How to get Brazilian citizenship?

What is the Brazilian citizenship?

Citizen is someone able to exercise his/her political rights, by voting, being a candidate, etc., and also comprehends full civil rights and social rights

Citizenship and nationality are different concepts. A Brazilian national ceases to enjoy citizenship when, for example, has his/her political rights suspended after a criminal conviction, but retains the nationality [1]. Moreover, Brazilian nationals do not become citizens until they turn 18 (eighteen).

On the other hand, someone can withheld Brazilian citizenship without having Brazilian nationality. The Equality Statute grants Brazilian citizenship to Portuguese nationals; however, they maintain the Portuguese nationality.

Therefore, the Brazilian Law considers as citizens (I) the Brazilian nationals - born or naturalized - and (II) Portuguese nationals who falls within The Equality Statute.

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.

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How to obtain Brazilian citizenship?

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. [2]

How many ways are there to obtain the Brazilian nationality? A foreigner can become a Brazilian citizen through four types of naturalization the ordinary, extraordinary, special or provisional naturalization procedure.

Immigration to Brazil depends on factors such as the immigrant's nationality.

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Naturalization Requirements

Brazil does not grant brazilian nationality by investment, nationality by marriage or citizenship by marriage, other legal requirements must be met. According to the Brazilian Law of Immigration, foreigners from non-Portuguese speaking countries can obtain the Brazilian nationality in four ways

I - Ordinarily;

II - Extraordinarily;

III - Special; or

IV -Provisionally.

Ordinary Naturalization

• Has civil capacity, according to Brazilian law (over 18 years old and sound of mind);

• Resides in Brazil for at least 4 (four) years, however, that period is reduced to 1 (one) year if the foreigner has a Brazilian child or spouse, has rendered a relevant service to Brazil or is recommended due to professional, scientific or artistic capacity;

• Communicates in Portuguese; and

• Does not have a criminal conviction or is rehabilitated.

Extraordinary Naturalization

• Has resided in Brazil for over 15 (fifteen) years without interruption; and

• Does not have a criminal conviction or is rehabilitated.

Special Naturalization

• Has been a spouse or companion, for more than 5 (five) years, to a member of the Brazilian Foreign Service or a person in the service of the Brazilian State abroad; or

• Is or has been employed on a diplomatic mission or in a consular post in Brazil for more than 10 (ten) uninterrupted years.
  

Provisional Naturalization

• is bestowed provisionally to a foreigner under 18 (eighteen) years old, who has settled in Brazil before the age of 10 (ten) , it may be converted into permanent nationality if required within 2 (two) years after reaching 18 years old.

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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.

Public servant’s strike, the pandemic of COVID19 and even lack of special paper have already led the Federal Police to delay naturalization processes.

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How to get Brazilian nationality by birth?

Brazil adopts jus soli, right of the soil, therefore, anyone born in Brazil territory, although of foreign parents, is a Brazilian national, unless the parent were in Brazil in service of their country.

However, Brazil also recognizes jus sanguinis. This way, a person born abroad is a Brazilian national if one of the parents is Brazilian and:

• The Brazilian parent was abroad in official service;

• The child is registered at the Brazilian consulate;

• The child comes to live in Brazil and chooses, after reaching 18 (eighteen) years old, the Brazilian nationality.

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Brazilian nationality benefits!

Although the Brazilian Constitution guarantees equality before the law, ensuring the same civil rights to Brazilians and foreigners residing in the country, the Constitution itself makes some reservations, restricting some rights. Only after acquiring the Brazilian nationality, a foreigner will have the right to:

• Buy rural property of any size;

• Perform research and mine mineral resources; [4]

• Explore Brazilian hydropower; [5]

• Own a journalistic and broadcasting company after 10 (ten) years after becoming a Brazilian National; [6]

• Priority in the adoption of children or adolescents; [7]

• Become a citizen, have political rights (vote, become a candidate, etc.);

• Work as a Brazilian public servant;

• Remain in Brazil if committees a crime elsewhere (no extradition), except for crimes committed prior to the Brazilian nationality, or drug trafficking. 

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

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[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