Brazil

Dual Citizenship Brazil

Allowed

According to the Federal Constitution, Brazilian citizens are: 

1. Those born in the Federative Republic of Brazil, even if of foreign parents, provided that they are not in the service of their country; 
2. Those born abroad, of a Brazilian father or a Brazilian mother, provided that either one of them is in the service of the Federative Republic of Brazil; 
3. Those born abroad of a Brazilian father or a Brazilian mother, provided that they are registered at a Brazilian office with jurisdiction, or come to reside in the Federative Republic of Brazil and at any time, after reaching the age of majority, choose Brazilian nationality.

The constitutional hypothesis that applies to the children of a Brazilian born abroad is item "c" of item I of article 12 of the Federal Constitution, reproduced above. The item refers to two different situations:

•  The first relates to those registered at a Brazilian consular office, for which the constitutional text establishes that the consular birth register is sufficient to guarantee full Brazilian citizenship and all rights deriving therefrom. The only measure required, in this case, is the transfer of the consular birth registration to a Brazilian registry office.
• The second concerns those born abroad, who have not been registered at a consular office, and whose foreign birth certificate has been transcribed directly into the register of a notary office in Brazil. For those falling into this category, the Constitution determines two conditions to be considered Brazilian: residence in the national territory and confirmation of Brazilian citizenship, through the process called "citizenship option". Such process is pursued by means of an action filed with the Federal Court, the purpose of which is the confirmation of the desire to maintain Brazilian citizenship, and does not represent a renunciation of any other citizenship.

It is also possible to obtain the Brazilian citizenship by applying for a naturalization process if the foreign applicant meets certain specific criteria, such as, show knowledge of Portuguese language, proof of residence in Brazil for a certain minimum period of time (such minimum period varies), among others.

As from October 3^rd, 2023, the rules related to double and multiple citizenship were changed upon the publication of the Constitutional Amendment No. 131/2023.

Since such date, the dual and multiple citizenship are allowed, so any Brazilian citizen acquiring second citizenship will not lose his/her original Brazilian citizenship. Brazilian citizens are not required to register or justify their dual citizenship status.