In a decision published on 21 September 2026, Brazil’s Supreme Federal Court (STF) once again made clear that the power to grant – or refuse – an entry visa lies almost exclusively with the Executive branch. The Second Panel dismissed an appeal that sought to compel the Ministry of Foreign Affairs to issue a visitor visa, citing settled case-law that visa issuance is a discretionary administrative act rooted in Article 84 (VII) of the Constitution. The judgment is important for companies that routinely invite foreign staff, investors and clients to Brazil. While applicants may still challenge refusals that appear discriminatory or arbitrary, the Court emphasised that such objections must first be raised through administrative channels before any judicial review will be entertained. The STF also reiterated that courts will intervene only in exceptional circumstances – for example, where a refusal violates constitutional guarantees of family unity or humanitarian protection. Legal practitioners note that the ruling should curb a recent wave of lawsuits in which applicants tried to use preliminary injunctions to accelerate visa processing. “The message is that migration policy is a matter of state sovereignty; the courts are not a parallel visa office,” said immigration attorney Carla Paiva. For multinationals, the take-away is the need to build realistic timelines into assignment planning and ensure that supporting documentation anticipates any potential red flags. Companies may wish to bolster internal compliance programmes so that last-minute litigation is no longer seen as a viable back-up strategy. Ultimately, the Court’s decision provides clarity that, save for clear abuse of power, the Executive’s visa determinations will stand. Mobility managers should therefore engage proactively with consular posts and consider alternative work-authorisation categories early in the project-planning cycle.
Source: Jusbrasil
