Restrictions of foreigners’ right to access public service positions in Rio Grande do Sul: xenophobia or legislative delay?

Abstract

This paper addresses the persistence of restrictions on foreigners’ access to public service positions, even 25 years after the enactment of Constitutional Amendment No. 19 of June 4, 1998, which equalized Brazilians and non-nationals in this regard. It aims to investigate the factors that currently explain the non-implementation of this right by most entities of the Public Administration within the geographic space of the State of Rio Grande do Sul, based on two hypotheses: simple legislative delay and xenophobia. To achieve its objectives, the article provides a historical context of how Brazilian nationality came to be a constitutional requirement for access to public positions and the subsequent abandonment of this practice. It then maps the current state of the right of foreigners to access public positions and, finally, presents the results of field research conducted in the most populous municipalities of the state, pointing out possible ways to overcome the issue. The findings indicate a general scenario of legislative delay, both due to a lack of demand from the affected community and the absence of prioritization of the matter by local administrations.