Lawyers have reported that the AIMA agency responsible for legalizing foreigners has not complied with court orders for about a month. They consider this an attack on the fundamental rights of immigrants.
AIMA is ignoring court orders, further worsening conditions for immigrants. A key principle of the rule of law is that state institutions must follow judicial decisions, but the Agency for Integration, Migration, and Asylum (AIMA) has failed to do so, neglecting court rulings.
According to lawyers, this situation has escalated because AIMA has not been responding to immigrants' requests to regularize their documents. Left with no choice, many immigrants have turned to the courts. "We had to file court petitions against AIMA for failing to schedule appointments or respond promptly to immigrants," explains lawyer Vera Matos Pereira.
She notes that the legal process is typically swift. "Once a lawsuit is filed, the judge quickly rules, giving AIMA seven days to respond. Until the end of July, AIMA would usually respond to the court’s summons, often by scheduling a hearing," she says.
However, about a month ago, the agency's approach shifted. "Since July, courts have been processing cases quickly, but AIMA has not been responding. In some instances, the agency has delayed its response by up to a month," Pereira adds.
She isn't sure how many cases have gone unanswered by AIMA. "It's about following the law. Even one case where AIMA doesn’t respond is significant. I have at least three cases without any reply," she says.
Another lawyer, Cátia Neves Tavares, has even more unanswered cases. "We have 10 cases where AIMA was cited, and in all of them, we haven’t received any response. AIMA had 10 days to reply, and it’s been over a month," she points out.
Tavares says all these are urgent cases, meaning they are being handled even during judicial holidays. Six involve family reunifications, and one is for a Golden Visa, where the investor needs to provide biometric data (photo and fingerprints) to proceed with obtaining a residence permit.
"What’s happening is disgraceful. I have family reunification cases involving European citizens married to Brazilian women. I also have a Frenchman married to a Moroccan woman and another married to an Algerian woman. They can’t travel with their wives because they lack residence permits. This lack of documentation limits their freedom of movement," Cátia emphasizes.
Denied Healthcare
AIMA’s delays are also endangering lives. "I have a pregnant client who was denied prenatal care because the hospital said she didn’t have the right to access the healthcare system based solely on her expression of interest," says lawyer Izabella Schroeder.
With five lawsuits pending against AIMA, Schroeder states that the agency’s disregard for court rulings goes beyond not responding to summonses. "When the agency is summoned, they must provide a response and the person’s case file. They neither reply nor submit the required documents," she explains.
AIMA's failure to comply with court decisions affects more than just freedom of movement and healthcare access. "I have several clients who can’t change jobs, and another client who came for a PhD and still hasn’t been able to schedule an appointment," adds Schroeder.
Fines
Schroeder warns that AIMA will face consequences for disregarding court orders. "We will notify the courts about the lack of compliance, and the courts will impose fines for missed deadlines," she says.
The fines will not only impact AIMA as an institution. "AIMA will hold the responsible individuals accountable for not complying, and they will be charged. However, it’s not just the employee who will face consequences; AIMA is also responsible," she concludes.
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