Brazil has a lot of interest in promoting cultural events from abroad, so there are great incentives for entities to bring foreign artists to Brazil. In this article we will look at the legal requirements for foreigners who wish to run a cultural performance in Brazil.
Among the entities that promote cultural diversification in Brazil there is the Social Service of Commerce, known as SESC. It is a private entity that partners with both public and private institutions, serving as a curator of cultural performances.
The SESC curators group get in touch with foreign artistic companies and provide the spaces for performances, advertising and technical support. In Brazil, there are also many specialized event producers that can assist you with running your performance.
There are two main requirements necessary for a foreign artist to perform in Brazil, which are the visa and the labor union fee.
Foreign artists who come to Brazil to perform in an event for a short period of time must apply for a temporary visa for artists. This visa is for foreigners who are not employed by individuals or companies in Brazil. In other words those that are not under a Brazilian labor contract system.
Brazil requests visas based on the principle of reciprocity given to Brazilian citizens. The visas will only be required for artists from countries where a Brazilian is required to get a visa to visit that country.
The visa for artists is also valid for technicians and other professionals that assist with the overall production. The artist visa does not apply to participants of art contests that will not receive payment from a Brazilian source. In these cases of unpaid work, a tourist visa is sufficient.
The visa application must be made directly by the applicant at the Brazilian Consulate located in the country of residence, who must submit a letter of invitation from the organizers of the event in Brazil. After requesting the visa in the Consulate, the application needs approval from the Ministry of Labour and Employment for the contracting company or entity in Brazil.
Among the necessary documents to obtain the visa is the contract made between the artist and the Brazilian company that invited the foreigner to Brazil. The contract must show the termination date and type of service being done. It must also present the locations, days and schedule of the performances, in addition to submitting the payment amount and its method.
If the authorization is for a group of artists, the contract should also contain a list of the group members, with their names, nationalities, passport numbers, issuing government, passport validity and function to be exercised by each member. The term of the artist visa is ninety days, but it can be extended.
Labor Union Fee
To hire artists and technicians for entertainment shows, besides the visa, the foreign contractor must follow special requirements to regulate their work in Brazil, even if it is temporary.
The contracts between the foreign artist and the contracting company in Brazil must be registered with the Regional Office of Labour and Employment of each state where the hired artist is going to perform. The registration must be done at least a day before the presentation.
The contract will first be reviewed by the Immigration’s General Coordination of the Ministry of Labor and also by SATED, which is the labor union for artists and technicians for entertainment shows. However, when the foreigner is a musician the contract will be reviewed by the Order of the Musicians of Brazil, known as OMB.
The contract will only be registered upon receipt of a payment of 10% of the total value of the contract. This fee must be paid to the public bank Caixa Econômica Federal. In the case of hiring foreign musicians, payment must be made at Banco do Brasil, 5% of this fee goes to the Musicians Labor Union and 5% to OMB.
There are around 50 professions in the artistic area that are regulated by SATED, among them are:
- Circus performers
- Sound technicians
- Costume designers
Professions regulated by the Musicians Labor Union and OMB are:
- Classical or popular music composers
- Music conductors
- Artistic directors of orchestras or popular groups
- Musicians of all genres and specialties
- Singers of all genres and specialties
- Private music teachers
- Music tutors
- Directors of lyrical scene
- Arrangers and orchestrators
- Music copyists