Approval of the PEC: the end of the automatic loss of Brazilian Nationality for naturalized citizens
In September, changes to Brazilian nationality were approved by the Chamber of Deputies. Find out now how these changes affect you and what precautions you need to take when naturalizing as a Brazilian citizen.
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Who is affected by the decision on Brazilian nationality?
The approval of the PEC impacts foreigners who decide to adopt another nationality but have already obtained Brazilian naturalization, as well as native Brazilians who choose another nationality, in addition to their nationality of origin.
Examples:
Juan is Argentinian and became a Brazilian citizen while living in Brazil. Since he moved to Uruguay and has lived there for a considerable amount of time, he also decided to become a Uruguayan citizen. With the approval of the PEC, Juan does not lose his right to Brazilian nationality.
Mariana is Brazilian and moved to Italy many years ago and decided to become an Italian citizen. With the process and approval of the PEC, she does not lose her Brazilian nationality.
News about Brazilian Nationality
On September 12, 2023, an important milestone occurred in the Brazilian political scene when the Chamber of Deputies approved, in the first round, a Proposed Amendment to the Constitution (PEC) that has significant implications for the issue of nationality in Brazil.
This PEC, which had already been approved by the Senate previously, proposes the elimination of the automatic loss of Brazilian nationality for those who naturalize as citizens of other countries.
In addition, this change represents a crucial step towards a more flexible and inclusive approach to citizenship, in line with global trends in mobility and national belonging.
The PEC: How does it work?
The approval of the PEC that puts an end to the automatic loss of Brazilian nationality for naturalized citizens represents a historic moment in the country’s legislation.
This measure, which received support from 464 votes in favor, now moves towards enactment, signaling a change in the treatment of Brazilian citizens who choose to seek citizenship in another country.
Until now, obtaining another nationality led to the automatic loss of Brazilian citizenship, often leaving individuals in a complex legal situation, such as statelessness, and, in some cases, without access to rights and protections that Brazilian citizens enjoy.
The Remaining Hypotheses for Loss of Nationality
Although the PEC eliminates the automatic loss of Brazilian citizenship for naturalized individuals, you should know that there will still be two specific hypotheses in which the loss of nationality can occur.
The first of these is the cancellation of the naturalization process by court order, which applies in cases of fraud in the naturalization process or when an individual is considered a threat to the Democratic State and the judicial order. This provision aims to protect the integrity of the naturalization system and prevent abuses.
The second hypothesis is the renunciation of nationality, except in cases where the renunciation would leave the person without any nationality, making him or her stateless.
In fact, statelessness is an extremely problematic situation, as stateless individuals often face significant difficulties in accessing basic rights and legal protections. Therefore, maintaining Brazilian nationality in these circumstances is a humanitarian measure that avoids potential situations of vulnerability.
The Possibility of Reacquiring Brazilian Nationality
One of the notable features of the PEC is the provision that opens the door for those who have renounced their Brazilian nationality to reacquire it at some point in the future.
This is relevant for individuals who may have made the difficult decision to renounce their Brazilian citizenship for personal or practical reasons, but who wish to reaffirm their connection to Brazil at some later point.
This flexibility can be seen as a gesture of inclusion and recognition of the complexity of individual decisions related to citizenship.
Potential Benefits of the Change
The approval of the PEC brings a number of potential benefits to Brazil and to citizens seeking naturalization in other countries. Some of the most notable advantages include:
- Promoting International Mobility: eliminating the automatic loss of Brazilian nationality may encourage more Brazilians to explore opportunities abroad, such as studying, working, and living in other countries, without the fear of losing their citizenship of origin;
- Protecting Citizens’ Rights: maintaining Brazilian citizenship for those who acquire another nationality ensures that these individuals still have access to the rights and benefits associated with Brazilian citizenship, such as the right to return to their country of origin and consular assistance in cases of need;
- Reducing Statelessness: the provision that prevents the waiver that would leave someone stateless is an important step toward preventing this precarious situation. Statelessness is a global problem that the international community has sought to combat.
Approval of PEC: new Brazilian citizens
The approval of the PEC that ends the automatic loss of Brazilian nationality for naturalized citizens marks a significant change in Brazil’s approach to citizenship.
This measure offers greater flexibility to citizens seeking naturalization in other countries and recognizes the complexity of decisions related to citizenship.
In addition, this legislative change reflects the evolution of notions of belonging and national identity in an increasingly globalized and interconnected world.
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