Brazilian nationality law

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Brazilian nationality law is based on the principle of Jus soli. As a general rule, any person born in Brazil acquires Brazilian citizenship at birth, irrespective of status of parents. Nationality law is regulated by Article 12 of the Brazilian Federal Constitution.

Contents

[edit] Birth in Brazil

Any person born in Brazil acquires Brazilian citizenship at birth. The only exception applies to children of persons in the service of a foreign government (such as a foreign diplomats).

[edit] Natural Brazilians born abroad

Brazilian law considers as Brazilian citizens people born abroad in two cases:

  • a person born outside Brazil of a Brazilian parent who is in the service of the Brazilian government; and
  • a person born outside Brazil of a Brazilian parent, provided that that person either be registered with a Brazilian consular office or later move to Brazil and confirm one's citizenship before a federal judge.

Between 1994 and 2007, registration with a Brazilian Consular office did not confer Brazilian citizenship. As of September 2007, a constitutional amendment reinstituted consular registration as a means of acquiring Brazil's citizenship.

[edit] Naturalization as a Brazilian citizen

Foreigners may apply for Brazilian citizenship if they meet the following criteria:

  • permanent residence in Brazil
  • fifteen years of uninterrupted residence in Brazil[1]
  • ability to speak and write Portuguese
  • sufficient personal or family resources to support themselves

The residence requirement may be reduced in certain circumstances:

  • only one year's residence is required for those who have a Brazilian spouse, parent, or child
  • for nationals of Portuguese-speaking countries, one year's residence is required
  • those with "professional, scientific, or artistic ability" may apply after two years
  • persons of higher net worth may apply for Brazilian citizenship after 3 years
  • relevant services to the country

[edit] Loss of Brazilian citizenship

Since 9 June 1994, acquisition of another country's citizenship should not cause loss of Brazilian citizenship. Those who lost Brazilian citizenship before that date may be able to apply for reinstatement.[2]

[edit] Dual citizenship

Dual citizenship has been permitted in Brazil without restrictions since 1994. However, all Brazilian citizens must enter and leave Brazil on a Brazilian passport.

[edit] Military service

Male Brazilian citizens have a 12 month military service obligation, unless the citizen has a physical or psychological condition (though registering for the army is mandatory, most people do not serve).

[edit] References

[edit] External links


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