, the businessman

not accepted;

must then formally apply to the consulate to receive


it. Note that at this moment, the businessman is

A police report issued within the last three

effectively making a formal visa application, with the

months, certifying absence of criminal record (in

essential difference being that the essential supporting

New York, an FBI report);

37 HOW TO OBTAIN VISAS FOR BRAZIL

In the case of the foreign senior manager or investor

Proof of residence within the consular jurisdiction

application must be notarized in its country of origin and

for the past 12 months. This could be a driver

then presented to the Brazilian Consulate in that country

license or phone bill; and

for legalization (with the exception of passports, which do


not need to be notarized by the issuing government). Where

Copies of birth and marriage certificates, as

the visa application is being made in Brazil, documents so

applicable, legalized by the Brazilian Consulate that

notarized and legalized must be forwarded to Brazil for

has jurisdiction for their place of issue.

translation into Portuguese by a sworn translator before


being included in the application.

See Documents of foreign origin below on notarization


of non-Brazilian documents.

Note that Brazilian Consulates in different countries


have different processes for legalization of non-Brazilian

Applicants who are resident outside of their country

documents. In Germany, for example, the consulates maintain

of origin will normally be able to apply for and receive

a central list of public notaries and will accept a document

a Brazilian visa at the Brazilian Consulate which has

from them, while in the United States consulates require that

jurisdiction for their current place of residence, but this

a document which has been stamped by a public notary be

application can be made at any Brazilian Consulate that

subsequently notarized by the appropriate county clerk or

does not require the jurisdiction criteria, for all cases.

state secretary, for example the secretary of education in the


case of a school diploma. This is because the country is too

Important note In all cases, a person who receives a permanent

big for the consulate to maintain a list of all public notaries.

or temporary work visa at a Brazilian Consulate must use it

The visa applicant should therefore check with the Brazilian

to enter Brazil within 90 days, if the applicants country of

Consulate where he makes his application to determine their

nationality renders the same treatment to Brazilian Nationals

notarization and legalization requirements. In all cases, a

(reciprocity), otherwise the visa authorization will become void.

consular fee will be charged for legalization of a notarized

One 90-day extension of this deadline may normally be granted,

document. See Fees ahead.

although this must be requested during the original 90-day period

LAW

and will involve paying consular fees for a second time.

DOCUMENTS OF FOREIGN ORIGIN

notarized and legalized in the manner described above.


Two countries are exceptions to the general requirements

Any non-Brazilian document offered in support of a visa


38

Documents required to receive a visa must also be

on notarization and legalization:

France: Under the terms of a bilateral

Notarization and legalization fees charged

agreement, Brazilian authorities accept French

when documents receive such services at a

documents

Brazilian Consulate. Normally in the range of

without

being

legalized

at

Brazilian Consulate. Documents should simply

US$ 5 US$ 20 per document;

be notarized a French chamber of commerce,


public notary or mayors office, after which

Handling fee for example, to return a passport

they will be accepted by the Brazilian Labor

by approved mail or courier service.

Ministry, Ministry of External Relations or


other public entity;

Consulates normally publish their fees on their website.

Argentina: Documents must be notarized by

CHANGING A VISA CATEGORY

a public notary, then by the national association


of notaries, the Colgio de Escribanos, and then

The general principal under Brazilian law is that a visa

by the Argentine Ministry of Foreign Affairs.

category may not be changed. Therefore, the holder

FEES

of, say, a tourist, business or temporary work visa who


wishes to apply for a permanent residence visa must
initiate a new visa application process, following the

Various fees are associated with a visa application, and

procedures detailed in this publication.

may vary from consulate to consulate. Essentially, they


are of four kinds:

The following categories are an exception to the


general rule:

This may be significant, for example US$ 200 in

Scientists,

teachers,

technicians

or

other

New York and Miami;

qualified professionals under contract or rendering


services to the Brazilian Government;

Reciprocity fee Brazil operates a policy of


reciprocal charging. This means that US citizens

Members of religious institutions or orders; and

face an additional fee of US$ 100 (or more) which


matches a fee charged by Brazilians seeking a visa

Relatives joining a family member (see Uniting

for the United States;

families on the previous topic).

39 HOW TO OBTAIN VISAS FOR BRAZIL

Consular fees the basic fee for issuing a visa.

These groups may apply to convert a temporary residence

returns after the temporary visa has expired and before

visa into a permanent visa during their stay in Brazil.

his permanent residence application is approved, he must

The change will be granted only if the applicant satisfies

enter the country as a tourist, but without prejudice to his

the conditions for the concession of a permanent visa, as

ongoing application for permanent residence.

detailed on the previous topic.

40

LAW

In such cases, it is essential to bear in mind that citizens of


The application should be submitted to the Federal

some countries must obtain a tourist visa before travelling to

Police office nearest the foreigners place of temporary

Brazil. This will apply even in the situation discussed here.

residence in Brazil, at least 30 days before the expiration

A list of those nationalities who must obtain a tourist visa

of the temporary visa. If the foreigner leaves Brazil and

before travelling is shown in this booklet.

14.
ON ARRIVAL IN BRAZIL
AT IMMIGRATION

residence in Brazil. There are Federal Police offices


in all Brazilian state capitals and several major cities

The person coming to Brazil to take up residence under a visa

throughout the country. A full list of offices is available

issued at a Brazilian Consulate abroad should obviously be

on the Federal Police internet site: http://www.dpf.gov.br.

prepared to present his passport and visa application form


to Brazilian immigration officials on arrival. Additionally,

Note that Brazilians frequently call the ID card an RG,

it is a wise precaution for him to carry in his hand luggage

which stands of Registro Geral or General Register.

any paperwork relating to the visa application, including

Identity cards for foreigners carry a different prefix on the

documents relating to the occupation for which the visa

serial number: RNE which stands for Registro Nacional

has been granted, or addresses and contact details of family

de Estrangeiros (National Register of Foreigners).

members with whom he will be staying.

However, outside of specialized government agencies,

ID CARDS REGISTERING WITH THE


FEDERAL POLICE

both identity cards are normally referred to as RG.


After registering, the temporary or permanent resident will

All Brazilian citizens and foreign residents (other than


diplomats) are obliged by law to have and carry a federal

REGISTERING AT THE CONSULATE

ID card. This document is obtained from the Federal Police


and must be requested within 30 days of arrival in Brazil.

Foreign residents are advised to register with the consulate

This ID card is the foreigners principal document and

of their country of nationality, informing them of their

will be the basis for obtaining other Brazilian documents.

new address in Brazil and any subsequent change. This


procedure is not obligatory but may facilitate matters if

The new temporary or permanent resident must register

ever the visitor needs a document issued or notarized by

at the Federal Police station nearest to his new place of

his consular authorities.

41 HOW TO OBTAIN VISAS FOR BRAZIL

be issued an identity document to be used during his stay.

All countries that maintain diplomatic relations with Brazil


have an embassy or representative office in the federal
capital of Brazil, Braslia. The United States, the United
Kingdom, Germany, France, Italy, Japan and many other
countries have consulates in major cities. Some selected
consulates and addresses:
So Paulo

LAW

Rio de Janeiro
American Consulate
Av. Presidente Wilson, 147 Centro
Tel: (21) 2292-7117

American Consulate
Rua Henri Dunant, 500 Chcara Santo Antonio
Tel: (11) 5186-7000

Argentinean Consulate
Praia de Botafogo 228 Sobreloja 201
Tel: (21) 2553-1646/1459/1568/1569

Argentinean Consulate
Av. Paulista, 2313 sobreloja Tel: (11) 3897-9522

British Consulate
Praia do Flamengo, 284 2 andar
Tel: +55 (21) 2555-9600

British Consulate
Rua Ferreira de Arajo, 741 2 andar
Tel: (11) 3094-2700

42

Mexican Consulate
Rua Holanda 274 Jardim Europa
Tel: (11) 3576-5400

French Consulate
Avenida Presidente Antonio Carlos, 58 6 andar
Tel: (21) 3974-6699

French Consulate
Avenida Paulista, 1842 Torre Norte 14 andar
Tel : (11) 3371-54 00

German Consulate
Rua Presidente Carlos de Campos, 417 Laranjeiras
Tel: (21) 2554-0004

German Consulate
Av. Brig. Faria Lima, 2092 12 andar
Tel: (11) 3097-6644

Japanese Consulate
Praia do Flamengo, 200 10 andar Flamengo
Tel.: (21) 3461-9595

Japanese Consulate
Avenida Paulista, 854 3 andar Bela Vista
Tel: (11) 3254-0100

Mexican Consulate
Praia de Botafogo, n 242/301 3 andar Botafogo
Tel.: (21) 3262-3200

WORK CARD

open a bank account must register with federal income


tax authorities, and receive a tax number. The tax

All workers are required to have a Carteira de Trabalho

register is known as the Cadastro de Pessoas Fsicas

e Previdncia Social or Working and Social Security

or Register of Individual Taxpayers. The person no

Document. This is normally referred to as a Carteira

longer receives a plastic card but can print from the

Profissional or Professional Card, although in fact it

Revenue Service website a card, carrying his name and

is a small blue booklet. No company may legally hire a

tax registration number. This card is generally known

worker without such a document. All foreigners who wish

as the CPF. The document and its number are also

to work in Brazil and whose visa grants them that option

frequently referred to by their previous acronym, CIC.

must obtain this document from the closest regional office


of the Ministry of Labor. The Carteira Profissional can

DRIVER LICENSE

only be issued to a person who is already in possession of


a federal ID card (see on the previous topic).

INCOME TAX

This is known as the Carteira Nacional de Habilitao,


or colloquially, the Carteira de Motorista. Foreign
residents may use their national licenses in Brazil for

As a general rule, foreign residents in Brazil will normally

with their resident visa. After this period, if the

face the same tax liabilities as Brazilian citizens.

foreigner has a drivers license issued in a Country

However, individual circumstance should be checked

that participates of the Vienna Convention of the

with a professional who specializes in the tax area. Any

Reciprocity Agreement, he will be able to obtain a

person wishing to be formally employed in Brazil or to

Brazilian Drivers License.


43 HOW TO OBTAIN VISAS FOR BRAZIL

up to 180 days from their first arrival in the country

15.
APPENDIX A

44

LAW

DO YOU NEED A VISA BEFORE


TRAVELLING TO BRAZIL?
WILL YOU MUST ENTER IN BRAZIL
WITHIN 90 DAY OF YOU VISA
ISSUANCE?

45 HOW TO OBTAIN VISAS FOR BRAZIL

Notes:
LP Laissez-Passer
1 China: passport holders must produce copy of last three months bank statement.
2 Venezuela: tourist permission to stay for 60 days maximum.

46

LAW

(90) visa is valid to enter Brazil the first time for a maximum of 90 days from the issuance date of the visa.

16.
APPENDIX B
BRAZILIAN CONSULATES SELECTED
ADDRESSES
AUSTRALIA

Vancouver - Brazilian Consulate-General 666 Burrard St,


suite 2020, V6C2X8 Vancouver, BC, Tel: (604) 696-5311

CHINA

Canberra - Brazilian Embassy, Consular Service 19,

Beijing - Brazilian Embassy, Consular Service

Forster Crescent, Yarralumla Canberra, ACT 2600

27 Guanghua Lu Chaoyang District Beijing 100.600

Tel: (02) 6273-2372, Site: www.brazil.org.au

Tel: (8610) 6532 2881, Site: www.brazil.org.cn

Sidney - Brazilian Consulate-General, Level 6/45, Clarence

JAPAN

St., Sydney, NSW 2000 - Tel: (02) 9267-4414,

Tokyo - Brazilian Embassy, Consular Service

Site: www.brazilsydney.org

COI Gotanda Building, 2F; 1-13-12 Higashi Gotanda;


Shinagawa Ku; Tokyo 141-0022,

Square, Suite 1700, Montreal, Quebec, H3Z 2P9,


Tel: (514) 499-0968, Site: www.consbrasmontreal.org

CANADA

Tel: (813) 5488-5451, Site: www.consbrasil.org

MEXICO
Mexico City - Brazilian Consulate Paseo de ls Palmas,
215, 4 floor, sute 405, Colnia Lomas de Chapultepec

Ottawa - Brazilian Embassy, Consular Service 450

Delegacin Miguel Hidalgo Mxico D.F.,

Wilbrod St. Ottawa, Ontario, K1N 6M8,

Tel: (52) 55 4160-3953, Site: www.brasil.org.mx

Tel: (613) 237-1090; 755-5160, Site: www.brasembottawa.org

RUSSIA

Toronto - Brazilian Consulate-General 77, Bloor St.

Moscow - Brazilian Embassy, Consular Service Ulitsa

West, Suite 1109, Toronto, Ontario, M5S 1M2,

Bolshaia Nikitskaia, 54, Moscow 121069,

Tel: (416) 922-2503, Site: www.consbrastoronto.org

Tel: (7-495) 363-0369, Site: www.brasemb.ru

47 HOW TO OBTAIN VISAS FOR BRAZIL

Montreal - Brazilian Consulate-General 1, Westmount

USA

Los Angeles - Brazilian Consulate-General 8484 Wilshire

Atlanta - Brazilian Consulate-General 3500 Lenox Road,

Boulevard, Suite 300, Beverly Hills CA 90211,

suite 800, Atlanta GA 30326, Tel: (404) 949-2400

Tel: (323) 651-2664, Site: www.brazilian-consulate.org

e-mail (provisional): consuladoatlanta@gmail.com


Miami - Brazilian Consulate-General 80 SW 8th Street,
Boston - Brazilian Consulate-General 20 Park Plaza,

26th floor Miami, FL 33130, Tel: (305) 285-6200

Suite 1420, Boston MA 02116,

Site: www.brazilmiami.org

Tel: (617) 542-4000, Site: www.consulatebrazil.org


New York - Brazilian Consulate-General 1185 Americas
Chicago - Brazilian Consulate General 401 North

Avenue 21st floor New York NY - 10036-2601,

Michigan Av, Suite 1850, Chicago IL 60611,

Tel: (917) 777-7777, Site: www.brazilny.org

Tel: (312) 464-0244, Site: www.brazilconsulatechicago.org


San Francisco - Brazilian Consulate-General 300
Hartford - Brazilian Consulate-General One Constitution

Montgomery St, Suite 300, San Francisco CA 94104,

Plaza, Ground Floor Hartford, CT 06103, Tel. (860) 760.3100

Tel: (415) 981-8170, Site: www.brazilsf.org

Houston - Brazilian Consulate-General 1233 West Loop

Washington - Brazilian Embassy, Consular Service 1030

South Park Tower North, Suite 1150 - Houston TX 77027

15th Street NW, Washington, D.C. 20005

Tel. (281) 384-4966, Site: www.brazilhouston.org

Tel: (202) 461-3000, Site: www.brasilemb.org

Notes:
LAW

1 This list does not include countries whose citizens do not need to apply in advance for a tourist visa.
2 A full list can be found on the Internet site of the Brazilian Ministry of External Relations: http://www.itamaraty.gov.

48

br/o-ministerio/o-brasil-no-exterior.

17.
ABOUT OUR SPONSOR
CONSULTING AND LEGAL SERVICES
FOR IMMIGRATION

Application for Brazilian identity cards,


driver licenses, work documents and social
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and Consulates;

consultancy firm, established in 1989, has developed a


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Legalization of documents at all Embassies


and Consulates.

executives and their families.

Atene advises clients with respect to the appropriate

Specific services include:

provides legal guidance for companies Human

type of visa for a foreigners stay in Brazil, and


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Temporary visas;

line follow-up via SisAtene, a computerized system

Permanent visas;

process, so assuring speed, efficiency and reliability.

Extension of temporary visas;


Transformation
permanent visas;

of

temporary

visas

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With nearly 50 years experience, CIBT and its subsidiary Visa
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49 HOW TO OBTAIN VISAS FOR BRAZIL

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and passport specialists who offer personalised attention and

For further information, please contact:

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Al. Santos, 2441, 4th floor.

ATENES MISSION

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Telephone: (55 11) 3065-0655

50

LAW

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Provide immigration consulting services based on ethics,

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personalization and confidentiality, adding value for clients.

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Rua Dr. Jos Bonifcio Coutinho Nogueira, 150


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CaMPo GrandE

Rua Hlio Yoshiaki Ikieziri, 34


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CUritiba

Rua Joo Marchesini, 139 Prado Velho


80215-060 Curitiba, PR
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Goinia

Avenida T-63, Qd. 145 Lt. 08/09


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Rua Dr. Placido Gomes, 610


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Av. Dom Pedro II, 861 8 andar


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Avenida Wladimir Meirelles Ferreira, 1525


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SalVador

Avenida Tancredo Neves, 1632


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Rua da Paz, 1431 Chcara Santo Antnio


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ViSit thE how to wEbSitE:


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