Migration, Visas and Residence of Foreigners to Brazil /
Activities exclusively for Brazilians: a list and alternatives for foreigners!
Some professional activities are exclusive to Brazilians. Check out the list of cases and the alternatives for foreigners who want to work in the country.
Check it out!
If you would like legal assistance from our team, send us a message on WhatsApp.
In this text, I will explain:
- What is an activity exclusive to Brazilians?;
- Why are some activities exclusive to Brazilians?;
- Can naturalized Brazilians perform these activities?;
- What are the exclusive activities?;
- Are there similar alternative options for foreigners?;
- What if the foreigner has Brazilian citizenship?
What is an activity exclusive to Brazilians?
Activities exclusive to Brazilians are those that only native-born Brazilians can perform. In principle, these activities include leadership positions in the Brazilian state and the army.
It’s worth adding that, in these cases, it is not possible to perform such activities even for naturalized Brazilians. But why is this?
Why can some activities in Brazil only be performed by Brazilians?
The restriction on activities that can only be performed by Brazilians, specifically native-born Brazilians, occurs for security reasons. That is, these activities deal with sensitive issues for the State and the nation, such as sovereignty and national security. Thus, the restriction is a mechanism for protecting the Brazilian State.
As mentioned, the restriction also applies to naturalized Brazilians. That is, although the Federal Constitution states that there is no distinction between native-born and naturalized Brazilians, in practice there are exceptions. In short, these are exceptions related to sensitive activities, as we explained.
The Constitution itself provides for exceptions:
§ 2º The law may not establish a distinction between native-born and naturalized Brazilians, except in the cases provided for in this Constitution.
What are the activities exclusive to Brazilians?
The activities exclusive to Brazilians are:
- President of the Republic: The President is the highest authority in the country and also the leader of the Executive Branch, one of the Three Powers. In addition to being head of state, he/she is also head of government, and can make important decisions about the country. Furthermore, it is the President’s responsibility to represent Brazil internationally;
- Vice-President of the Republic: His/her duty is to defend and uphold the Brazilian Constitution, as well as to observe laws, protect Brazil, and maintain the country’s independence. If the President of the Republic is absent due to travel or any other reason, it is the Vice-President’s responsibility to replace him/her, as in the case of death or removal from office;
- President of the Chamber of Deputies: He/She is the third in line to succeed the President of the Republic, and also plays the role of conducting the work in the Plenary. He/She also commands the group of leaders of Brazilian political parties.
- President of the Federal Senate: The President of the Senate has the function of convening and presiding over sessions, as well as communicating between the Senate and Brazil.
- Supreme Court Justice: Has the role of “guardian” of Brazil, oversees and demands that the Brazilian Constitution be respected. In addition, judges possible crimes that may be committed by the President of the Republic;
- Diplomacy Career: Diplomats are involved in activities exclusive to native-born Brazilians. Furthermore, they are responsible for representing Brazil abroad, acting as an intermediary in cultural, administrative, political, economic, and even environmental matters;
- Armed Forces Officer: Officers, like the Armed Forces themselves, aim to defend Brazil, even internationally, as well as uphold the Law and Constitutional Powers;
- Minister of State for Defense: The Minister of Defense works to ensure that Brazilian sovereignty is upheld and respected. Furthermore, they work in conjunction with the Armed Forces, aiming for the well-being of the Brazilian population.
Upon acquiring citizenship, can a foreigner perform activities exclusive to Brazilians?
Officially, citizenship is the naturalization of a foreigner. That is, they become Brazilian, but by naturalization. As explained, there is a distinction between native-born and naturalized Brazilians in cases of sensitive activities of the Brazilian State.
Therefore, upon acquiring “citizenship,” a foreigner cannot perform these exclusive activities listed by the Federal Constitution.
Are there similar alternative options that foreigners can pursue? If so, what are they?
Partially! A naturalized Brazilian can participate in political activities, in official positions, but with restrictions on higher-level positions. That is, there is no substitute for the position of President of the Republic, for example.
However, there are other positions such as city councilor, vice-mayor or mayor, senator, state representative, or federal representative.
Furthermore, it is worth remembering that in the case of senators and representatives, naturalized Brazilians cannot run for president of the Senate or the Chamber of Deputies.
Furthermore, non-naturalized foreigners are not eligible to apply for the aforementioned positions.
In summary
In summary, positions sensitive to the Brazilian state, involving issues such as national sovereignty and security, cannot be held by either foreigners or naturalized Brazilians. In other words, these are activities exclusive to native-born Brazilians.
However, naturalized Brazilians can indeed perform other types of political activities in other spheres of government. Foreigners, on the other hand, must first obtain naturalization before competing for and/or occupying such positions.
If you would like legal assistance from our team, send us a message on WhatsApp.