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STF's Dean invalidates a ministerial ordinance from the Ministry of Justice that ordered the expulsion of a foreigner man with his brazilian child

Justice Celso de Mello of the Federal Supreme Court (STF) granted a Habeas Corpus (HC) 114901 in order to overrule an ordinance of the Justice Minister, dated 2005, which ordered the expulsion of the country for a Dutch national convicted for drug trafficking. According to the Dean, who had already granted an injunction suspending the ordinance, the foreign citizen has a subjective right to stay in the country for having a Brazilian child with whom he/she maintains a bond of socio-affective coexistence and who is, demonstrably, economically dependent.

The Dutchman was sentenced by the 12th Federal Court of Justice of Fortaleza (CE) to 5 years and 4 months of prison for drug trafficking, having obtained the extinction of the punishment after fully serving his sentence. The ministerial ordinance determining the expulsion was signed in April 2005 and, in June of the same year, his son was born.

Justice Celso de Mello points out that this understanding, up to now prevailing in the Supreme Court, it's in accordance with the treatment of the matter given by the new Migration Law, in force since 21/11/2017.

The Justice stressed that, in addition to economic dependence, another requirement was found capable of preventing, in and of itself, the exclusion: the affection bond between the foreign citizen and his Brazilian son.

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