Two companies (ships) could not obtain the permission for two employees to stay in the country as members of the crew, working in submarine constructions at Bacia de Campos. The sixth panel of the Regional Federal Court upholded a decision in a writ of mandamus against the Federal Police. The judge determined the departure of the employees and the payment of a R$ 67.048,02 penalty fee. The companies argued that the hiring of these foreign employees were due to the fact that they are specialized in their functions and because the hiring process met all requirements made by the Immigration Council. However, the Federal Superior court judges understood that the Resolution 31/88 and the Recommended Resolution 1/9 of the Immigration Council are in disagreement with the Foreign Status (Law 6.185/80). To enter the country as a temporary employee, the Brazilian Consulate must grant an appropriate visa. The work authorization is a required condition for the visa concession, and does not allow the entry or stay in the country.
(Proc. nº 2002.51.01.490226-1)