Brazilian nationality law details the conditions by which a person is a national of Brazil. The primary law governing nationality requirements is the 1988 Constitution of Brazil, which came into force on 5 October 1988.
With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after meeting a minimum residence period (usually four years), demonstrating proficiency in the Portuguese language, and fulfilling a good character requirement.
Brazil was previously a colony and constituent kingdom of the Portuguese Empire, and local residents were Portuguese subjects. Although Brazil gained independence in 1822 and Brazilian nationals no longer hold Portuguese nationality, they continue to have favoured status when living in Portugal; Brazilians resident for at least three years are eligible to vote in Portuguese elections and serve in public office there.
Brazil is a member state of Mercosur, and all Brazilian nationals are Mercosur citizens. They have facilitated access to residence rights in all member states and most associated states of Mercosur.
At birth Any person born in Brazil acquires Brazilian nationality at birth, with the sole exception of children of parents in the service of a foreign government, such as foreign diplomats.
A person born outside Brazil of a Brazilian parent also acquires Brazilian nationality at birth if: The Brazilian parent is in the service of the Brazilian government; or The person is registered with a Brazilian consular office; or The person later moves to Brazil and confirms one's nationality before a federal judge.
Between 1994 and 2007, registration with a Brazilian consular office did not confer Brazilian nationality. In September 2007, a constitutional amendment reinstituted consular registration as a means of acquiring Brazilian nationality.
By naturalization Requirements Foreigners may apply for Brazilian nationality if they meet the following criteria:
Legal competence, being over the age of majority (18 years, or 16 if emancipated); Four years of permanent residency in Brazil; Ability to communicate in Portuguese; and No prior criminal conviction, in Brazil or in the country of origin, unless rehabilitated.
The residency requirement may be reduced in certain circumstances:Law no. 13.445, of 24 May 2017, Government of Brazil .Decree no. 9.199, of 20 November 2017, Government of Brazil .Ruling no. 623, of 13 November 2020, Ministry of Justice of Brazil .
Only two years of residency are required for those who have provided "relevant services" to the country, for those with notable "professional, scientific or artistic ability", or for stateless people; Only one year of residency is required for those who have a Brazilian spouse or child (not including minors provisionally naturalized), or for those originating from Portuguese language countries; No residency period is required for those married to a Brazilian diplomat for more than five years, or for those who worked for more than 10 years in a Brazilian diplomatic mission.
The ability to communicate in Portuguese may be attested by one of various certificates, such as with the CELPE-Bras exam, completion of a Portuguese language course for immigrants in a Brazilian university, or completion of elementary, secondary or higher education in Brazil or in another Portuguese language country. Those who have lived in Brazil for more than 15 years or who are nationals of Portuguese language countries are not required to attest their Portuguese language ability.
Minors who moved to Brazil under 10 years of age may be granted a provisional naturalization, and within two years after reaching the age of majority they may request a permanent naturalization. At that time they must satisfy the requirement of no criminal conviction or of rehabilitation, but they are not required to attest their Portuguese language ability.
Process The application for naturalization is filed online.Request Brazilian naturalization, Government of Brazil . There is no fee for the application itself, although there may be fees to obtain some of the required documents. The initial processing is done by the Federal Police, which collects the applicant's fingerprints and may request a recorded interview or additional documents. The process is then forwarded to the Ministry of Justice and Public Security, which may also request additional documents, and finally publishes its decision in the Official Journal, available online. If approved, a copy of this decision is sufficient proof of naturalization to obtain a Brazilian identity document or passport.First issuance of the identity card, Transit Department of Rio de Janeiro .Necessary documentation, Federal Police of Brazil . There is no ceremony. Since 21 November 2017, certificates of naturalization are not automatically issued, but the citizen may request one if desired.
Since May 2016, Brazil does not require naturalized citizens to renounce their previous nationality.ACNUR: New decree facilitates naturalization of foreigners in Brazil and fights statelessness, United Nations in Brazil, 20 May 2016 .Decree no. 86.715, of 10 December 1981, Government of Brazil .
Dual nationality and loss of Brazilian nationality Since October 2023, Brazil does not impose any restriction on dual nationality. Brazilian nationality may be lost only in the case of naturalized citizens whose naturalization is canceled by a court sentence due to fraud in their naturalization process or due to an act "against the constitutional order and the democratic state", or in the case of people who explicitly request the loss of their Brazilian nationality before a Brazilian authority as long as such loss would not make them stateless.
In its original text, the Brazilian constitution of 1988 stated that Brazilians who voluntarily naturalized in another country could lose Brazilian nationality. In 1994, a constitutional amendment modified this provision, stating that Brazilians who acquired another nationality could lose Brazilian nationality, except if the other nationality was acquired by origin (by birth or descent) or if naturalization was required by the other country for the person to remain residing there or to exercise civil rights. In practice, the Brazilian government only used this provision to revoke Brazilian nationality in very few cases, such as for the purpose of extradition, as the Brazilian constitution does not allow extradition of its own citizens by birth.A Brazilian may lose original nationality while becoming a citizen of another country, Gazeta Brazilian News, 20 April 2017 .Government extradites Brazilian that lost citizenship, accused of homicide in the US, Consultor Jurídico, 18 January 2018 . In 2023, another constitutional amendment eliminated the possibility of loss of Brazilian nationality due to acquisition of another nationality.
People who requested the loss of their Brazilian nationality, or who lost it due to acquiring another nationality under the previous constitutional provision, may request the reacquisition of Brazilian nationality.
Since May 2016, Brazil does not require naturalized citizens to renounce their previous nationality.
Brazilians who also have another nationality are allowed to enter and leave Brazil with the passport of the other country, and may apply for a Brazilian visa on such passport if needed, including an electronic visa if applicable for such nationality. When entering Brazil, if they also present a Brazilian identity card, they are admitted as Brazilians, otherwise they are admitted as foreigners, subject to the regular limitations as such.
Rights and obligations Military service
Male Brazilian citizens have a 12-month military service obligation, unless the citizen has a disqualifying physical or psychological condition, or the citizen does not wish to serve and the military finds enough volunteers to support its needs. Therefore, although registering for the military is mandatory, about 95% of those who register receive an exemption.What are the obstacles to 'conscientious objection' to military registration?, Nexo, 16 June 2017 . Male citizens between 18 and 45 years of age are required to present a military registration certificate when applying for a Brazilian passport.
Voting Voting in Brazil is allowed for citizens over 16 years of age and mandatory for literate citizens between 18 and 70 years of age, except conscripts, who are not allowed to vote during their period of mandatory military service. Those who are required but do not vote in an election and do not present an acceptable justification, such as being away from their voting locality at the time, must pay a fine, normally R$3.51, but in some cases the fine may be waived, reduced, or increased up to R$35.13. Citizens between 18 and 70 years of age are required to present proof of voting compliance (by having voted, justified absence or paid the fine) when applying for a Brazilian passport.
Naturalized citizens The constitution makes a few distinctions between Brazilian citizens by birth and by naturalization. Only citizens by birth may become President or Vice President of Brazil, President of the Chamber of Deputies, President of the Senate, members of the Supreme Federal Court, diplomats, officers of the Armed Forces, Minister of Defence, or certain members of the Council of the Republic. Naturalized citizens, but not citizens by birth, may be extradited (only for a common crime committed before naturalization or for drug trafficking committed before or after naturalization), and may lose Brazilian nationality if convicted of fraud in their naturalization process or of an act "against the constitutional order and the democratic state". The constitution also restricts the ownership and management of journalism and broadcasting companies to citizens by birth or who have been naturalized for more than 10 years. Other than the cases mentioned in the constitution, no law may make distinctions between citizens by birth and by naturalization.
Many naturalized citizens have been elected to public offices, including aldermen, mayors, state and federal deputies, and a state governor.Almost 200 foreign candidates are elected in the country, Globo, 20 October 2012 .'German' minister retires; who are now the foreigners in the 3 powers, UOL, 31 August 2022 . Some naturalized citizens have also been appointed to the Superior Court of Justice and various ministries.
Portuguese citizens
Due to a treaty, citizens of Portugal permanently residing in Brazil may request equal civil rights, and after three years of residence also political rights, such as voting and being elected, as if they were naturalized citizens of Brazil. In this case, exercising political rights in Brazil under the treaty results in the suspension of their equivalent rights in Portugal, even though they remain Portuguese citizens.Decree no. 3.927, of 19 September 2001, Government of Brazil .Equality of rights, Consulate General of Portugal in São Paulo .
Unlike naturalization, the equality of rights under this treaty does not include the right to a Brazilian passport.Questions, Federal Police of Brazil .
Visa-free travel
Visa requirements for Brazilian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Brazil. As of 2023, Brazilian citizens had visa-free or visa on arrival access to 169 countries and territories, ranking the Brazilian passport 17th (dense) in terms of travel freedom according to the Henley Passport Index.
History