Talk:Brazilian nationality law

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Residency requirements[edit]

The Brazilian Constitution and the Portuguese page say 15 years of continuous residence, not 4, to be able to apply for naturalisation.

This is a common misunderstanding. The constitution says that naturalized citizens are "those who, according to the law, acquire Brazilian nationality", thus letting the law determine whatever conditions are necessary for a person to naturalize. The relevant law then specifies 4 years of residence in general and even fewer years in certain cases, in addition to other requirements such as being able to communicate in Portuguese. These requirements are also listed in the regulations and instructions in Brazilian government websites.

The constitution also says that nationals of Portuguese-speaking countries need only 1 year of residence and "moral fitness", and that those who have lived in Brazil for more than 15 years and have no criminal conviction can also request naturalization, but this means that in these cases the person doesn't have to satisfy any other condition, such as being able to communicate in Portuguese. These are special cases with simplified requirements, they are not the only ways to naturalize. Heitordp (talk) 22:31, 27 December 2020 (UTC)[reply]

Citizenship via Marriage[edit]

If the spouse of a Brazilian citizen can earn citizenship for themselves with permanent residency after one year of marriage, what is the application process like? I presume there are fees to pay, but is there a test, as in the naturalization procedures for USA? Do the Portuguese language requirements also apply to spouses of Brazilians? --141.213.135.68 (talk) 16:12, 25 August 2009 (UTC)[reply]

Actually there is no fee to apply for naturalization itself, but there may be fees to obtain some documents required with the application, such as a criminal background check from the country of origin along with its apostille and certified translation. There is no test about the country's history or government like in the US, but there is a requirement that the person be able to communicate in Portuguese. This requirement can be satisfied in various ways, such as passing the CELPE-Bras test, completing a Portuguese language course for foreigners in a Brazilian university, or graduating from a school or university in any Portuguese-speaking country. This requirement is waived for those who have lived in Brazil for more than 15 years and for nationals of Portuguese-speaking countries. It is not specifically waived for spouses of Brazilian citizens. Heitordp (talk) 22:31, 27 December 2020 (UTC)[reply]

Dual citizenship[edit]

I believe the information on dual citizenship in the article is incomplete. As far as I know, Brazil has accepted dual citizenship since 1994 provided that the foreign citizenship is acquired at birth, e.g. by Jus Sanguinis. That is the case for example of many Brazilians of European descent who, by virtue of European (mostly Italian, Portuguese, Spanish, or German) law, are also entitled to EU citizenship at birth.

If however a person becomes a naturalized citizen of a foreign country, he/she should in theory lose his/her Brazilian citizenship under the text of 1994 constitutional amendment. In practice however, it appears that Brazilian authorities follow a kind of "don't ask, don't tell" policy and, for the most part, ignore cases of unlawful dual citizenship. Basically, the Brazilian government does not officially cancel one's Brazilian passport in case of dual citizenship unless the person in question, e.g. a naturalized citizen of another country, makes a formal request in writing expressing his/her willingness to renounce his/her Brazilian citizenship. 161.24.19.112 (talk) 14:27, 4 February 2011 (UTC)[reply]

References:

http://www.brazilsf.org/port/7.5.htm

http://www.portalconsular.mre.gov.br/faq/dupla-nacionalidade-informacoes

You're correct. I clarified this section in the article. Heitordp (talk) 22:31, 27 December 2020 (UTC)[reply]

Loss of Brazilian citizenship[edit]

The section "Loss of Brazilian citizenship" contradicts strongly the Portuguese version of this article. Which one is correct? DSchiavini (talk) 11:42, 9 October 2014 (UTC)[reply]

The Portuguese version is correct. I clarified the section in the English version. Heitordp (talk) 22:31, 27 December 2020 (UTC)[reply]

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Parent or Brazilian Mother/Father[edit]

After a couple of reverts, @200.202.229.218: wished to change the wording of "Brazilian parent" to "Brazilian mother and Brazilian father". Upsidedown Keyboard (talk) 23:27, 28 November 2019 (UTC)[reply]

@200.202.229.218: The change of wording here is unnecessary, the term "parent" encompass both the concepts of mother and father, why the change? Upsidedown Keyboard

(talk)

It wasn't that, I wrote "Brazilian father or a Brazilian mother", because only need one parent to be Brazilian and not both, as described in Brazilian law in Article 12 of the Constitution of the Federative Republic of Brazil (1988). 200.202.229.218 (talk) 00:05, 29 November 2019 (UTC)[reply]

@200.202.229.218: "Parent" is the gender-neutral singular noun. If you refer to both, its "parents". The use of "parent" is correct here. Upsidedown Keyboard

(talk) 00:31, 29 November 2019 (UTC)[reply]

Then the current text is wrong, given what I wrote earlier. 200.202.229.218 (talk) 00:45, 29 November 2019 (UTC)[reply]

@200.202.229.218: Given you said: because only need one parent to be Brazilian and not both, and the original wording of the article is: a person born outside Brazil of a Brazilian parent, the article already meets your requirements. It states that if either parent is a Brazilian citizen, they can qualify for citizenship. Upsidedown Keyboard

(talk) 00:54, 29 November 2019 (UTC)[reply]