The Right of the Foreigner and the Institutional Principle of Equality

Abstract

Constitutional principles are the guidelines of the Brazilian Constitution and all internal juridical ordering. The principle of equality or isonomy is one of the main constitutional principles on the equality of all before the Law, with no exceptions whatsoever. The principle applies to foreigners too. Specific laws exist in the case of the foreigners that regulate staying in the country, prohibitions to some rights determined by the Constitution and frequently by ordinary Federal, State and Municipal law. Although the Law foresees equal treatment between Brazilians and foreigners, the latter may not be civil servants and thus discrimination exists under the guise of the legality of Specific Law, due to a gap in the Constitution. A new evaluation is required on constitutional principles and their application towards the foreigner as the Constitution states in its introduction.