What is nationality?
The constitution of the Federative Republic of Brazil of 1988, as well as the Migration Law no. 13445/2017, discusses on the criteria for the option of Brazilian nationality as well as for naturalization.
According to Article 12 of the Federal Constitution of 1988, Brazilian is:
- (i) the one who was born in Brazilian territory, even if the child of foreign parents – ius solis and
- (ii) the one who has a Brazilian mother or father, regardless of whether the individual was born abroad, for example – ius sanguinis.
These two modalities are considered as originating nationality.
It is important to highlight the need to perform birth registration in Brazil’s consular office abroad, in the hypothesis of those who, being the child of a Brazilian father or mother, are born abroad. This procedure will prevent the person born abroad, after reaching the age of majority, from having to opt for the so-called nationality.
What is a nationality option?
Processo em que o filho de pai ou mãe brasileiro que tenha nascido no exterior e não haja realizado o registro de seu nascimento em repartição consular brasileira, pode optar a qualquer tempo pela nacionalidade brasileira.
What is naturalization?
Naturalization is an individual act. It is the manifestation of the will of an individual to obtain a secondary nationality. That is, naturalization is the process of obtaining secondary nationality.
This modality is the one used by foreigners, immigrants who, after a few years residing in Brazil, and with the spirit of permanently establishing themselves, can apply for naturalization.
Article 63 of the Migration Law establishes four types of naturalization:
Among the possibilities for naturalization, the most common is the following: (i) minimum residence of 4 years, which may be reduced if the applicant has a Brazilian child or is married to a Brazilian national; and (ii) has no criminal conviction, among others.
It is important to note that the protocol of the naturalization request will not bind the Brazilian State to decide favorably on the request because it is a mere expectation of law.
Documentation and procedure:
Those who wish to obtain Brazilian nationality must, through an application directed to the Ministry of Justice, accompanied by documentation pertinent to each case, express his/her desire to obtain Brazilian nationality. It is important to emphasize that this is a manifestation of a very personal nature.
The length of time from the process to its completion can vary depending on the flow of requests in the Ministry of Justice and also due to the need for an in-depth analysis of the documents presented in the act of applying for nationality. This is because the granting of nationality is a private act of the government, and it is extremely important to attest to the veracity of the documents presented by the applicant, especially regarding their criminal history as well as the history of his/her stay in Brazil.
I lost Brazilian nationality. Is there any way to get it back?
Brazilian law provides two ways to reacquire Brazilian nationality:
- Reacquisition of nationality: for one who, by individual manifestation, voluntarily acquired another nationality, without being imposed to him, for example, to reside in a certain country or to exercise certain civil rights.
- Revocation of the act that declared the loss of nationality: subject to the provisions of Article 12, § 4 of the 1988 CF.
J&D has a team expert in the naturalization processes. With quality, professionalism and speed, we advise our clients.
Our support ranges from the pre-analysis of documents to the completion of the process.
Although many people are able to obtain it, it is a bureaucratic process that requires attention to the requirements and needed documents. Count on J&D to succeed in the process.