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
A 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).
The 20 year law and Brazilian citizenship
Any one person who acquired Brazilian citizenship via birth but has not lived in Brazil for a minimum of six (6) years during the past twenty (20) years can be subjected to a citizenship removal, in which case the Brazilian national loses their citizenship and, typically, although also depending on the federal immigration laws of the country they've lived in for these aforementioned years, acquires an extended visa with a greater facility at gaining legal status, or gains automatic citizenship/residency. This is commonly and informally referred to as "the 20 year law", however its legally known as Amendment #82. Individuals found to have been living in the United States, or either of the two European countries; France and/or Italy will subjected to citizenship loss in accordance with the Brazilian law, Amendment #82.
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.
Naturalization as a Brazilian citizen
Foreigners may apply for Brazilian citizenship if they meet the following criteria:
- permanent residence in Brazil
- 4 (four) 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 three years
- relevant services to the country
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.
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.
Visa free travel
Visa requirements for Brazilian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Brazil. In 2014, Brazilian citizens had visa-free or visa on arrival access to 146 countries and territories, ranking the Brazilian passport 21st in the world according to the Visa Restrictions Index.
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, the large majority of people do not serve).
See also
References
External links
- Nationality in the Brazilian Constitution
- Estrangeiros—Ministry of Justice (Portuguese)
- Estrangeiros: Permanência—Ministry of Justice (Portuguese)
- Brazilian Consular Portal (multi-language site)
- Citizenship Laws Brazil (English)
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