The Northern Central Administrative Court rejected an appeal by SEF and confirmed the decision of the Braga Administrative to suspend the expulsion of a Brazilian citizen, who never left Portugal, due to the interposition of a precautionary measure.
The immigrant had been arrested, in December, with seven other women, in a police operation at Residencial Cairense in Braga. Now, her defense lawyer, João Magalhães, who also represents another Brazilian citizen detained in the same night in Cairense, asked the judge to cancel the obligation for the two to report weekly to the PSP.
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In the application, the lawyer recalls that, and as MINHO reported, the Braga Administrative had already considered, in his sentence, that it was not proven that the woman worked in the alternate or in prostitution since she was found drinking coffee in that hotel.
The Northern Court, the second instance, confirmed this version and says that the SEF expelled it on the basis of “mere conjectures, not demonstrated and only with indicative evidence”.
Although the lawyer does not specify it, the truth is that, if the measure of coercion of weekly presentations in the Police is not revoked, the two immigrants will have to travel there for several years, since, as is known and it is not foreseen that has a change in the short term, a process in the Tribal Administrative of Braga can take six to ten years to be decided, due to lack of judges and rooms.
“It is unacceptable and inconceivable that the Portuguese State and the Court continue to treat the Claimant here, as a prostitute. When, in fact, it has a Judgment from the Administrative Tax Court of Braga and a Judgment from the Central Administrative Court of the North, which undeniably proves that it is not in Portuguese territory to prostitute itself. Yes, finding himself looking for a job, trying to stabilize himself professionally and economically ”, reads the application.
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