Brazilian citizens

Brazilian nationality law is based on both the principles of jus soli and of jus sanguinis. As a general rule, any person born in Brazil acquires Brazilian nationality at birth, irrespective of status of parents. Nationality law is regulated by Article 12 of the Brazilian Federal Constitution.

A person born in Brazil acquires Brazilian nationality at birth. The only exception applies to children of persons in the service of a foreign government (such as a foreign diplomats). This means that parents and siblings of the Brazilian child are eligible to apply for permanent residency in Brazil, regardless of their nationality or where subsequent siblings were/are born.

Brazilian law considers as Brazilian citizens people born abroad in two cases:

Between 1994 and 2007, registration with a Brazilian consular office did not confer Brazilian nationality. In September 2007, a constitutional amendment reinstituted consular registration as a means of acquiring Brazilian nationality.

Foreigners may apply for Brazilian nationality if they meet the following criteria:

The residence requirement may be reduced in certain circumstances:

Those who have lived in Brazil for more than 15 years and have no criminal conviction do not have to satisfy any other condition for naturalization. There are also lower requirements for those who moved to Brazil as minors.

Since 10 May 2016, Brazil does not require naturalized citizens to renounce their previous nationality.

According to the Brazilian constitution, in principle, Brazilian citizens who voluntarily acquire another nationality by naturalization lose Brazilian nationality. However, since 1994 a constitutional amendment allows two exceptions where Brazilians may maintain Brazilian nationality while acquiring another one. The first exception is in the case of recognition of "originary nationality" by foreign law. Contrary to a popular misconception, this term does not refer to recognition of original Brazilian nationality by the other country, but to cases where the acquisition of the other nationality is done by jus sanguinis (by descent or family origin). Whether the other country recognizes dual nationality is irrelevant. The second exception is in case the other country requires naturalization for the person to remain residing or to exercise civil rights there.

In 1995, the Brazilian government decided to apply these exceptions broadly, and in practice it only revokes Brazilian nationality if the person formally requests so. However, in 2013 the Brazilian government revoked the nationality of a Brazilian citizen who had naturalized in the United States, to extradite her to that country (the Brazilian constitution does not allow extradition of its own citizens). The decision was confirmed by the Supreme Federal Court in 2016, but as of May 2017 it is pending further appeal. It is unclear whether this case means a change in the Brazilian government's decision to allow dual nationality in practice, or only an exception due to its unique circumstances.

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Wikipedia