Attention:
This service is not responsibility of the Brazilian consular offices.
Therefore, it cannot be carried out at the Embassies of Brazil.
This page contains information on how to forward your request directly to the competent Brazilian Authority.
I. Born Brazilians (Brasileiros Natos)
II. Naturalized Brazilians (Brasileiros Naturalizados)
III. Dual or Multiple Nationalities
IV. Loss of Nationality
V. Reacquisition of Nationality
I. Born Brazilians (Brasileiros Natos)
According to article 12, item I, of the Federal Constitution, as amended by Constitutional Amendment nº 54/2007, born Brazilians are:
a) those born in the Federative Republic of Brazil, even to foreign parents, provided that they are not in the service of their country;
b) those born abroad, to a Brazilian father or Brazilian mother, provided that either of them is in the service of the Federative Republic of Brazil;
c) those born abroad to a Brazilian father or a Brazilian mother, provided that they are registered in a competent Brazilian consular office or come to reside in the Federative Republic of Brazil and choose, at any time, after reaching age of majority (18 years), wether they want the Brazilian nationality.
The constitutional hypothesis that applies to children of Brazilians born abroad is item “c” of item I of article 12 of the Federal Constitution, reproduced above. The device refers to two distinct situations:
• the first relates to those who were registered in Brazilian consular offices (Embassies and Consulates of Brazil abroad), for which the constitutional text establishes that the consular birth registration is sufficient to guarantee full Brazilian nationality and all the rights arising therefrom. The only measure required, in this case, is the transcription of the consular birth registration certificate at a Brazilian registry office (Cartório), as will be explained below.
• the second concerns those born abroad, not registered in consular offices, and whose foreign birth certificate has been transcribed directly at a notary's office (Cartório) in Brazil. For those who fall into this category, the Constitution determines two conditions for them to be considered Brazilians: residence in the national territory and confirmation of Brazilian nationality, through the process called “nationality option”, after they reach 18 years of age.
The consular birth registration is, therefore, sufficient to grant Brazilian nationality to children of Brazilians born abroad, without the need for further formalities or the fulfillment of requirements for their confirmation. It is necessary, however, that, as soon as possible, the consular birth certificate is transcribed in the 1st Office of Civil Registry of Natural Persons of the District of the domicile of the interested party, or in the 1st Office of Civil Registry of Natural Persons of the Federal District (if not residing in Brazil), so that it can have full effects in the national territory.
In this way, it is recommended that Brazilians register their children born abroad in a Brazilian consular office (any Embassy or Consulate is able to process this service), in order to guarantee them the rights arising from Brazilian citizenship through a simpler and more practical process.
The consular registration of birth can be done at any time, regardless of the age of the registrant, as long as there is no previous registration in a Brazilian notary, given the legal prohibition against duplication of birth records.
The interested party should contact the Brazilian consular office closest to their domicile of residence to receive information on the documentation to be presented.
For residents of Finland, birth registration is carried out at the Brazilian Embassy in Helsinki – Consular Section. Instructions can be found on our Birth Registration page.
Direct registration at a competent notary office in Brazil
The children of a Brazilian born abroad, whose foreign birth certificate has been transcribed directly at a competent notary in Brazil, have the confirmation of Brazilian nationality conditioned, after reaching the age of majority, to the requirements of residence in Brazil and option for Brazilian nationality, which must occur through an judicial process to be filed with the Federal Court. The process, called “nationality option”, only aims to confirm the desire to maintain Brazilian nationality, and does not represent a waiver of any other nationalities. After reaching the age of majority, the national condition will be suspended until the option for Brazilian nationality is made.
Important remarks
• Children of a Brazilian born abroad and not registered in a Brazilian consular office, or who have not provided the transcription of the foreign birth certificate in a competent registry office in Brazil, are considered foreigners by the national authorities and cannot have access to some consular services and consular protection abroad. For trips to Brazil, depending on the foreign nationality, they may even need a visa to enter Brazilian territory.
• Children of a Brazilian born abroad between June 7, 1994 and September 21, 2007 (effectiveness of the Constitutional Revision Amendment No. 3/1994), whose consular birth records present, in the "observation" field, the following conditions of residence in Brazil and the option of nationality for the confirmation of Brazilian nationality, may, based on article 12 of Resolution 155/2012 of the National Council of Justice, request the withdrawal of said Note.
Legal base
Federal Constitution of 1988, article 12;
Law No. 13,445/2017, article 75;
Decree No. 9,199/2017, articles 248 to 253;
Interministerial Ordinance No. 11, of 05/03/2018, of the Ministry of Justice and Public Security;
Convention for the Reduction of Statelessness, promulgated by Decree No. 8.501/2015.
II. Naturalized Brazilians (Brasileiros Naturalizados)
According to article 12, item II, of the Federal Constitution, the following are naturalized Brazilians:
a) those who, in accordance with the law, acquire Brazilian nationality, requiring that those originating from Portuguese-speaking countries only residency for one uninterrupted year and moral integrity;
b) foreigners of any nationality, residing in the Federative Republic of Brazil for more than fifteen uninterrupted years and without criminal conviction, provided that they apply for Brazilian nationality. (Constitutional Revision Amendment nº 3, of 1994).
Brazilian naturalization is the exclusive competence of the Ministry of Justice and Public Security. Additional information can be obtained athttps://www.gov.br/pt-br/servicos/solicitar-naturalizacao
Consular assistance to naturalized Brazilians
There is no distinction between the assistance provided by Brazilian consular offices abroad to native and naturalized Brazilians. Everyone will be entitled to the same rights and services.
Legal base
Federal Constitution of 1988, article 12;
Law No. 13,445/2017, article 75;
Decree No. 9,199/2017, articles 248 to 253;
Interministerial Ordinance No. 11, of 05/03/2018, of the Ministry of Justice and Public Security;
Convention for the Reduction of Statelessness, promulgated by Decree No. 8.501/2015.
III. Dual or Multiple Nationalities
The Federal Constitution provides for the possibility of Brazilians having dual or multiple nationalities/citizens in two cases:
• when there is recognition of original nationality by foreign law. In this case, nationality derives from foreign law, which recognizes as nationals those born in its territory or children/descendants of its nationals; and
• when there is an imposition of nationality by the foreign law, through a naturalization process, on the Brazilian residing in a foreign state, as a condition for staying in its territory or for the exercise of civil rights.
That is, the national legal system allows Brazilians to have dual or multiple nationalities ONLY if the other nationality(ies) arise from birth in a foreign territory (original nationality), of foreign ancestry (original nationality) or naturalization by imposition of a foreign rule.
Thus, pursuant to article 12, § 4, item II of the Federal Constitution of 1988, combined with articles 249 and 250 of Decree No. 9,199/2017, Brazilians who voluntarily adopt another nationality, that is, in disagreement with the exceptions provided in the constitutional text, may besubject to an administrative procedure for the loss of Brazilian nationality. In the course of the process, instituted within the scope of the Ministry of Justice and Public Security, Brazilians in this situation are guaranteed the principles of contradictory and full defense. In the absence of proof that one of the exceptions allowed by the Federal Constitution has occurred, the loss of Brazilian nationality may be decreed. This is not an automatic process, but one that may be instituted by the authorities of the Ministry of Justice and Public Security.
For more information, see the Loss of Nationality section.
Comments
The condition of dual or multiple nationalities may result in a reduction in the possibility of consular protection by the Brazilian State. This means that, when being detained or having any legal problem in the country of which he/she holds the nationality, the Brazilian national will be subject to the laws of that country and may not have recognized the right to communicate with a Brazilian Representation (Embassy or Consulate). Under the Vienna Convention on Consular Relations, consular assistance to be provided to dual nationals, when these citizens are in a country of which they are also nationals, will be quite limited. Thus, if the Brazilian national intends to travel to a country of which he also holds the nationality, it is necessary to be aware of the limitations of action of Brazilian consular offices with regard to consular protection.
Legal base
Federal Constitution of 1988, article 12;
Law No. 13,445/2017, article 75;
Decree No. 9,199/2017, articles 248 to 253;
Interministerial Ordinance No. 11, of 05/03/2018, of the Ministry of Justice and Public Security;
Convention for the Reduction of Statelessness, promulgated by Decree No. 8.501/2015.
According to article 12, § 4, of the Federal Constitution, the loss of nationality will be declared for Brazilians who:
I - had their naturalization canceled, by court decision, due to activity harmful to the national interest;
II - acquire another nationality, except in the following cases:
a) recognition of original nationality by foreign law;
b) imposition of naturalization, by the foreign law, on the Brazilian residing in a foreign state, as a condition for permanence in its territory or for the exercise of civil rights.
Thus, pursuant to article 12, § 4, item II of the Federal Constitution, combined with articles 249 and 250 of Decree No. 9,199/2017, Brazilians who voluntarily adopt another nationality, that is, in disagreement with the exceptions provided for in the constitutional law, may be the object of an administrative procedure for the loss of Brazilian nationality. In the course of the process, instituted within the scope of the Ministry of Justice and Public Security, Brazilians in this situation are guaranteed the principles of contradictory and full defense. In the absence of proof that one of the exceptions allowed by the Federal Constitution has occurred, the loss of Brazilian nationality may be decreed. This is not an automatic process, but one that may be instituted by the authorities of the Ministry of Justice and Public Security.
Loss of nationality at the request of the interested party
Brazilians who permanently possess another nationality and wish to lose their Brazilian nationality may send the request directly to the Ministry of Justice and Public Security, through the Electronic Protocol, or by mail, to the address:
Migration Department
Ministry of Justice and Public Security
Esplanade of Ministries, Block T, Annex II, room T3
Brasilia DF
CEP: 70.064-900.
The request model, the list of necessary documents and the guidelines for sending and monitoring the request are available on the Ministry of Justice and Public Security website,https://www.gov.br/pt-br/servicos/optar-pela-perda-de-nacionalidade-brasileira
Effects of losing Brazilian nationality
The loss of Brazilian nationality will take effect from the publication of the declaratory ordinance of the Minister of Justice and Public Security in the Federal Official Gazette (Diário Oficial da União - DOU). After the publication of the act, the interested party will be considered, for all purposes, a foreigner before the Brazilian State.
Risk of statelessness
It is not possible to request the loss of Brazilian nationality without proof that the interested party has another nationality, definitively. Such restriction aims to avoid statelessness (absence of nationality), as determined by the 1961 United Nations Convention for the Reduction of Statelessness, in force in Brazil. The Convention provides that "if the law of a Contracting State permits the waiver of nationality, such waiver shall be valid only if the person concerned has or acquires another nationality" (Article 7.1.a), and that "Contracting States shall not deprive a person of his nationality if that deprivation would make him a stateless person" (Article 8.1).
Loss of nationality of minors
In the Brazilian legal system, as nationality is a very personal right, it is not possible for a minor to request its loss, even through his parents or legal representatives. In this way, only the interested party, after reaching the age of majority (18 years of age), can request the loss of his Brazilian nationality.
Legal base
Federal Constitution of 1988, article 12;
Law No. 13,445/2017, article 75;
Decree No. 9,199/2017, articles 248 to 253;
Interministerial Ordinance No. 11, of 05/03/2018, of the Ministry of Justice and Public Security;
Convention for the Reduction of Statelessness, promulgated by Decree No. 8.501/2015.
V. Reacquisition of Nationality
According to article 76 of Law No. 13,445/2017, “the Brazilian who, due to the provisions of item II of § 4 of art. 12 of the Federal Constitution, has lost his nationality, once the cause has ceased, he may reacquire it or have the act that declared the loss revoked, in the manner defined by the competent body of the Executive Power”.
That is, national legislation provides for two different ways to regain Brazilian citizenship: through the process of reacquiring nationality or through the process of revocation of the act that declared the loss of nationality. Both forms apply to different cases.
The first modality, the process of reacquisition of nationality, applies to the individual who has lost Brazilian nationality due to the voluntary acquisition of another nationality, that is, through a naturalization process not imposed by the foreign norm as a condition for staying in its territory, or for the exercise of civil rights. It has as a condition the waiver of another nationality, which must be proven through documents issued by the foreign state. In order to avoid the risk of statelessness (absence of nationality), when requesting the reacquisition of Brazilian nationality, the individual may demonstrate that he/she has filed a request to renounce the acquired nationality with the foreign government.
The reacquisition of Brazilian nationality will be granted on a precarious basis, by means of an Ordinance of the National Secretary of Justice, published in the Federal Official Gazette, at the end of an administrative process, initiated at the request of the interested party, guaranteeing the ample defense.
Once the reacquisition of Brazilian nationality is granted, the interested party will have a period of 18 months to prove the effective loss of the derived foreign nationality. After the period has elapsed without due proof, a new Ordinance of the National Secretary of Justice will be published, which will render ineffective the decision that granted the reacquisition of Brazilian nationality.
The second modality, the revocation of the act that declared the loss of Brazilian nationality, has an exceptional character and may be requested by the interested party only in cases where the loss of Brazilian nationality has occurred despite the exceptions provided for in article 12, § 4, item II, items “a” and “b” of the Federal Constitution. In other words, the interested party must prove that the acquisition of another nationality was due to (a) recognition of original nationality by foreign law or (b) imposition of naturalization, by foreign law, on the Brazilian residing in a foreign state, as a condition for permanence. in its territory or for the exercise of civil rights.
Requests for reacquisition of Brazilian nationality and revocation of the act that declared the loss of Brazilian nationality must be sent directly to the Ministry of Justice and Public Security, through the Electronic Protocol, or by mail, to the address:
Migration Department
Ministry of Justice and Public Security
Esplanade of Ministries, Block T, Annex II, room T3
Brasilia DF
CEP: 70.064-900.
The request model, the list of necessary documents and the guidelines for sending and monitoring the request are available on the website of the Ministry of Justice and Public Security, athttps://www.gov.br/pt-br/servicos/readquirir-nacionalidade-brasileira
Legal base
Federal Constitution of 1988, article 12;
Law No. 13,445/2017, article 76;
Decree No. 9,199/2017, article 254;
Interministerial Ordinance No. 11, of 05/03/2018, of the Ministry of Justice and Public Security;
Convention for the Reduction of Statelessness, promulgated by Decree No. 8.501/2015.
