Brazil – Prisoner Pack
Updated 17 April 2023
Chapter 1: Key points
Overview
If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.
This information pack aims to give you, and your family and friends, information about the local system in Brazil and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.
Contacting us
If you are arrested or detained in another country:
-
the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
-
if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
-
friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.
Who we are
Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.
British Embassy Brasilia
Quadra 801 - Conjunto K - Lote 08 Av. das Nações - Asa Sul CEP 70408-900 Brasilia Brazil Phone: +55 (61) 3329 2300
British Consulate-General Belo Horizonte
Rua Fernandes Tourinho, 669/702 30112-000 Belo Horizonte Minas Gerais Brazil Phone: +55 21 2555 9600
British Consulate-General Recife
Av. Agamenon Magalhães nº 4775 - Ilha do Leite CEP 50070-160 Recife Pernambuco Brazil Phone: +55 (81) 2127 0200
British Consulate-General Rio de Janeiro
Praia do Flamengo, 284 - Flamengo CEP 22210-065 Rio de Janeiro Rio de Janeiro Brazil Phone: +55 (21) 2555 9600
British Consulate-General São Paulo
R. Ferreira de Araújo, 741 - Pinheiros CEP 05428-002 Sao Paulo Sao Paulo Brazil Phone: +55 (11) 3094 2700
You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.
.
What we can do
The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.
In Brazil, notification by the authorities to the consulate normally takes place within 24 hours.
We can also:
-
provide a list of local English-speaking lawyers and interpreters .
-
provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
-
provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
-
keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
-
tell the police or prison doctor, with your permission, about any medical or dental problems including medication
-
put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
-
in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
-
help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
-
in some circumstances we may be able to help you apply for a transfer to a prison in the UK
What we cannot do
-
Get you out of prison or detention
-
Help you get special treatment because you are British
-
Offer legal advice, start legal proceedings or investigate a crime
-
Pay for any costs because you have been arrested
-
Forward you packages sent by friends or family
-
Prevent authorities from deporting you after release
First steps
Informing family members
If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.
If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.
Informing the UK police
If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Brazil.
Legal assistance: lawyers
We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers[AG11] . You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.
Consular assistance: fair treatment
We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.
Other organisations that can provide assistance
We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.
Chapter 2: Detention conditions in Brazil
Visits: friends and family
Who can visit and how to arrange visits
You can normally receive visits from family members and friends.
Before travelling to Brazil, all British nationals are advised to consult FCDO travel advice for the latest information on safety and security, entry requirements and travel warnings. Our travel advice can be accessed at: https://www.gov.uk/foreign-travel-advice/brazil
The majority of prisons and penitentiaries in Brazil are under supervision of the State Government. Rules for visitation, parcels and the items detainees are permitted vary from State to State. Please refer to the FCDO for more specific information about each prison.
We advise prospective family visitors to contact us well in advance so that we can inform the prison authorities and work on the visit programme. Consular officers can support a detainee’s family during their first visit to the prison. Subsequent visits are organised by the prison authorities directly with the visiting family member.
In order to receive visitors, you should provide the prison with the names of the people visiting you so that they can be added to the Prison Visiting list (Rol de Visita). We will provide information on visiting procedures and details of what visitors can bring with them, should your family members decide to come to Brazil.
In the majority of prisons, you are allowed to receive visitors on Saturdays or Sundays. Some temporary prisons only allow visits on certain days of the week. Please check with the prison social workers when visits are allowed.
When family members visit from as far away as the UK, consular staff usually try to request additional visitation days in view of the distance your family has had to travel. Any additional days are at the discretion of the prison authorities. Virtual visits between detainees and their families are currently not allowed.
What to expect when you visit
Visit procedures vary greatly between prisons. In general however, visits usually last from 30 minutes to one hour and can happen behind glass or in a communal area. All visitors are required to be enrolled in the visitors list (Rol de Visitas).
What you can take on your visit
Brazil has a large number of prison facilities and the rules about the items detainees may be permitted vary from one prison to another. The rules are also frequently changed. Therefore, families should contact the FCDO in advance of their visit so we can provide an updated list of permitted items.
Visitors should also dress appropriately for a prison visit. For more specific guidance, please refer to the FCDO.
Visits: consular staff
In most cases we will try to visit you every three months. Depending on where you are incarcerated, the regulations of the prison and the availability of staff, some of these visits may be virtual/electronic. During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.
We will attempt to visit you in person in prison at least once per year.
In exceptional circumstances, you can request an extra consular visit directly with the prison authorities and they will contact us. Please note that it is not guaranteed that you will be notified in advance of the visit.
You can write to us at any time on matters that concern you. The addresses and postal codes (CEP) of every British diplomatic post in Brazil can be found at the beginning of this document.
For very urgent matters, it is quicker to ask prison authorities to contact us on your behalf.
Emergency trips outside of prison
You will be escorted by prison authorities for urgent medical treatments that are not offered by the prison facilities.
Police custody and initial arrival at prison
Arriving at the police station: your basic rights
When a British citizen is arrested and detained in Brazil, the Brazilian authorities are required to inform the respective Consulate / Embassy upon the prisoner’s formal request. However, it is not uncommon for us to learn of an arrest informally from friends or family, or the prison social worker.
The day after the arrest you will have a preliminary hearing (audiência de custódia) in a courtroom. The judge will decide whether a bail has been set and if you can be provisionally released. In case you remain detained, the judge will determine where you will be detained until you are sentenced. Usually, an interpreter or translator will be requested by the judge at all court hearings. Exceptionally, if an interpreter is not available, translation might happen with the help of a translation app.
You have the right to call anyone, anywhere in the world, free of charge when you are arrested.
When arrested, the police officer will read you your rights. You have the right to:
-
An attorney. If you don’t have one, the Brazilian state will provide a public defender.
-
A phone call to anyone, anywhere in the world
-
Remain silent and only speak before a judge
For reasons of confidentiality we are not permitted to tell anyone, even your family, that you have been detained or what the charges are without your permission.
If appropriate, we can consider approaching the local authorities if you are not treated in line with internationally-accepted standards.
Appearing at court
After the initial preliminary hearing, your court hearings and sentencing is usually expected to take place approximately three months after your arrest. This time frame can be longer or shorter depending on the nature of the crime you are being charged with. Court hearings can happen virtually in Brazil.
Court hearings usually take up to a few days and a sentence will be made after hearing everyone involved in the process.
Court appointed lawyers are not required to speak English in Brazil. An interpreter can be appointed, but the use of translation applications is not uncommon.
Read more information about the Brazilian judicial system
Initial arrival at the prison
When someone is arrested they are taken to prison in the first instance. Any belongings that are not part of the investigation or taken into evidence will usually be sent to the prison, if the prison has enough space to keep them. Unfortunately it is not unusual for some belongings to go missing right after arrest or during prison transfers.
The British Consulate/Embassy cannot store your personal belongings on your behalf. Passports are usually kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail or evading the country.
Medical checks will be carried out by the prison health department in order to assess if you need any ongoing medical treatments (e.g. blood pressure, diabetes, HIV). After the assessment, the prison health department will provide any medicine needed for your treatment. We are aware of cases where it can take weeks between a medical appointment and the delivery of the medicine. Please raise any issues that this causes proactively.
There is a dress code for prisons in Brazil, which usually requires detainees to wear white shirts or t-shirts and beige pants. Basic toiletries such as soap bars and toothbrushes might be provided by the prison authorities, while other items must be bought at the prison shop or brought by a visitor.
Prison: conditions and daily life
Overcrowding is a problem so you cannot expect a single cell as a matter of course.
After your preliminary hearing, you will probably spend one to two weeks at a provisional detention centre (centro de detenção provisório), until you are transferred to a penitentiary for the remainder of your sentence or remand. Conditions of provisional detention centres are typically considerably worse than the penitentiaries’.
The NGO Human Rights Watch has characterised Brazilian prisons as having “terrible conditions”.
In some states, there are prisons exclusively for foreigners. These tend to have a slightly better conditions than ordinary prisons in Brazil.
Accommodation
In prisons, cells are usually shared. Due to overcrowding, it is difficult to estimate how many people will share a cell, as it depends on the state and the prison.
Beds are usually bunk beds. Sometimes not even a mattress will be available to you. Unfortunately the Embassy/Consulate is not allowed to buy new mattresses; you will need to wait until the prison provides you with one.
Usually, there is a toilet and a shower in each cell. However, their conditions tend to be extremely poor. Items such as televisions and fans can be bought or brought by a visitor and are usually restricted to one per cell.
Food and diet
The prison authorities have assured us that the food they provide is a balanced diet supplying the necessary daily nutritional requirements. A special diet can only be provided on medical (e.g. diabetes, high blood pressure) or religious grounds. This does not apply to vegetarians. You can supplement your diet by buying fruit and other items from the prison shop, when available. Meals usually take place 2 to 3 times a day.
Prisons are expected to have full-time drinking water supply for prisoners.
Hygiene
Showers are available in the cells or in a communal bathing facility. Hot or warm water are not broadly available, and the majority of prisons only have cold water. Basic toiletries, such as soap bars and toothbrushes, are provided by the authorities. You can buy extra toiletries in the prison shop or have them delivered by parcel or brought by visitors.
Work and study
It is difficult for the prison to supply work for all prisoners because there are not enough jobs to go round; for some jobs you will need to speak Portuguese.
If you work you will earn a salary. If you are working for a private company based inside the prison a percentage of your salary will be sent to the prison in order to pay the prisoners who clean the prison.
Study opportunities are also sometimes available; you will need to apply for a vacancy and wait for your name to be called. Some prisons offer language courses, the Brazilian educational curriculum and also professional training. Learning and development opportunities may vary from prison to prison.
Contact and languages
In normal circumstances, there are no restrictions on contact with other prisoners.
Prisoners are not expected to be put in a cell with other English-speaking inmates. Language barriers are common since few to none guards or other detainees will typically speak English. You can request reading materials to learn Portuguese, but classes are not usual.
Phone access to prisoners is illegal, as well as internet access. If you are caught with a phone you will be punished accordingly.
Prisons often have a library with a wide range of books available for inmates; whoever is not working is allowed up to 6 hours per day in the prison patio for recreational activities.
You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).
Exercise
Prisoners are typically allowed up to 6 hours per day in common areas outside their cells. Some prisons offer very basic exercise facilities. Football fields are also somewhat common.
Climate
Brazil is a very large country and the climate depends on the region where you have been arrested/serving your sentence. Southern Brazil is the coldest region in the country, but it is not as cold as the UK. The south-eastern region has mild temperatures in all seasons, while the north-eastern region is usually warmer. The northern region is extremely humid and hot all year round.
Religion
Evangelical Christianity is widespread in Brazilian prisons, with Catholicism also popular. There will probably be evangelical ministers at the prison, some of whom may be prisoners. The Catholic Church in Brazil has a nationwide group of priests that offer special spiritual assistance to prisoners in Brazil:
Pastoral Carcerária
Islam and other religions are not widely practiced in Brazil, so it may be difficult to have representatives of these faiths visit you in prison.
Rules and regulations (including drugs)
Prisons in Brazil are often populated by a large number of members of criminal factions. In some prisons, these groups enforce internal rules that differ from prison ones.
Prison staff can punish certain behaviours through solitary confinement, by firing you from your job or by transferring you to another facility.
The Brazilian judicial system states that good behaviour is a very important factor to be taken into consideration by the judge when analysing sentence progression.
It is common knowledge that drug trafficking between inmates in prisons is widespread. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc) you will be punished accordingly. As a result you may lose your job or school place and might be sent to confinement for a period. Prison authorities don’t usually test prisoners for drugs.
There is a high incidence of infectious diseases inside Brazilian prisons. HIV, viral hepatitis and tuberculosis are common.
Tobacco cigarettes are allowed inside Brazilian prisons.
Prison: access to help and services
Receiving money
There are 2 ways you may be able to receive financial assistance while in prison:
-
Private funds: deposited to you by your family or friends through the FCDO.
-
Prisoners Abroad: If your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials.
The UK government does not provide financial assistance to prisoners.
Private funds
While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money on behalf of your family or friends. Please note that you cannot have cash sent to you in the post.
The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.
We cannot receive payment by credit or debit card, or by cash.
In some states in Brazil, the state prison authority provides the option of an in prison bank account, called “Pecúlio”. You can have up to one minimal wage (approximately R$ 1300.00) on your pecúlio account, and you can use these funds in the prison’s internal shop. However, unless your friend or family member lives in Brazil and is enrolled on the visitor’s list, you can’t have money directly transferred to you. In these cases, they must wire the money through the consulate or embassy. Refer to the annex at the end of this document for more information.
Medical and Dental treatment
While you are detained, the Brazilian state is responsible for ensuring your basic medical needs are met.
Brazil has a universal healthcare system called SUS (Sistema Único de Saúde). Everyone in Brazil, including foreign residents and tourists, has the right to access SUS’ services. Prisons in Brazil are served by SUS and you have the right to access any of its services and medications.
Prisons usually have a general physician to assist prisoners. Dental care is not as usual, and some medical and dental facilities are in poor conditions, where available. In most cases, prisoners won’t need to pay for prescribed medication. However, in some prisons you can use your pecúlio money to buy some types of medication.
Prisoners are usually treated by the prison doctor, but can be transferred to an external hospital in serious cases. Legally, prisons in Brazil need to have a minimum of 5 and up to 11 health professionals in each facility, although this might not be the case all of the time.
Some prisons have a dedicated mental-health-related professional. SUS has the responsibility to cover mental health issues in Brazilian prisons.
In case of medical emergencies, prisoners should inform the prison authorities, who will inform the prison medical team. In these cases, you will be treated in the prison or transferred to a public hospital.
With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.
Letters and parcels
There is usually no limit on the number of letters you may send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Please be aware that the prison might read your letters before forwarding them on to their intended recipient. If you are told you are not allowed to receive letters in English, you should notify a Consular Officer and we can raise this with the Director of the prison.
All letters sent to the Embassy or Consulate are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents. Delays of up to 5 days or more are not unusual.
Our consular staff will reply to your written correspondence within our target of 20 working days (excluding postage time), but only if your correspondence is of what we consider to be a “serious nature”, e.g. if you have a serious health issue for which you need our help or if you have serious concerns for your safety please raise any issues with us during consular visits.
If you would like your family in the UK or elsewhere to email you, then please let them know that they may do so via our team in London. They should call the FCDO’s switchboard telephone number 020 7008 5000 and speak to an officer, who will provide the details. Please ask them to entitle their email with your full name together with the prison where you are detained. We will print and keep these letters and deliver them along with any Prisoners Abroad payments for the next quarter. Messages from prisoners to family and friends can only be sent if you can provide the Embassy/Consulate with an email address. The messages will be forwarded to the families in 20 working days. Please be aware that the Embassy/Consulate will not forward letters from prisoners or their families by post.
You can receive parcels from your family. Rules for sending parcels depend on each state and prison, so please refer to the FCDO before sending anything directly to the prison. Some prisons require that parcels are sent to the Consulate, who will relay the parcel to the prison. Parcels must have the name and details of the sender and the sender must be registered on the visitors list (Rol de visita); otherwise the parcel will be refused.
Telephone calls
Prisoners in Brazil are not allowed to make any phone calls. Prisoners caught with cell phones will be punished accordingly.
Making a complaint about mistreatment
If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.
Chapter 3: Brazil judicial system
Overview
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country’s judicial functions.
It is important for you to know that in Brazil there are two justice systems: Federal and State. The first deals with federal crimes such as international drug trafficking and the second with non-federal crimes such as robbery or manslaughter.
The federal Justice system has four levels:
-
First Instance – Justiça Federal (JF)
-
Second Instance – Tribunal Regional Federal (TRF)
-
Third Instance – Superior Tribunal de Justiça (STJ)
-
Fourth and Last Instance – Superior Tribunal Federal (STF)
The same system applies for the state courts. State justice has the first two levels and after that process will be elevated to the STJ and/or STF
Jury trials usually take place when people are charged on intentional crimes against other’s lives.
The Embassy/Consulate cannot interfere with the Brazilian Judicial system. We cannot ask for your case to be judged more quickly or ask the authorities to waive any penalties. We cannot get you out of prison nor provide legal advice. We can provide a list of English-speaking lawyers.
First steps
What should happen after you are arrested
Once you are arrested, you will be taken to a prison facility; it is possible that you spend a night at an airport holding cell (if you are arrested at the airport) or police station. In some cases, you might be taken to a detention centre, which has slightly inferior standards in comparison to other prisons.
At the moment of your arrest, you should be made aware of your rights; one of them is to have a phone call to speak to a family member. You should inform the authorities if you wish the British Embassy/Consulate to be informed of your arrest.
The officer that arrested you might want to take a statement from you. This must be done with an interpreter or someone who can speak English.
You will be formally accused by the prosecutor’s office (Ministério Público) and if you can’t afford a private lawyer the Brazilian government will appoint a public defender for you.
It is common practice for the police in Brazil to inform the Embassy/Consulate of your arrest. However, it is not 100% guaranteed. Once we are notified of your arrest, we will attempt to make contact within 24hrs. This contact is usually done via an online virtual visit. How soon we visit you in person, will depend on your location, formal clearances and the prison’s procedures.
If you have any questions on the legal aspects of your arrest, you can get that information from the public defender appointed to you, or a private lawyer if you have decided to hire one.
If you decide to hire a private lawyer, we recommend you hire one in country as they are more acquainted with the local laws.
For a list of English-speaking lawyers in Brazil please refer to the ANNEX available in this document.
How long you can be remanded in custody
It is likely that you will remain in custody until your trial. There is no set time for this; from our experience it can take up to 18 months.
Hearings usually take place 3 to 6 months from the date of arrest although in some cases it may be longer. Normally the judge will hear the accused and the witnesses.
In Brazil people 60 years and over, or someone with a serious illness have priority in their judicial procedures.
Prisoners on remand and sentenced prisoners: differences
In theory, sentenced prisoners and prisoners on remand should be kept in different prisons; however, this is not always the case.
In terms of rights and conditions there are no difference between the two types of prisoners.
After you are charged
The courts will inform you, your lawyer/public defender, and the prison authorities of your sentence. If you don’t have a private lawyer, you will be assisted by a public defender who will put forward requests for benefits such as progression to a semi-open regime, parole etc, as soon as you are entitled to them, for more information please refer to page 12.
Bail
Serious crimes like drug trafficking don’t have provision for bail. There are bail provisions for other minor offences such as offending a civil servant, damaging public assets and others. Your lawyer/public defender will be best placed to advise on this matter. Bail might be decided by the police officer in charge of the case and the person will be held until the bail is paid.
In Brazil it is possible to get a temporary identity card while on Bail. This temporary card is issued at a cost by the Federal Police. With this card you can apply for jobs. You need to finance the cost of the application as the Consulate/Embassy is not able to provide financial assistance.
If a detainee on bail finds themselves with no means to support themselves, they will have to seek accommodation and support from public shelters or family members.
The FCDO cannot transfer bail funds.
Trial and legal assistance
Legal assistance: lawyers and legal aid
You are entitled to the assistance of a legal advisor from the time of arrest. A public defender (at no cost to yourself) is appointed by the Brazilian Government unless you wish to appoint your own private lawyer.
If you wish to hire a private lawyer, see our list of English-speaking lawyers[AG52] (ANNEX). Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.
Please note that private lawyers can be very expensive and cannot guarantee your release, but you are free to investigate this option. Neither the Embassy nor the British government will bear the expense of your private lawyer. If you wish to transfer funds from the United Kingdom to Brazil in order to cover legal costs, this transaction is to be processed through your commercial bank in the UK directly to the legal representatives.
Private lawyers will usually ask for an advance payment for their estimated legal fees before taking on a case. Some lawyers in Brazil are also willing to work out a payment plan with their clients.
The costs of a trial may vary from case to case and court will establish who is responsible for paying them.
Trial
On your trial day you will be taken to the court office where your case is being handled. There will be a judge in charge of your case along with the public prosecutor and your lawyer or public defender. If you don’t speak Portuguese, the court will be responsible for hiring an interpreter to assist you during the trial.
Sentences
Sentences vary greatly in Brazil and will depend on the seriousness of the crime and whether it is a State or Federal crime. Your lawyer/public defender will be best placed to advise on length of sentences and on any appeals’ processes.
Please note: In Brazil there is no death penalty.
Appeals
You have the right to appeal against your sentence in the Higher Courts through your lawyer or public defenders. It is usual for public defenders to appeal against your first sentence as a matter of course. However, the appeal process is usually very slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided. In such cases a lawyer’s opinion of the case is strongly recommended before proceeding.
Your legal representative should explain to you what are considered grounds for appeal.
Should new evidence come to light after a person has been found guilty, your lawyer can request through formal means for the original judgement to be reviewed.
It is common to see both the prosecutor and the complainant exercising their right to appeal a judgement in criminal cases.
Reaching the end of your sentence
Reduction of sentence (remission)
For every three days worked or studied, a prisoner may receive a 1-day reduction to their sentence. The remission will only be deducted from the sentence after the judge’s agreement.
Prison authorities are able to provide a formal document stating your detention behaviour and any extra work or study you have undertaken while in custody. This document will be used to deduct time from your final sentence.
Early release
The following are known as “benefits”:
Semi Open
Semi Open is a special regime in which the prisoner can work outside prison during the day and return to the prison at night. In this regime you can apply to spend some time outside prison on special occasions/holidays (temporary leave – see below). This is subject to the prison Semi Open area being available.
Temporary Leave
Temporary Leave consists of authorisation to leave the prison for a maximum of 7 days, usually during public holidays.
Open Regime
The prisoner will serve their sentence outside the prison, with certain restrictions regarding hours and places they can visit; they will have to periodically present themselves to a judge.
Parole
In this regime the prisoner serves the remainder of their sentence outside the prison. Proof of residence in Brazil is needed.
The requirements to apply for any of the above benefits are defined by law and you can find out more information from your lawyer or the prison staff.
You should be aware that when you are outside prison on open regime or parole, any Prisoners Abroad funds you currently receive will cease, and the consulate/embassy cannot support you financially. On top of that you should bear in mind that you cannot leave Brazil before your sentence is finished. Below are the contact details of three NGOs (São Paulo and Rio de Janeiro) that might be able to assist you in case you decide to apply for any of these benefits:
- Pastoral Carcerária Nacional
CNBB Praça Clovis Bevilácqua, 351, conj.501 - Centro - 01018-001 - São Paulo – SP Tel/fax:(11) 3101-9419/(11)3101-6760 - pcr.n@uol.com.br - www.carceraria.org.
- Instituto Trabalho, Terra e Cidadania
Rua Marquês de Itu, 298 – Vila Buarque – 01223-000 - São Paulo – SP Tel: (11) 3331-3355/(11) 3331-4066 - http://www.ittc.org.br/web/
- Fundação Santa Cabrini Largo do Machado, Rio de Janeiro, Rio de Janeiro, 22221 tel:+55 21 2334-3947 - santacabrini.rj.gov.br
None of these benefits are granted automatically; it is your responsibility to apply for them, providing you have served the necessary time in the closed prison. Ultimately it is a judge’s choice to give you these benefits or not. Benefit requests in their vast majority are dealt with by State Judges, since most prisons in Brazil are state run.
Clemency or pardon
In Brazil, pardon/clemency can only be given by the President or his/her delegates such as Ministers, the General Prosecutor or General Federal Lawyer. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record.
Financial penalties
In Brazil there are penalties attached to prison sentences imposed on foreigners. In many instances those penalties are waived by Brazilian authorities, but it is not guaranteed 100%.
Transfer to another prison within Brazil
If you have been tried and convicted, you will be sent to a prison where you can expect to serve your sentence. Transfers are only permitted when there are exceptional and compassionate reasons for doing so.
In some states of Brazil there are specific prisons for foreigners, where you are expected to serve your sentence.
Transfer to a prison in the UK
There is a Prisoner Transfer Agreement between the UK and Brazil.
Prisoner Transfer Agreements (PTAs) allow prisoners to apply to serve the remainder of their sentence in their country of origin/nationality. This enables them to be closer to family and friends in an English-speaking environment and permits them to benefit from pre-release courses available in British prisons.
The prisoner should inform the Consulate of their interest in applying and the Consulate will take the application forward. Please note that the transfer process can be very slow and bureaucratic.
A prisoner does not have an automatic right of transfer. Each request is considered on its individual merits. The UK and the country in which the British prisoner is held have the right to refuse a request.
The basic criteria for eligibility to apply for transfer are:
-
Criminal proceedings in the foreign country must be complete. The prisoner cannot be transferred if they are awaiting trial or the outcome of an appeal;
-
The prisoner must normally have at least 6 months of the sentence left to serve at time of application
-
The offence for which the prisoner was convicted must constitute a criminal offence in the UK;
-
The prisoner must have no outstanding fines (prisoners can start the application process while the fine is outstanding but the fine must be paid before the transfer can take place) or other non-custodial penalties;
-
The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland;Other conditions may apply
For more details about the Transfer Agreement framework please see Annex C.
The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years or if you have no close family living there.
Release and deportation
The expulsion process is a compulsory administrative process that is carried out against all foreigners that commit a crime in Brazil.
Any prisoners released that have an expulsion order issued against them will be transferred from the prison to the detention of the Federal Police, where they might be held under arrest until expelled from Brazil. If the person has the expulsion decree issued and signed, the Brazilian Government will pay for the flight back to the person’s country of nationality. This process can take up to 6 months. If the person wishes to leave Brazil quickly and/or go to another place rather than their country of nationality, the person can pay for the flight him/herself. He or she should discuss this with the prison authorities or with a consular officer. Once a flight has been arranged, the prisoner will then be escorted to the airport by the Federal Police until they are on a plane leaving Brazil.
If the prisoner is released and they don’t have an expulsion order issued against them, they can leave the country at any time at their own expense. The only requirement is for the prisoner to go to the Federal Police to sign a declaration that she/he is leaving the country spontaneously and that she/he is aware that the expulsion process will carry on and at the end the expulsion will be officialised.
Your criminal record in the UK
We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.
Chapter 4: Additional information
Additional Information
Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.
If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:
-
advice on finding emergency accommodation in the London area
-
claiming welfare benefits, including emergency benefit payments if you are destitute
-
making appointments with doctors and dentists
-
putting you in touch with local agencies if you are not returning to the London area
Later on, you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.
Other sources of practical help back in the UK are:
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm
Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:
-
your rights as a prisoner
-
issues that may affect you such as health or transfer to the UK
-
getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
-
learning the language of your country of imprisonment
-
translating documents
-
grants for food if you are in a developing country and do not have funds from other sources
-
grants for essential medicines and toiletries if you do not have funds from other sources
-
preparing for release
-
help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
-
Freepost envelopes to help you stay in touch with others
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH UK
Email: info@prisonersabroad.org.uk
Website: www.prisonersabroad.org.uk
Glossary of terms
Key phrases – English into Portuguese
ENGLISH | PORTUGUESE |
---|---|
Access to file (by Lawyer) | Acesso aos arquivos (pelo advogado) |
Adjudication | Julgando, decidindo |
Administration of justice | Administração da justiça |
Appeal | Recurso / Apelaçao |
Appeal for error | Recurso por erro |
Appeal or complaint | Recurso / Apelo ou reclamação |
Application | Aplicação/Inscrição |
Application forms (prison) | Formulário da prisão (admissão) |
Army | Exército |
Bar Association | OAB |
Blood test | Exame de sangue |
Board of prison governors | Secretaria da Adm. Penitenciária do Estado |
Charge | Pena/Acusação |
Chief Police Officer | Chefe de polícia |
Chief Prosecutor | Procurador Chefe |
Chief Public Prosecutor | Procurador Geral do Estado |
Civil party in criminal trial | Assistência Civil no Julgamento Criminal |
Code of criminal procedure | Código de Procedimento Criminal |
Complaints system | Sistema de reclamações |
Completed file | Arquivo completo |
Compulsory prosecution | Acusação compulsória |
Conjugal Visit | Visita íntima |
Court file reference | Arquivo de consulta do tribunal / Vara |
Criminal code | Código Criminal |
Criminal Court | Vara Criminal |
Criminal prosecution by victim | Queixa criminal pela vítima |
Custody hearing | Audiência |
Custody order | Ordem de Custódia (Prisão CauTelar) |
Danger of interfering with the course of justice | Perigo em interferir com o curso da justiça (ou da investigação). |
Danger of repeated criminal offences | Perigo de reincidência do crime |
Deportation order | Ordem de Deportação |
Duty of obedience | Dever de Obediência / Respeito |
Evaluation of evidence | Avaliação das Provas |
Expert Witness | Perito |
Extradition | Extradição |
Federal Border Police | Polícia Federal (Fronteira) |
Federal Office for the Protection of the | Supremo Tribunal Federal |
Constitution | Constituição |
Federal Police | Policia Federal |
Federal Prosecutions Office | Escritório dos Procuradores da República |
File | Arquivo |
Final public trial | Julgamento Final |
Greater Criminal Court | Tribunal de Justiça |
Guilty | Culpado |
High Court | Corte Suprema / Tribunal |
Higher Regional Court | Tribunal Regional |
Highest Chamber of greater Criminal Court | Superior Tribunal de Justiça |
Imprisonment after conviction | Prisão Após Condenação |
Insubordination to officer | Insubordinação ao Funcionário |
Interpreter | Intérprete |
Investigating Judge | Juiz Investigador |
Judge | Juiz/Juiza |
Judgement | Sentença / Julgamento |
Jurisdiction | Jurisdição |
Juvenile prison rules | Regras para Prisão de Menores (BR - Estatuto da Criança e do Adolescente) |
Law exam | Exame de Lei |
Lawyer | Advogado |
Lay Judges | Juiz Leigo |
Lay Judges Court | Câmara Arbitral |
Legal Aid Lawyer | Assistência Judiciária |
Legal Clerk or candidate for law examination | Contador Legal ou Responsável Pelo Exame de Lei |
Legal remedy | Remédio Legal (Habeas Corpus/ Relaxamento de Prisão/etc) |
Local Bar Association | Associação Advogados – OAB |
Local prison rules | Regras Prisionais Locais |
Local State Court | Tribunal de Justiça Local |
Major offence | Delito |
Master of the pre-trial | Condutor / Juiz do Pré-Julgamento |
Minimal (culpability) | Pena Mínima / Culpa Mínima |
Minister of Justice | Ministro da Justiça |
Minor offence | Contraveçao |
Money earned in prison | Dinheiro ou Salário obtido na prisão |
Notary | Tabelião / Notário |
Officer of the Court | Oficial da Vara/ Tribunal |
Opposition | Oposição |
Penal order | Ordem Penal |
Penal proceeding | Procedimento Penal |
Permit, entitlement | Permissão |
Personal money in prison | Dinheiro Próprio (pessoal) Na Prisão |
Physical examination | Exame físico |
Plaintiff | Autor da ação |
Police assisting Prosecutor | Promotor |
Police Chief Inspector | Inspetor Chefe |
Police Commissariat | Comissário de Polícia |
Police field office | Delegacia |
Police Inspector | Inspetor de Polícia |
Power of Attorney | Procuração |
Preliminary detention | Prisao provisória |
Presiding Judge | Juiz Presidente |
Presumption of innocence | Presunção de inocência |
Preventive detention | Prisão preventiva |
Prison | Prisão |
Prison administration | Prisão administrativa |
Prison Assessment Unit | Unidade prisional de avaliação |
Prison court | Prisão do tribunal / Vara |
Prison Director | Diretor penitenciário |
Prison house rules | Regras internas da prisão |
Prison newspaper | Jornal da prisão |
Prison rule book | Livro ou manual de regras prisionais |
Prison rules regarding supervised visit | Regras prisionais relativas a visitas supervisionadas |
Prison Warder | Carcereiro / guarda da prisão |
Prisoners | Prisioneiros |
Private prosecution | Ação Penal Privada |
Procedural complaint against official | Representação contra autoridade |
Proof of evidence | Prova de autoria ou acontecimento |
Proportionality | Proporcionalidade |
Prosecutor | Promotor público |
Public Prosecutor’s Office | Escritório do promotor público |
Punishment cell | Solitária / Castigo |
Regional State Court | Tribunal regional |
Registered (in State) | Registrado (no Estado) |
Rehabilitation | Reabilitação |
Release | Colocar em liberdade |
Release order | Ordem de soltura |
Remand rules | Regras para prisão preventiva |
Representative of the Local Authority | Representante de Autoridade Local |
Restriction on prosecution of minor offences | Restrição de oferecer denúncia para contravenções penais |
Riot squad | Pelotão de choque/Blitz |
Secret Service | Serviço secreto |
Security | Segurança |
Single Judge | Juiz singular |
Single Judge Court | Vara de justiça |
Small Police Station | Posto policial |
Social Worker | Assistente social |
Special Lay Judges Court | Câmaras arbitrais (Juizes Leigos) |
State officials including prison Warders | Funcionário Público incluíndo Carcereiro |
Statute of Judicial Organisation | Estatuto da Organização Judicial |
Sufficient suspicion | Suspeita suficiente |
Suspended sentence | Sentença suspensa |
Temporary detention | Detenção temporária |
The accused | O acusado |
To buy | Comprar |
To change money | Trocar dinheiro |
To deport | Deportar |
To file an application | Arquivar um requerimento |
Transfer to another prison | Transferir para outro presídio |
Treason | Traição |
Valid or legal | Válido ou legal |
Visit | Visita |
Visiting permit | Permissão de Visita |
Warder | Carcereiro |
Alphabet | Sounds Like |
---|---|
A,a | A; as in cAt |
B,b | B; as in Ba-y |
C,c | Si |
D,d | Day |
E,e | A; as in H(a)y |
F,f | Ef |
G,g | Ji |
H,h | Agar |
I, I | E |
J, j | Jonta |
L,l | Ele |
M,m | Eme |
N, n | Ene |
O,o | O, as in Oha |
P, p | Pe |
Q,q | Ke; as in Ke(ep) |
R, r | |
S, s | Esse |
T, t | Tay |
U,u | Oo |
V,v | Vey |
X,x | Sheez |
Z,z | Zay |
K,k | |
W,Y |
Numbers | Sounds like |
---|---|
1 Um | |
2 Dois, duas | Doyce, Doas |
3 TrÍs | Trays |
4 Quatro | Kwatro |
5 Cinco | Sinco |
6 Seis | Says |
7 Sete | Setch |
8 Oito | Oi-toe |
9 Nove | Novi |
10 Dez | Des |
11 Onze | Onzy |
12 Doze | Dozy |
13 Treze | Trayze |
14 Quatorze | Kwatorzy |
15 Quinze | Kinsey |
16 Dezesseis | Des says |
17 Dezessete | Des a setch |
18 Dezoito | Des oi-toe |
19 Dezenove | Des novi |
20 Vinte | Vinchi |
30 Trinta | |
40 Quarenta | Kwarenta |
50 Cinquenta | Sinkwenta |
60 Sessenta | Sess enta |
70 Setenta | Se tenta |
80 Oitenta | Oi tenta |
90 Noventa | No venta |
100 Cem, Cento | Sen, Sen-to |
1000 Mil, Milhar | Mil, Miliyar |
Food | Comida/Boia (Jargon) | Sounds like |
---|---|---|
Apple | Maça | Massa |
Banana | Banana | Macaca (Prison Slang) |
Beans | Feijão | Fejayo |
Biscuits | Bolacha | Bolasha |
Bread | Pão Marrocos | Pow or Mahox (Prison Slang) |
Cake | Bolo | Bo-low |
Chicken | Frango | |
Coffee | Café | |
Drink | Beber | |
Eat | Comer, Mastigar | Mastikar |
Egg | Ovo | |
Fruit | Fruta | Fruita |
Hungry | Com Fome | Cum Fomme |
Juice | Suco | Sooco |
Meat | Carne | Carney |
Milk | Leite | Leicth |
Omelette | Omeleta or Omelete | Omeletch |
Pancake | Panqueca | Pankweka |
Rice | Arroz | Harroz |
Sausage | Linguiça | Lingwesa |
Sugar | Açucar | Asucar |
Sweet | Doce | Dolce |
Vegetables | Legumes, verduras | Leygum |
Water | Água | |
Cutlery | Talheres | Talieres |
Cup | Xícara | Shikara |
Fork | Garfo | |
Knife | Faca | Faka |
Plate | Prato | Pratto |
Spoon | Colher | Colair |
Good Morning | Bom dia | Bom dee-A |
Good Afternoon | Boa tarde | Bo tardy |
Good Night | Boa noite | Bo noitch |
Day | Dia | Dee-A |
Week | Semana | See Mana |
Month | Mês | Mace |
Monthy | Mensal | Men-sal |
Year | Ano | |
Today | Hoje | Ogee |
Tomorrow | Amanhã | Amiya |
Tonight | Esta Noite | Est a noitch |
Sunday | Domingo | |
Monday | Segunda-feira | Segunda Ferria |
Tuesday | Terça-feira | Tersa Ferria |
Wednesday | Quarta-feira | Kwarta Ferria |
Thursday | Quinta-feira | Kinta Ferria |
Friday | Sexta-feira | |
Saturday | Sábado | Sabadough |
Spring | Primavera | Premavera |
Summer | Verão | Veraum |
Autumn | Outono | |
Winter | Inverno | |
Baby | Bebé | Be(as in best) Bi |
Boy | Menino | Meneno |
Child | Criança | Criansa |
Father | Pai | Pie |
Girl | Menina | Menena |
Husband | Marido | |
Man | Homem | |
Money | Dinheiro | Din aero |
Mother | Mãe | My |
Wife | Esposa | Essposa |
Woman | Mulher | Mulhair |
He | Ele | Elly |
I | Eu | Eo |
Me | Me | |
My | Meu, meus, minha, minhas | Meo, Meuss |
Yours | Teu, tua, seu, sua | Teyoo, Twe-a, Seyu, Soo-a, |
Her | Dela | |
His | Dele | |
Their | Seus, sua, seus | Seyous |
Them | Os, as | Oce, as |
You | Você, Tu | Vosay, Tu |
Yours | Teus, tuas, seus, suas | Teyoos, Two-a, Sooas |
Borrow | Emprestar | |
Close | Fechar | Feshar |
Closed | Fechado | Feshado |
Come | Vir, chegar | Sh-gar |
Door | Porta | |
Give | Dar | |
Here | Aqui | Akey |
Indoors | Dentro de Casa | |
Inside | Dentro | |
Open | Abrir, Aberto | A-berto |
Outside | Fora, Externo, Exterior | |
Run | Corrida | Korida |
Stand | Estar (em pé) | Im pi |
Stay | Ficar | Fecar |
Stop | Pare/Parar | |
Turn | Volte/Voltar | |
Walk | Passear | Passeyar |
Head | Cabeça | |
Hair | Cabelo | |
Eye | Olho | |
Eyes | Olhos | |
Eyeball | Globo Ocular | |
Eyebrow | Sobrancelhas | |
Eyelash | Pestana, Cilios | |
Eyelid | Palpebra | |
Nose | Nariz | |
Nostril | Narina | |
Ear | Orelha | |
Hearing | Ouvir | |
Mouth | Boca | |
First | Primeiro | |
Second | Segundo | |
Third | Terceiro | |
Fourth | Quarto | |
Fifth | Quinto | |
Sixth | Sexto | |
Seventh | Sétimo | |
Eight | Oitavo | |
Ninth | Nono | |
Tenth | Décimo | |
Half | Metade | |
In half | Na metade | |
After | Na sequência | |
Before | Antes | |
Later | Depois | |
Now | Agora | |
Climate | Clima | |
Cold | Frio | |
Heat | Calor | |
Hot | Quente | Kenti |
Rain | Chuva | Shuva |
Shade | Sombra | |
Sun | Sol | |
Sunshine | Luz solar | |
Weather | Tempo | |
Wind | Vento | |
Briefs | Cueca | Kweka |
Clothes | Roupas | Ro-peas |
Pullover | Blusão | Bluson |
Shirt | Camisa | |
Shorts | Bermuda | |
Socks | Meia | Maya |
Trousers | Calça | Kalsa |
“T” Shirt | Camiseta | |
Sandals | Chinelo | Chinello |
Shoe | Sapato | Sap-ato |
Trainers | Tenis | Tennis |
Ashtray | Cinzeiro | Sinzairo |
Book | Livro | Leav-ro |
Cigarettes | Cigarros | Cigaros |
Dry | Secar | |
Lighter | Isqueiro | Isquero |
Pen | Caneta | Can-et-a |
Pencil | Lápis | Laps |
Scissors | Tesoura | Tess-ou-ra |
Soap | Sabonete | Sabonetch |
Soap powder | Sabão em pó | Sabon em pó |
Wash | Lavagem | |
Wash hand | Lavar as maõs | Lava r as maows |
Washing | Lavagem | |
Wet | Molhar | Moliar |
Bucket | Balde | Balge |
Scrubbing Brush | Escova de esfregar roupas | |
Shower | Chuveiro or Ducha | Doocha |
Toothbrush | Escova de Dentes | Escova de Denti |
Toothpaste | Crème Dental, Pasta de dentes | |
Towel | Toalha | Toowalia |
Dream | Sonhar, sonho | |
Rest | Descanso | |
Sleep | Dormir, Sono | |
Sleepy | Cansado | |
Wake | Acordar | |
Bed | Cama, leito | Cama, letto |
Bed Sheet | Lençol | Lensol |
Blanket | Cobertor | |
Mattress | Colchão | Cushion |
Pillow | Travesseiro |
Annex
FCDO guidance: Support for British nationals abroad
https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide
FCDO guidance: Arrested abroad: advice for British nationals
List of English-Speaking Lawyers
Find a professional service abroad - Find a lawyer in Brazil (fcdo.gov.uk)
List of Private Translators/Interpreters
Brazil: translators and interpreters - GOV.UK (www.gov.uk)
Prisoners Abroad Forms
https://www.prisonersabroad.org.uk/arrest-and-imprisonment
Options to transfer funds to British Nationals Overseas via the FCDO
The Foreign, Commonwealth and Development Office operates a service which allows you to pay funds to us in the UK which we will pay out in local currency to the above overseas. The various ways you can pay us are detailed below.
Under the Consular Fees Order of 2016/2017, we are obliged to charge for this service. The fee is dependent on the amount that you wish to transfer as follows:
Amount being sent
Fee
£0.01 - £99.99
£10
£100 - £499.99
£25
£500 and above
£50
When forwarding funds, you should add the above fee to the amount that you wish to transfer. For example, if you want the recipient to receive £150, you will need to send us £175 (£150 to forward plus £25 fee). If other friends and family also plan to transfer funds in the same month, you should consider coordinating payments so you know what FCDO fees to expect. We retain the right to further deduct any local overseas charges we may incur in passing the fees to the recipient.
Should we be unable to pay the funds locally to the recipient, our policy is to refund amounts above £5 to the depositor by bank transfer. In this case, we would contact you for your bank details. Refunds may take several weeks as our internal processes can only start once all relevant costs have been cleared with local authorities.
I hope this clarifies our service for you, but should you have any further questions, please do not hesitate to contact me. Please note that our office in Milton Keynes is only responsible for payments. All correspondence concerning the above named should continue to be addressed to me at the contact details above.
Please note that we can only advance funds to the person overseas once your payment has cleared in our account.
- Electronic bank transfers
Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.
For all bank transfers, you will need to include the following details:
Bank: National Westminster Bank
Account Name: FCDO Multi Vote
Sort Code: 60-70-80
Account Number: 10012362
Reference: FCDO case reference number (which can be found at the top of this letter), surname and initials of the person you are sending the funds for
E.g. CON-1234 Smith J or 11-THB-123456 Smith J
IBAN GB56NWBK60708010012362
SWIFT/BIC NWBKGB2L
You may also need our bank address which is: Government Banking Cst, Po Box 2027, Parklands, De Havilland Way, Horwich, Bolton, BL6, 4YU.
- By Post
Payments by Postal Order, Bankers Draft, Building Society Cheque or personal cheque should be crossed and made payable to “The Foreign, Commonwealth and Development Office”. They should be sent to:
The Cashier
Foreign, Commonwealth and Development Office
PO Box 7654
Milton Keynes
MK11 9NQ
We recommend that you use Special Delivery.
Please ensure that you include a note briefly explaining who the money is for, why you are sending these funds and quoting the case reference number. You may wish to use the payment slip on the next page.
If you would like a receipt, please include a stamped addressed envelope.
Please note that it can take approximately 15 days for personal cheques to clear and for payment to be received. Please write the cheque guarantee number and expiry date, and the case reference number, on the back of the cheque.
We are unable to receive payment by credit or debit card, or by cash.
To: Foreign, Commonwealth and Development Office
Case reference number:
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in:
Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is:
Disclaimer
This booklet was compiled by the Consular Section, Brazil. It is revised on a regular basis.
If any of the information contained in this booklet is incorrect, please draw inaccuracies to our attention so that we can make amendments.
The British Embassy in Brazil is not accountable for the information provided in this booklet. Local proceedings are subject to change at any time.
Thank you.