Brazilian Nationality: Required Documents and Processing Time

Brazilian nationality is a fundamental right that can be acquired in different ways—either by birth on Brazilian soil or through naturalization processes, each with its own requirements, specific timelines, and mandatory documentation.

This topic attracts significant interest, especially among foreigners residing in Brazil who wish to fully integrate into society and enjoy the civil and political rights guaranteed by the Federal Constitution.

Understanding the types of nationality, the legal criteria, administrative procedures, and the possible grounds for loss and reacquisition of Brazilian nationality is essential for navigating the process safely and clearly.

In this article, we will explore who is entitled to Brazilian nationality, what documents are required, how long the process takes, and how to proceed in cases of loss or recovery of nationality.

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Who Is Considered a Brazilian by Birth?

According to Article 12 of the 1988 Federal Constitution, all individuals born in the Federative Republic of Brazil are considered Brazilians by birth—even if born to foreign parents—unless those parents are serving their home country in an official capacity. Therefore, the principle of jus soli (right of the soil) is the general rule for the attribution of Brazilian birthright nationality.

Additionally, Brazilian nationality may also be granted to children of Brazilian citizens born abroad, provided one of the following conditions is met: the birth is registered with a competent Brazilian consulate, or the individual moves to Brazil and formally opts for Brazilian nationality. This ensures that jus sanguinis (right of blood) is also recognized as a valid criterion for nationality.

Nationality: “Brasileiro” or “Brasileira”?

In Portuguese, the term varies by gender: “brasileiro” for men and “brasileira” for women. However, in legal and administrative contexts, “brasileiro” is often used as a gender-neutral and inclusive term, especially in official documents, forms, and public records.

This technical neutrality helps standardize legal language without invalidating the appropriate use of gendered terms in every day, academic, or cultural contexts.

What Is the Difference Between a Native and a Naturalized Brazilian?

The distinction between a native Brazilian (brasileiro nato) and a naturalized Brazilian is legally significant and directly impacts eligibility for certain rights and public offices.

A native Brazilian is someone born in Brazilian territory or the child of Brazilian parents born abroad, provided their birth is registered with a Brazilian consulate, or they reside in Brazil and later formally opt for Brazilian nationality.

A naturalized Brazilian is a foreign national who voluntarily applies for Brazilian nationality, meeting the legal requirements. This process is managed by the Ministry of Justice and Public Security through the Gov.br platform and results in an administrative act granting nationality.

It’s important to note that certain high-level public offices are constitutionally reserved for native Brazilians, including:

• President and Vice President of the Republic;
• Presidents of the Chamber of Deputies and the Senate;
• Justices of the Supreme Federal Court;
• Members of the diplomatic corps;
• Armed Forces officers;
• And others listed under Article 12, §3 of the Constitution.

What Are the Types of Naturalization in Brazil?

The Migration Law (Law No. 13.445/2017) regulates the various types of naturalization in Brazil, allowing foreign nationals in different situations to regularize their status and become naturalized Brazilians. Each category has specific requirements:

Ordinary Naturalization

The most common form, available to individuals with legal capacity, at least four years of proven residence in Brazil, functional command of Portuguese, and no criminal record. This period may be reduced to two years for individuals with a Brazilian child or a Brazilian spouse of over one year.

Extraordinary Naturalization

Available to those who have legally resided in Brazil for more than 15 uninterrupted years without a criminal record. No language or family ties are required, making this a more straightforward process.

Special Naturalization

Granted to foreigners in particular circumstances, such as:

• Individuals married to Brazilian diplomats on foreign missions;
• Persons who have rendered notable services to the Brazilian State (e.g., humanitarian, scientific, or cultural contributions).

Provisional Naturalization

Intended for foreign minors who entered Brazil before age 10 and have resided continuously until age 18. Upon reaching adulthood, they may request conversion to permanent naturalization, provided legal requirements are met.

What Documents Are Required for Brazilian Naturalization?

The required documents vary by naturalization type, but generally include:

• A formal naturalization request submitted via the Gov.br platform;
• Valid ID, such as a passport or National Migration Registration Card (CRNM), formerly RNE;
• Birth or marriage certificate, translated by a sworn translator and registered with a notary;
• Proof of residence in Brazil (e.g., utility bills, rental contract);
• Criminal background checks from Brazil and the country of origin;
• Proof of lawful income or means of support;
• Proof of Portuguese language proficiency (e.g., interview, declaration, or CELPE-Bras certificate).

Additional documentation may be required based on the specific naturalization process. It is crucial to gather and submit everything correctly to avoid delays or denials.

How Long Does the Naturalization Process Take?

The processing time for naturalization can vary significantly. For ordinary naturalization, the average timeline ranges from 6 to 24 months, depending on the completeness of the application, the volume of pending requests, and the Ministry of Justice’s review process.

Extraordinary naturalization, due to its more straightforward criteria, is often processed more quickly. However, delays may occur in cases involving missing documents or inconsistencies that require additional review.

Applicants can monitor their process online via the Gov.br platform, ensuring greater transparency and convenience.

What Is the Loss of Brazilian Nationality?

Loss of Brazilian nationality may occur under conditions outlined in Article 12, §4 of the Federal Constitution, such as:

Voluntarily acquiring another nationality, except when:

• The new nationality is a legal condition for exercising civil rights or permanent residency abroad;
• The new nationality is acquired automatically by birth abroad or through marriage;
• In the case of naturalized Brazilians convicted by final court ruling for actions deemed harmful to Brazil’s national interests.

In such cases, nationality is revoked by a formal act of the President of the Republic following an administrative process that ensures the right to defense.

How Can Brazilian Nationality Be Reacquired?

Reacquisition of nationality is permitted under the Migration Law and is available to individuals who voluntarily renounced their Brazilian citizenship.

The process involves submitting a formal request to the Ministry of Justice with:

• Proof of ties to Brazil (e.g., residence, family, or work);
• Valid identification and criminal background documents;
• A well-founded justification for the request.

Upon approval, the applicant regains naturalized Brazilian status and resumes all associated rights and obligations.

Conclusion

Acquiring Brazilian nationality is a structured and accessible process of great significance for foreigners seeking to fully integrate into the country in a legal and permanent way.

Understanding the naturalization categories, required documentation, timelines, and legal implications of loss or reacquisition of nationality is essential to ensure legal security and full citizenship.

As a democratic state governed by the rule of law, Brazil values the inclusion and regularization of immigrants, strengthening social, cultural, and economic ties with those who choose the country as their home. Naturalization is, therefore, a key step for those who wish to contribute to this collective future.

If you would like legal assistance from our team, feel free to send us a message on WhatsApp.