The
Brazilian commercial aviation is currently one of the most restrictive in
the world with respect to the entry of foreign professionals.
In
accordance with Articles 156 to 158 of the Brazilian Aeronautical Code – Law n.°
7.565, dated from 19/12/1986 – only native and naturalized Brazilians may
exercise the function of flight crewmembers on board of Brazilian aircraft.
Under the
Brazilian Constitution and the Treaty of Friendship between Brazil and
Portugal, Portuguese citizens may also exercise such functions since they have
the status of equal rights.
Therefore,
foreigners of other nationalities - and Portuguese citizens who do not benefit
the status of equal rights - may only exercise this function without
remuneration on board of private aircraft service.
In an
exceptional situation, and depending on prior decision by the ANAC - National
Civil Aviation Agency - may be admitted foreign instructors as crew for a
period not exceeding six months, in case of lack of Brazilians crewmembers.
However,
this scenario may soon suffer a radical change, since is in progress in the
House of Representatives a bill that provides a new wording for Article 158 of
the the Brazilian Aeronautical Code. This is the PL n. ° 6716/2009, through
which it seeks to amend the Article 158.
This means
that after the legislative process, entering the bill into force as law, the
restriction on hiring foreign crewmembers, especially pilots, becomes less
tight, since, on the one hand, no longer subject to the previous scrutiny of
ANAC, and secondly, the foreign crewmembers may be hired for periods up to five
years.
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