Brazil: The military exemption card, whether it would be issued to a person who has already served in the armed forces
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 27 June 2001 |
| Citation / Document Symbol | BRA37096.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Brazil: The military exemption card, whether it would be issued to a person who has already served in the armed forces, 27 June 2001, BRA37096.E, available at: https://www.refworld.org/docid/3df4be16c.html [accessed 19 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information on military exemption is from the Internet website of the Federal Senate of Brazil:
[translation]
DECREE 57654 of 1966-01-20
Regulations under the Military Service Act (Act 4375 of 1964–08–17), as amended by Act 4754 of 1965–08–18.
Article 165 – The competent military authority shall provide a Certificate of Exemption to Brazilians who are exempt from military service. This document shall serve as evidence of military status.
§ 1 – The following authorities are competent to issue a Certificate of Exemption:
1) Commanders, Chiefs or Directors of military organizations of the Armed Forces;
2) Section Chiefs of reserve training centers;
3) Selection-Board Chairmen, where applicable; and
4) Commanders of Military-Police Corporations and Firefighting Corps, in the cases specified in article 11, pursuant to article 13(2) and (4) of these Regulations.
§ 2 – The reason for the exemption shall be typewritten on Certificates of Exemption issued because of permanent physical or mental disability ("Disabled C"), whether at the time of selection or in the course of military service. The reason shall be stated using one of the following expressions in quotation marks:
1) "due to physical disability" in the case of persons with an infectious/contagious disease or severe mental disturbance;
2) "due to physical unfitness for military service, but capable of performing civilian activities"; or "due to physical unfitness for military service," when the individual cannot perform civilian activities.
§ 3 – One of the following items of this paragraph shall be typed out in full, in the case of Certificates of Exemption issued for moral unfitness, in peacetime, in accordance with the reason for exemption:
1) for serving a sentence for a criminal offence at the time of call-up (for example: "for falling under article 165(3)(i) of the Military Service Regulations");
2) for unfitness to join the Armed Forces, as determined at the time of selection (for example: "for falling under article 165(3)(ii) of the Military Service Regulations").
§ 4 – In the case of rehabilitated individuals, the Certificate of Exemption shall be replaced with the certificate to which they are entitled.
§ 5 – Certificates of Exemption shall be delivered as soon as possible, with those of expelled servicemen being delivered in the act of expulsion.
On 20 June 2001 an official at the office of the Brazilian Military Attaché in Washington, DC, stated the following:
The Brazilian military service is performed on a conscription basis; thus, we do have a document named Certificado de Dispensa de Incorporação, which could be translated as "military exemption card."
Contacted by telephone, the official stated that Certificado de Isenção (which is the document referred to in the Brazilian legislation quoted above, where it is translated as "Certificate of Exemption"), could also be translated as "military exemption card" (21 June 2001). The difference between a Certificado de Dispensa de Incorporação and a Certificado de Isenção is that the former is issued to persons who could serve in the armed forces, but who are not needed because the armed forces already has conscripted enough people from their age group; the latter (Certificado de Isenção) is issued to persons who are for some reason unfit for military service, and are for that reason exempt from service (ibid.). Neither document would be given to a person who has already served in the armed forces (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Brazil. 20 January 1966. "Decreto No 57.654: Regulamenta a Lei do Serviço Militar"
Embassy of Brazil, Washington DC. 21 June 2001. Telephone interview with an official.
_____. 20 June 2001. Correspondence.
