Immigration
The company kept my passport: what do I do?
Withholding a worker's documents is prohibited in Brazil. Ask for them back in writing; go to the Public Defender, the MPT, the Federal Police or Dial 100.
bairogonzalez.com team, drawing on Bairo's story · Published
Being without your own passport in a foreign country feels like someone is keeping your freedom in a drawer. The fear of losing your job, your visa and your dignity makes many people accept it in silence. You don't have to accept it.
What to do now
- Know that this is not allowed. In Brazil, withholding someone's identity document is prohibited (Law 5,553/1968), and the Penal Code (art. 149, §1, II) sets penalties for anyone who takes a worker's documents to keep them at the workplace; art. 203, §1, II, punishes anyone who prevents someone from leaving a job by withholding their documents. You are the victim, not the offender, whatever your migration status.
- Ask for it back in writing. Send a message or letter asking for the document back and keep the reply, or the lack of one. That becomes evidence.
- Gather evidence carefully. Messages, witnesses, contracts, receipts, photos. Don't put yourself at risk to get them.
- Seek specialized help. - Federal Public Defender's Office (DPU): free legal assistance to migrants. - Labor Prosecutor's Office (MPT): receives reports of labor rights violations, including confidentially. - Dial 100: the national human rights hotline, free of charge. - Federal Police: to report the situation and handle your migration documents.
- Talk to your country's consulate. It can issue a new passport or a travel document and advise you on your rights.
- If you are in danger, call 190. Threats, confinement or violence are a police matter, immediately.
- Seek shelter and support. Migrant support organizations, such as Caritas and the Catholic migrant ministries, help with shelter, food and guidance while the case is resolved.
This page is general guidance. The Public Defender or a lawyer will assess your case.
When it happened to Bairo
Bairo Leandro Gonzalez Martinez says he arrived in Brazil in 2002, brought by an education company, to take a management position. One day, he wanted to follow his own path and leave the company. That was when he discovered how an immigrant can lose the ground beneath him: without documents in hand, far from home and afraid.
Hard years followed, with no direction and no network, as for so many immigrants. He sums up that time in one sentence: the sun is for everyone, but shade, in the heat, is for the few.
He didn't give up. He started over from zero, with his partner by his side, and built, step by step, the life he has today.
The path
No one has the right to hold on to your identity. The document is yours, the story is yours, and the law is on your side. Bairo's path shows it is possible to come out of the shadows and build in broad daylight. The first step is telling the truth to those who can help. Do it today.
If you're afraid to report because you have no documents, know that the Federal Public Defender's Office serves migrants in any situation, and that the channels for reporting rights violations exist precisely to protect the victim. Don't wait for things to get worse. The sooner you seek help, the easier it is to get your document back, receive what is yours and move on safely.