By Juliana Mitico Valente Riccardi
Lawyer & Global Mobility Expert
Partner at Mitico Advogados and BR-Visa
Nationality is one of the main legal ties between an individual and the State, granting essential rights and duties for life in society. In Brazil, nationality is regulated by the Federal Constitution of 1988, in Articles 12 and 13, and can be acquired either originally or derivatively.
1. Original Nationality
Original nationality, also called primary nationality, is automatically granted at birth, according to the criteria established by the Federal Constitution:
1.1 Jus Soli Criterion
Article 12, section I, paragraph “a” of the Constitution states that those born in Brazil are natural-born Brazilians, even if their parents are foreigners, provided that the parents are not serving their country of origin. This principle, known as jus soli (right of the soil), ensures nationality for anyone born on Brazilian territory, regardless of their parents’ nationality.
1.2 Jus Sanguinis Criterion
The Constitution also provides for the jus sanguinis (right of blood) criterion in Article 12, section I, paragraphs “b” and “c”. The following individuals are considered natural-born Brazilians:
- Those born abroad to a Brazilian father or mother, provided that either parent is serving the Federative Republic of Brazil;
- Those born abroad to a Brazilian father or mother, provided that they are registered with a competent Brazilian diplomatic office or later reside in Brazil and choose, at any time after reaching adulthood, to adopt Brazilian nationality.
2. Derived Nationality
Derived or secondary nationality is granted through a naturalization process, as established by the Constitution and infraconstitutional legislation.
2.1 Ordinary Naturalization
Ordinary naturalization may be granted to those who meet the following conditions:
- Have legal capacity under Brazilian law;
- Hold permanent residency status in Brazil for at least four years immediately before the naturalization request (or one year if married to a Brazilian or has Brazilian offspring);
- Communicate in Portuguese, considering the applicant’s conditions; and
- Have no criminal convictions or be legally rehabilitated.
2.2 Extraordinary Naturalization
Extraordinary naturalization may be granted to any foreigner who has lived continuously in Brazil for more than 15 years without a criminal conviction, provided they request Brazilian nationality.
2.3 Special Naturalization
Special naturalization may be granted to a foreigner who meets one of the following conditions:
- Has been married to or in a stable union for more than five years with a member of the Brazilian Foreign Service in active duty or a person serving the Brazilian State abroad; or
- Has worked or is currently working in a Brazilian diplomatic mission or consular office for more than 10 consecutive years.
The requirements for special naturalization are:
- Having legal capacity under Brazilian law;
- Communicating in Portuguese, considering the applicant’s conditions; and
- Having no criminal convictions or being legally rehabilitated.
2.4 Provisional Naturalization
Provisional naturalization may be granted to a migrant child or adolescent who has established residence in Brazil before the age of 10. The request must be made through their legal representative.
3. Loss and Reacquisition of Brazilian Nationality
The loss of Brazilian nationality is provided for in Article 12, § 4 of the Constitution and occurs in the following situations:
- Voluntary acquisition of another nationality, except in cases of recognition of original nationality or when the foreign legislation imposes nationality.
- Acts that threaten national interests, as determined by a judicial decision.
The reacquisition of nationality can be requested through an administrative process with the Ministry of Justice, provided it does not compromise national interests.
Conclusion
The Federal Constitution of 1988 establishes clear criteria for granting Brazilian nationality, ensuring protection for those born in the country and allowing the naturalization of foreigners. Nationality not only defines an individual’s legal identity but also influences their participation in society, determining political rights, access to public benefits, and eligibility for certain public offices.
Given the complexity of the topic, it is essential for those seeking Brazilian nationality to be aware of the applicable regulations and to seek proper legal assistance to ensure a safe and effective process.