Option for Brazilian Nationality

Are you aware that a person born abroad, child of a Brazilian father or mother, can opt for the Brazilian nationality?

Any foreigner, children of a Brazilian parent, that comes to reside in Brazil, can initiate a judicial procedure called “Brazilian Nationality Option”.

Deadline

The Brazilian Federal Law No. 6.015/73 establishes a period of four years, after reaching 18 years old, for someone to opt for the Brazilian nationality. However, it is possible to opt for it later, through a lawyer.

What is the Option for the Brazilian Nationality?

The option of nationality is a legal concept established in the Brazilian Federal Constitution, which allows an individual born abroad to a Brazilian father or mother to make this choice before the competent judge to adopt Brazilian nationality

Brazilian nationality is a legal bond between an individual and Brazil, which makes the person part of the Brazilian people, guaranteeing protection and special rights, as well as subjecting the person to special duties, different from those of a foreign individual. 

The Brazilian Constitution states that someone is a native Brazilian if the person has at least one Brazilian parent, after coming of age, comes to reside in Brazil and opt for the Brazilian nationality.

The option for nationality is the act by which a Brazilian born abroad and who has not been registered with a consular office confirms, before a federal judge, his / her intention to maintain the Brazilian nationality.

To opt for Brazilian nationality, a person must file a lawsuit in a Brazilian Federal Court, through a Brazilian lawyer.

How to opt fot the Brazilian nationality - Mandatory Lawsuit

Contrary to what many may think, the nationality option is carried out through a judicial process within the Federal Court, which is usually straightforward, as long as the interested party provides all the necessary documents.

In order to opt for the Brazilian nationality, one cannot do so via an administrative request. The interested party must seek a brazilian lawyer to file a lawsuit in a Brazilian Federal Court.

The option of the Brazilian nationality is a right and cannot be confused with the request for naturalization, which is requested to the Brazilian Ministry of Justice.

Who can initiate the nationality option process?

Only through a lawyer can an individual file a "Nationality Option" lawsuit, in which they will provide evidence of the necessary criteria for the recognition of Brazilian nationality.

Where should the Brazilian nationality option be filed?

The option for Brazilian nationality must be filed in the federal court located in the domicile of the plaintiff, where the person has taken up residence.

After the lawsuit is finalized, the Civil Registry Office in Brazil will record that the person has been registered as a Brazilian

Our office works file this type of lawsuit throughout the whole Brazilian territory.

Requirements

Through a Brazilian lawyer, the interested party will file a “Nationality Option” action, in which he / she will demonstrate the requirements for the right to be recognized as a Brazilian national.

For the “Nationality Option” action to be successful, the immigration lawyer will request and analyze the client's documents that prove (a) the affiliation; (b) the age of majority; and (c) the residence in Brazil.

Thus, once all legal requirements are met, the applicant is entitled to judicial approval of his /her option for Brazilian nationality.

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Do I have to renounce my other nationality?

No. When someone has a Brazilian parent, the Brazilian nationality is acquired at birth, however, when the person is born outside Brazil, the Brazilian nationality will be suspended, waiting for the person to become of legal age, come to reside in Brazil and express the desire for Brazilian nationality .

Thus, the “nationality option” process only confirms the desire to maintain the Brazilian nationality, acquired at birth, there is no need to renounce any other nationalities.

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How much costs the nationality option lawsuit?

Court fees for this type of lawsuit vary depending where the applicant lives, where the action must be filed.

Whereas the lawyer’s fees are around R$4,000.00 (four thousand reais).

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How long does it take?

The nationality option lawsuit is not that complicated, as long as a lawyer with experience in immigration law represents the interested party.

If correctly done, it is possible to register Brazilian nationality within 3-6 months.

Are you interested in opting for the Brazilian Nationality?
Contact us

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Brazilian Immigration Lawyer