In the past, Brazil has had a rather relaxed attitude to overstaying on visas. Recent legislative change in the country has brought this era to a close, with financial penalties for overstaying increasing considerably, as of mid 2017.
Overstaying your tourist visa can happen in two cases:
- You’ve stayed beyond the 90 [or whatever they give you] days initially granted on your arrival card, or the 90 days granted by your extension.
- You’ve stayed in excess of 180 days during your 1 year period.
In the past, you would have been fined R$8.28 per day that you overstay, with the maximum fine being R$828. However with the new Lei da Migração, the fine is now R$100 per day, and the new maximum fine is now R$10,000.
The fine will be issued to you when you go to the Policia Federal for your permanent residency appointment. You need to pay the fee, and your immigration status in Brazil reverts to normal again. The fact that you now have a Brazilian child means that the slate is wiped clean straight away.
However, if you overstay your visa and you do not have a claim to permanent residency (i.e. if you aren’t the parent of a Brazilian child or you do not have a Brazilian spouse, etc.) then you are issued with your fine as you leave the country. You do not have to pay the fine until you want to re-enter Brazil next time you travel. Please note, tourists are allowed a maximum stay in Brazil of 180 days in a one-year period, so you need to stay outside of the country for enough time for the clock to reset.