How to Obtain Equal Rights for Portuguese Citizens

Portuguese citizens residing in Brazil can apply for the benefit of equal rights. The benefit must be requested by the interested Portuguese citizen since its concession is not automatic. Understand now, the Portuguese equals rights.

In this article, we will detail how the application works, who can apply for the benefit, and answer the main questions about the process.

Author: Lucas Velozo de Mello Marchiori

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What is the use of equal rights for Portuguese citizens in Brazil?

Portuguese citizens residing in Brazil can apply for equal rights without going through the Brazilian naturalization process. Both Portuguese who are not interested in Brazilian naturalization, and those who still do not meet the requirements, tend to apply for this benefit.

There are different types of equal rights, with changing requirements for each.

Can any Portuguese citizen residing in Brazil request Portuguese equal rights?

The first requirement for a Portuguese citizen to apply for equal rights is to be a resident of Brazil. However, not any type of residence permit meets the requirement.

The residence permit of the Portuguese citizen in Brazil must be for an indefinite period.

If you want to have more details about the types of permanent residence permits in Brazil, visit our article dedicated to the subject. 

The Portuguese citizen must also have the civil capacity, and be over 18 years old. The Portuguese citizen will have the right to apply to the Brazilian authorities for equal civil rights by meeting these conditions.

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Equal civil Portuguese equal rights and obligations

Equal civil rights and obligations are a benefit that guarantees the rights of civil life in Brazil, not including political rights.

To apply for this benefit, it is sufficient for the Portuguese immigrant to present a Certificate of Nationality. This certificate must state that the immigrant is in good standing in Portugal.

In addition, the immigrant must prove to have habitual residence in Brazil. There is no minimum residence period to prove.

Portuguese citizens must prove their effective residence in Brazil through vouchers. In this way, documents such as water bills, energy bills, credit cards, and rental contracts, among others, can be presented.

What are the civil rights and obligations?

Equal civil rights and obligations encompass a series of aspects.

Civil rights have a direct connection with the individual freedom of the citizen. Thus, they involve freedom of thought, the right to property, the right to enter into valid contracts, and the right to justice.

In practice, the Portuguese citizen benefitting equal rights and civil obligations may request the RG. Thus, the citizen will be able to have the Brazilian identity document, without having to naturalize.

Civil rights and obligations and enjoyment of political rights

There is a specific benefit for Portuguese citizens who also wish to exercise political rights in Brazil. This benefit is called equality of civil rights and obligations and enjoyment of political rights.

The required documents are the same as for equal civil rights and obligations. However, this benefit has a greater requirement to be achieved.

Therefore, it is not enough for the Portuguese citizen to have habitual residence in Brazil. It will be necessary to demonstrate that he has resided permanently in Brazil for at least 03 years.

What are political rights?

Political rights involve participating directly in political life in Brazil. Thus, the Portuguese citizen who obtains this benefit will be entitled to participate in political life.

It will be possible to apply for voter registration in Brazil. Therefore, the Portuguese citizen with the benefit will have the right to vote, even if he is not a Brazilian citizen.

Political rights for those who already have equal civil rights and obligations

Portuguese citizens who have already obtained equal rights and civil obligations in Brazil can apply for political rights. However, the citizen must respect the period of 03 years of definitive residence in the country.

The Portuguese citizen must present another document to request political rights in these cases. A Copy of the Brazilian Identity Card and the original copy for verification will be required to apply for the benefit.

What is the procedure for applying for the benefit?

The Ministry of Justice and Public Security is competent to analyze requests for equal rights. The request for the benefit must be made in person by physical protocol, or online using electronic protocol.

The online request must be made through the External User Access by Electronic Petition of the SEI System. However, for this petition to take place, it is necessary to register on the electronic portal of the Ministry of Justice and Public Security.

In addition, through registration, it is possible to follow the entire progress of the request for the benefit. It is also possible to check the application’s status by emailing the Ministry of Justice.

Our lawyers can assist and request this benefit. So click here to get in touch with our experts.

Does the equality benefit have an expiry date?

The benefit of equal rights and duties is not a lifetime benefit. The duration of the benefit depends on the residence permit in Brazil.

Therefore, the Portuguese citizen who loses the status of permanent resident in Brazil will also lose the benefit of equal rights. Permanent residents in Brazil mustn’t stay outside Brazilian territory for more than two years.

Likewise, Portuguese citizens who lose their Portuguese nationality, regardless of the reason, will also lose the benefit of equality.