Marello Advogados & Advogadas | Tributarista no Rio de Janeiro e Brasília

View Original

How long does it take to obtain the Brazilian Naturalization?

Apart from Portuguese nationals, in order for other foreigners to obtain Brazilian citizenship and enjoy political rights, thus being able to participate in the country´s political life, they must become Brazilian nationals.

After a foreigner becomes a Brazilian national, he/she will be subject to the same rules as a Brazilian born national, excluding some constitutional limitations, such as the one that forbids a foreigner to be President.

Article 12, paragraph 2, of the Brazilian Federal Constitution prohibits a distinction between born and naturalized Brazilians, except in the cases provided for in the Constitution itself, as is the case in art. 12, paragraph 3, which prohibits access to certain public jobs.


How long does it take to become a Brazilian national?

After living in Brazil for the required time, the foreigner or his lawyer must initiate the naturalization procedure.

It is not possible to accurately specify the time for the Brazilian nationality to be deferred, the Brazilian naturalization process usually takes, on average, 3 to 6 months, depending on the number of cases and the availability of the Federal Police itself.

However, the naturalization process has a 180-days deadline. The Brazilian federal legislation sets a maximum period of 180 days (6 months) for the naturalization process to end.

Thus, the all naturalization process must be analyzed within 6 months.


How to proceed in case of delay in the Brazilian naturalization process?

If the Brazilian authorities, whether the Federal Police or the Ministry of Justice, exceed the deadline of 180 days (6 months), it is possible to file a lawsuit to speed up the naturalization process.

Brazilian Courts have been forcing the analysis of the naturalization request within a period of 180 days.

Do you want to understand how to obtain Brazilian citizenship through Naturalization and its advantages? Check out more details HERE!

Do you want to immigrate to Brazil, get Brazilian nationality or citizenship?
Contact us today!

See this form in the original post

[1] Art. 15, III e V, da Constituição da Republica Federativa do Brasil; Art. 12 da Lei nº 8.429, de 2 de junho de 1992

[2] Art. 12, §3º, of the Constitution of the Federative Republic of Brazil of 1988

[3] Art. 176, § 1º, of the Constitution of the Federative Republic of Brazil of 1988

[4] Art. 176, § 1º,of the Constitution of the Federative Republic of Brazil of 1988

[5] Art. 222 of the Constitution of the Federative Republic of Brazil of 1988

[6] Art. 227, § 5º, of the Constitution of the Federative Republic of Brazil of 1988; art. 31 and 51, §2º, of the Federal Brazilian Law nº 8.069/90