Brazil jus soli law

Nothing has changed yet and won't be likely to change anytime in the near future. To change Brazil's traditional legal practice of following Jus Soli, will not only require rewriting the Brazilian Nationality Law (Decreto/Lei 818/1949), but would also require an amendment to the Federal Constitution.

The present government is so unpopular with the rest of the political parties (who outnumber them) that it is highly unlikely that they'd be able to pass either of those, if the current president isn't impeached, which is also a possibility.

Cheers,
James     Expat-blog Experts Team

The rules have changex in the sense that they have made it easier for the parents to get permanent residency. They have cut short the waiting period and the red tape. The law that the child gets c itizenship at birth is still valid

Brazil has no plans of changing their Nationality Law, which clearly states that anyone born in Brazilian national territory is a Brazilian citizen, at least not for the foreseeable future. This is clearly an indication of Brazil's strong support for the legal concept of Jus Soli.

Art. 226 of the Constitution of the Federated Republic of Brazil - 1988 guarantees "special protection" to the family unit and as such anyone who has a Brazilian born child, legally adopts a Brazilian child, as long as the child remains in his/her care and custody or continues to support the child financially pursuant an Order or Agreement for Child Support (Pensão Alimentícia) has a constitutional right for permanency in the country.

It should be noted, however, that citizenship through naturalization is always at the discretion of the government of any nation, Brazil is no exception. There is no corresponding constitutional right to citizenship for the parents of a child born in Brazil. Parents are benefited by a reduced residency requirement (1 year after having obtained permanency, as opposed to 4 years for others), but they still must meet ALL of the legal requirements for citizenship including passing a test of their fulency in Portuguese, having no criminal convictions either in Brazil or abroad, etc.

Cheers,
James      Expat-blog Experts Team

Hi all,

Does anyone know where I can access the form that needs to be filled in for the policia federal when applying for my baby's passport. I was given a link : http://www.dpf.gov.br/simba/passaporte/ … orte-comum

However, it is all in Portuguese. I tried translating it to English and figuring out where the form is but to no avail.

Regards

If you're having problems with the form because you don't understand Portuguese, just go to the Federal Police and ask for some help. That will be the quickest way to resolve your problem.

Cheers,
James  Expat--blog Experts Team

Thanks James,

Appreciate it