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United States Department of State / Papers relating to the foreign relations of the United States with the annual message of the president transmitted to Congress December 3, 1907. (In two parts)

Brazil,   pp. 90-118 PDF (11.8 MB)

Page 115

 BRAZIL. 115 
 (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 pub1ic~prosecutor. 
 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. 
 The executive may revoke the expulsion if the causes which determined it
have ceased. 
 The dispositions to the contrary are revoked. Rio de Janeiro, January 7,
1907, nineteenth of the Republic. 
File No. 4517/2—3. 
Ambassador Dudley to the Secretary of State. 
   Fetropolis, June 5, 1907. 
 SIR: I have the honor to forward herewith two copies and a translation of
regulations just promulgated by the President of Brazil providing the procedure
for the enforcement of the Brazilian law for the expulsion of undesirable
foreigners, a copy of which accompanied embassy's No. 90 of January 10, 1907.
 I have, etc., IRVING B. DUDLEY. 
Instructions for the e~secution of Decree No. 1641, of January 7, 1907. 
 ARTICLE 1. The expulsion of the foreigner, from part or from all the national
territory, may take place in the following cases: 
 I. When the foreigner, for any reason, compromises the national security
or the public tranquillity. 
 II. When he has been condemned or prosecuted by foreign courts for crimes
or offenses of a public nature, or when he has been twice convicted by Brazilian
courts for crimes or offenses of the same nature. 
 III. When he is a tramp, mendicant, or practices acts of pandering. (Decree
No. 1641 of January 7, 1907, arts. 1 and 2.) 
 ART. 2. The expulsion provided for in No. I of article 1 may be ordered
by the Federal Government upon all occasions in which the individual shows
himself, in the exclusive judgment of the Federal Government, prejudicial
to the interests of national security or of public order, in any part of
the Union. 
 ART. 3. The condemnation and prosecution by foreign courts is considered
proved, sufficient for expulsion, either in view of the data obtained from
the governments of the countries to which the individuals in question belong,
or in view of certificates thereof, made in due form by proper officers.
 The condemnation and prosecution by Brazilian courts will be proved in this
second manner whenever it is established that definite sentences, passed
to udgement, are treated of. 
 First. Vagabondage and beggary will be proved by the warrant for imprisonment
in flagrant infractions. 

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