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Haiti - FLASH : Brazilian justice renders a decision that favors the family reunification of Haitians
17/12/2022 08:42:15

Friday, December 16, 2022, the Superior Court of Justice of Brazil (STJ), confirmed that Haitians will be able to reunite with their families in Brazil, but that they will need a precautionary measure granted by Brazilian justice, without the need of a prior visa.

This was decided by the STJ, which again allowed trial judges to reissue precautionary measures to Haitians with whom they can enter the South American country, provided that it is truly case of family reunification.

The granting of these measures, which largely analyze the requests of parents who have emigrated to Brazil and want to bring their children who have remained in Haiti "was prohibited since last year", recalls the STJ.

The origin of this judicial decision stems from an appeal by the Brazilian State against the justice of Santa Catarina (South), which had authorized the entry of Haitians by precautionary measures. The Brazilian State alleged that this "interference by the judiciary was causing difficulties for the public administration" while the State had not detected any problems in the visa granting system at the Brazilian Embassy in Port- to the Prince.

However, the Special Court of the STJ considered that “the principles adopted in favor of children and adolescents, as well as the family, justify” that the judges can analyze the applications for entry into Brazil.

Maria Thereza de Assis Moura, President of the STJ, underlined the importance of the right to "family coexistence" recalling that the "vast majority" of applicants "are minors seeking to reunite with their parents living in Brazil."

However, to obtain a favorable judicial decision, Haitians will have to "exhaust all attempts to resolve the problem administratively" and demonstrate that this is really a case of family reunification.

Sources from the STJ clarified that "without a prior judicial decision, it is impossible to enter Brazil". Normally, in this type of case, the legal process is initiated by a representative, which is usually the parent who is already in Brazil, recalling "You will only have an entry permit if you obtain a precautionary measure."

S/ HaitiLibre