The committee for Foreign Relations and National Defense approved this Wednesday (12) the Bill 4029/08 by Deputy Carloz Bezerra (PMDB-MT), revoking diverse prohibitions foreseen in the Law 6.815/80 that defined the legal situation of foreigners in Brazil. The bill was approved in substitutive form and was presented by rapporteur, Deputy Claudio Cajado (DEM-BA).

The new text, among other points, authorizes foreigners of liberal professions to dispute elections for the composition of professional councils. Before, foreigners were prohibited to participate in any administration or trade unions or professional associations, in addition to any fiscal entity that pertained to the regulated performance of the profession.

According to the new rules, the foreigner will still be able to:
- be an owner, assembler or commander of a national ship, except for fishing;
- be an owner or explorer of a Brazilian aircraft;
- be a broker for ships, public funds, auctions, or customs houses
- harbor pilot for bars, ports, rivers, lakes and canals;
- possess, maintain or operate, even as an amateur, radio diffusion devices, from radio telegraph and those similar, except for treatment reciprocity.

For Portuguese citizens, the substitution permits citizens to run journalistic, television and radio diffusion companies.

Incompatibility
In Claudio Cajado’s evaluation, it is necessary to revoke all of the restrictions to work incompatible with the Constitution.

“The Constitution foresees equality of treatment, assuring Brazilians and foreign residents in the Country guaranteed and fundamental rights. “In which specifically refers to workers’ rights, the Constitution says that the exercise of any work, trade or profession is free, in accordance with the professional qualifications that the law may establish.

“It can be concluded that the law will be able to establish criterion for the exercise of determined professions, however never will it restrict professional exercise to foreign residents,” evaluated the rapporteur.

Procedure
The project is now concluded and will still be analyzed by the Committee on the Constitution and Justice and Citizenship.

Reporting - Noéli Nobre
Editing - Natalia Doederlein
Translation - Grupo Solucion-SP Language/Patrick Richard Swan