Brazilian Citizenship: Birth and Naturalization
- Li & Co Consulting redator
- Feb 26, 2024
- 2 min read
In the intricate web of Brazilian citizenship law, the path to becoming a citizen is illuminated by the guiding principles enshrined in both the Federal Constitution of Brazil of 1988 and Legislation N. 13,445, of May 24, 2017, known as the Migration Law. Article 12 of the Federal Constitution describes who is considered Brazilian, and the law defines the criteria for acquiring Brazilian citizenship, clarifying the different paths available, whether through birth or naturalization. This article cohesively addresses fundamental principles and methods for obtaining Brazilian citizenship.
Birthright Citizenship
Brazil recognizes individuals as Brazilian citizens by birth if they are born within Brazilian territory, with exceptions made for children of foreign citizens work a service of they country. Additionally, individuals born abroad who have Brazilian parents are considered Brazilian citizens if they are registered with Brazilian authorities and later choose to reside in Brazil.
Naturalization (Derived Citizenship)
Naturalization is the process through which foreigners or stateless persons voluntarily acquire Brazilian nationality, provided they fulfill the legal requirements established at the time of application. This process is a conscious decision made after birth, signifying an individual's commitment to becoming a part of the Brazilian community.
Distinguishing Naturalization from Residence Authorization:
It's essential to differentiate between naturalization and residence authorization. Naturalization is the process of acquiring Brazilian nationality, while residence authorization pertains to the permission to reside in Brazil. In essence, naturalization signifies the desire to become a legal citizen of Brazil, while residence authorization allows individuals to live in the country legally without citizenship rights.
Brazil offers four main types of naturalization processes, each with specific requirements:
Ordinary Naturalization:
This is the standard procedure through which individuals voluntarily apply for Brazilian nationality. It applies to stateless persons or foreigners who have resided in Brazil for a minimum of four years, demonstrate proficiency in the Portuguese language, and have no criminal convictions.
Extraordinary Naturalization:
Similar to ordinary naturalization, this process applies to stateless persons or foreigners who have resided in Brazil for at least fifteen years without criminal convictions.
Provisory Naturalization:
Designed for children and adolescents who have established residency in Brazil before the age of ten, provisory naturalization allows their legal guardians to apply for citizenship on their behalf. Upon reaching adulthood, these individuals can confirm their desire to maintain Brazilian nationality.
Conversion of Provisional to Definitive Naturalization:
Children and adolescents who were provisionally naturalized can apply for definitive naturalization within two years of reaching adulthood, solidifying their commitment to Brazilian citizenship.
Brazil's citizenship laws reflect its commitment to inclusivity and diversity, providing avenues for individuals to become full-fledged members of the Brazilian community. Whether through birth or naturalization, the Brazilian identity embraces all who choose to call it home.
If you or someone you know is interested in learning more about the naturalization process or seeking assistance with it, feel free to reach out. I'm here to help guide you through the intricacies of Brazilian citizenship and support you on your journey towards becoming a Brazilian citizen.
You can contact me directly tays@liecoconsulting.com
I replicated this text taken from my professional LinkedIn, which you can access here.
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