Brazilian Federal Government allows entry of foreign visitors traveling by air

In order to prevent the spread of the coronavirus (COVID-19), the Brazilian Federal Government has restricted the entry of foreign travelers into Brazil by assorted modes of transport since March. After multiple extensions of the restriction, authorities have now eased these measures to allow the entry of foreigners by air.

Ordinance No. 1 of July 29, 2020, enacted by the Brazilian President’s Chief of Staff and the Ministers of Justice and Public Security, Infrastructure, and Health, provides for exceptional and temporary restrictions on the entry of foreigners of any nationality into the country. The measure, based on the recommendation of the Brazilian Health Regulatory Agency (Anvisa), extends by 30 days the restriction on the entry of foreigners by waterway, roads, and other means of transport on land.

Per the new policy, entry into Brazil is allowed for:

• Brazilians, born or naturalized;
• cargo transportation;
• permanent residents of Brazil;
• spouse, domestic partner, son or daughter, father or mother, or caregiver of a Brazilian citizen; and
• foreigners in mission directed by international organizations, as well as foreign officials accredited by the Brazilian Government.

As the deadline in Ordinance No. 1 approached, the Federal Government extended the restrictions to 30 days, through Ordinance No. 419, of August 26, 2020, and once again through Ordinance No. 456, of September 24, 2020, for an additional 30-day period. Although Ordinance No. 456 has been revoked a few days after its publication, it was replaced by Ordinance No. 470, of October 2, 2020, which maintained the restrictions in effect for a period of 30 days.

Softening of restrictions

Unlike the previous restrictions announced since March, the Federal Government allowed the resumption of the entry of foreign visitors by air. However, the entry into the national territory is conditioned to the fulfillment of certain requirements.

It is necessary, for example, to hold a visa (when applicable).

Until early October, it was  required to previously purchase health insurance valid in Brazil covering the entire stay, limited to a 90-day period. The passenger had to present proof of the insurance to the airline when boarding, under penalty of having its entry into Brazil denied.

In this regard, Ordinances No. 419 and No. 456 had established minimum health insurance requirements, such as a validity period corresponding to the trip’s schedule, minimum coverage of BRL 30,000, and be signed in Portuguese, Spanish, or English. However, the publication of Ordinance No. 470 withdrew the requirement to purchase insurance, although it maintained the entry of foreigners conditioned to the compliance with applicable migration requirements.

Although the policy includes the busiest airports in Brazil, Ordinance No. 1 still prohibited international flights arriving at the states of Mato Grosso do Sul, Paraíba, Rondônia, Rio Grande do Sul, and Tocantins. Nevertheless, the aforesaid restriction can be reviewed by Anvisa. Ordinance No. 419 maintained this exception and included in the list airports located in Goiás and Roraima. In addition, the rule removed the ban on international flights arriving in Paraíba and the possibility of a review of these restrictions by Anvisa. Ordinances No. 456 and No. 470, in turn, removed the restriction on points of arrival, authorizing the entry of foreigners by air into all states of the Federation.

History

A few days after the World Health Organization declared the pandemic, on March 11, 2020, the Federal Government had already signaled that it would proceed with the closure of borders for the entry of foreigners. At first, Brazil restricted the entry of foreigners from neighboring countries, by road or other means of transport on land. The entry by air was restricted only to passengers coming from selected countries and epicenters of COVID-19, among them the members of the European Union.

Still, in March, authorities extended the restriction on entry by air to any foreigners, regardless of nationality, including foreign passengers in international transit, when the countries of destination did not allow their entry. At the end of May, the Government began to issue ordinances with broader wording to include foreigners of any nationality entering Brazil by air, road, land, or waterway.

Usually established for periods of 15 to 30 days, the restrictions are being extended until now, and the policy for foreigners to enter by air is the first step taken by the Brazilian authorities towards the softening of restrictions.

Click here to see the evolution of the rules containing restrictions on the entry of foreign visitors.

For further information, contact the Mattos Filho Aviation practice.