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BRAZIL: Brazil has enacted several new Normative Resolutions

Normative Resolution No. 92 was enacted on December 23, 2010, amending Normative Resolution No. 82. The new resolution states that "[w]hen dealing with activities of scientific and technological cooperation, the request for the start of activities and team participation should be addressed to the Ministry of Science and Technology (MCT)."

The application should be filed directly with the consular authority, with a copy of the publication in the Official Gazette that authorized the activity sent to the Minister of State of Science and Technology.

Normative Resolution No. 93 was enacted on December 23, 2010. It provides residence or permanent status to foreigners in Brazil who are considered victims of human trafficking.

The Resolution defines as human trafficking:

The recruitment, transportation, transferring, harboring or receipting of persons, using threat or force or other forms of coercion, of abduction, of fraud, of deception, abuse of authority or position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another for purposes of exploitation.

A visa may be granted for a period of one year to dependents who have proven habitual cohabitation with the victim. Applications for this visa are examined by the Ministry of Justice.

If the applicant wishes to stay in Brazil, he or she must express that intention to the appropriate authorities within 30 days before the expiration of the one-year deadline.

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