Naturalization refers to the process by which a person seeks to acquire a second nationality. In Brazil, this procedure can be requested by stateless individuals (without nationality) or citizens of other countries. There are several types of naturalization, including ordinary, extraordinary, provisional and definitive. For many migrants, naturalization represents the consolidation of the choice to reside and fully belong to Brazil. Furthermore, it is a significant step in the integration process, allowing access to rights that are not available to non-nationals, such as the right to a Brazilian passport and the right to vote.
In the case of stateless persons, naturalization may be the route to obtaining their first nationality. A frequent demand among the migrant population is to obtain a Brazilian passport. In many cases, access to the passport from the country of origin is restricted, either due to the impossibility of applying while outside the country of nationality, or due to the government's refusal to provide it to emigrants, especially those who have requested refuge in other countries. Despite the existence of the so-called "Brazilian Passport for Foreigners", also known as the "yellow passport", it is difficult to access and is only issued in very special circumstances. The entire naturalization process takes place within the administrative scope of the Federal Police and the Ministry of Justice in Brazil.
Which individuals are considered natural Brazilians and which are naturalized Brazilians?
In Brazil, nationality is acquired in two ways: the original or primary, automatically obtained at the moment of birth, and the secondary, acquired by those who originally had another nationality or were stateless. The first category includes native Brazilians, while the second covers naturalized Brazilians.
Our Federal Constitution recognizes the acquisition of original Brazilian nationality based on two criteria:
Territorial criterion (jus soli): a person born in Brazilian territory is considered a national of Brazil;
Family ancestry criterion (jus sanguinis): children of Brazilians, even born abroad, acquire Brazilian nationality, as long as at least one of the parents is Brazilian.
On the other hand, obtaining secondary Brazilian nationality depends on the naturalization process, in which a person requests citizenship and the Brazilian State assesses whether to grant it or not. This type of acquisition of nationality can be requested by stateless persons or foreigners.
It is important to note that the law cannot establish distinctions between native and naturalized Brazilians, except in the cases provided for by the Federal Constitution. This reserves, for example, positions such as President and Vice-President of the Republic and Ministers of the Federal Supreme Court exclusively for native Brazilians (according to article 12, § 2 and 3 of the Federal Constitution of 1988).
Comments