Brazilian nationality law

Brazilian nationality law

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.

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 (like foreign diplomats).

Brazilian citizenship by descent

Though based for the most part on the principle of "Jus soli", Brazilian law authorizes the acquisition of Brazilian citizenship by descent ("jus sanguinis") in two cases:

*a person born outside Brazil of a Brazilian parent who is in the service of the Brazilian government is considered Brazilian; and

*a person born outside Brazil of a Brazilian parent is considered Brazilian, 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.

Naturalisation as a Brazilian citizen

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

* permanent residence in Brazil
* four years continuous residence in Brazil (short trips may be permitted)
* 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.

Foreigners who have resided continuously in Brazil for 15 years may apply for Brazilian citizenship on that basis alone.

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. [http://www.brazilsydney.org/eBrazil_Citizenship_frame.html Details]

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.

Military service

Male Brazilian citizens may have a military service obligation.

External links

* http://www.helplinelaw.com/law/brazil/citizenship/citizenship.php


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