Brazilian nationality law
Encyclopedia
Brazilian nationality law is based on the principle of Jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...

. As a general rule, any person born in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

 acquires Brazilian citizenship at birth, irrespective of status of parents. Nationality law
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...

 is regulated by Article 12 of the Brazilian Federal Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...

.

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
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...

).

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
    Consul (representative)
    The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...

     or later move to Brazil and confirm one's citizenship before a federal judge.


Between 1994 and 2007, registration with a Brazilian Consular office
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...

 did not confer Brazilian citizenship. As of September 2007, a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

 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
  • fifteen years of uninterrupted residence in Brazil
  • ability to speak and write Portuguese
    Portuguese language
    Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...

  • 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

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
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...

 has been permitted in Brazil without restrictions since 1994. However, all Brazilian citizens must enter and leave Brazil on a Brazilian passport
Brazilian passport
The Brazilian passport is the official document for foreign travel issued by the Brazilian government, through the Brazilian Federal Police.A new model was officially introduced in December 2006 that complies with both Mercosul and ICAO standards....

.

Military service

Male Brazilian citizens have a 12 month military service
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...

obligation, unless the citizen has a physical or psychological condition.

External links

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