File No. 4517/–1.
I beg to call your attention to article 3 of the law, whereby it appears
that a foreigner who has resided two years continuously in Brazil, has
married a Brazilian, or is a widower with a Brazilian child, can not be
expelled.
[Inclosure.—Translation.]
Decree No. 1641, of January 7, 1907.
Regulations concerning the expulsion of foreigners from the national
territory.
The President of the Republic of the United States
of Brazil:
I make known that the National Congress has decreed, and I sanction,
the following resolution:
Article 1.
The foreigner who, for whatever motive, should compromise the
national safety or public tranquillity, may be expelled from a part
or the whole of the national territory.
Article 2.
Are also sufficient causes for expulsion:
- 1.
- The condemnation or action by foreign tribunals for crimes
or offenses of a common nature.
- 2.
- Two condemnations at least, by Brazilian tribunals, for
crimes or offenses of a common nature.
- 3.
- Vagrancy, beggary, and pandering, when competently
proved.
Article 3.
A foreigner can not be expelled when he has resided two years
continuously in the territory of the Republic, or for a lesser time
when he is:
- (a)
- Married with a Brazilian.
- (b)
- A widower with a Brazilian son.
Article 4.
The executive can impede the entrance to the territory of the
Republic to every foreigner whose antecedents authorize him to be
included among those to whom articles 1 and 2 refer.
(Sole paragraph.) The entry can not be forbidden to a foreigner in
the conditions of article 3, if he should have temporarily retired
from the Republic.
Article 5.
The expulsion will be individual and in the form of an act, which
will issue from the ministry of justice and of the interior
Article 6.
The executive will annually give an account of the execution of the
present law to Congress and give it the names of each expelled
person, stating his nationality. It will also give an account of the
cases in which it refused to accede to the demands of the state
authorities and the reasons for the refusal.
Article 7.
The executive will by an official note inform the foreigner whom it
has decided to expel of the reasons for the decision and will
concede to him a period of three to thirty days in which to retire.
It may also, as a measure of public safety, order his detention
until the moment of departure.
Article 8.
Within the period that may be conceded to him, the foreigner may have
recourse to the proper authority which ordered his expulsion, if
this (expulsion) is founded on the dispositions of article 1, or to
the federal judicial authorities when (the expulsion) results from
the dispositions of article 2. Only in this latter case will the
appeal have a suspensive effect.
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(Sole paragraph.) The appeal to the federal judicial authorities will
consist in the proof of the falsity of the alleged reason, made
before the sectional judge with the presence of the public
prosecutor.
Article 9.
The foreigner who should return to the territory whence he has been
expelled will be punished with a sentence of from one to three
years’ imprisonment, in a suit prepared and judged by the sectional
judge, and after the sentence has been fulfilled he shall be once
more expelled.
Article 10.
The executive may revoke the expulsion if the causes which determined
it have ceased.
Article 11.
The dispositions to the contrary are
revoked. Rio de Janeiro, January 7, 1907, nineteenth of the
Republic.
- Affonso Augusto Moreira
Penna.
- Augusto Tavares de
Lyra.
