III. Brazil
Brazil practices the automatic grant of nationality, providing universal jus soli citizenship for all children born in Brazil; the only exception is for children born to parents
who are in Brazil in the service of a foreign government. Brazil’s unrestricted jus soli
exemplifies the most common method for acquiring nationality in the continental
Americas: 17 other countries in the region follow the same practice.75
However, like many other countries in Latin America, Brazil expanded jus sanguinis provisions recently, in 2007. A child born outside Brazil’s territory can gain Brazilian
nationality if born to a Brazilian parent who is in the service of the Brazilian government, or if born to a national of Brazil who either registers the birth at a consular office
or goes through a federal procedure to confirm nationality.
Brazil’s unrestricted jus soli norms, enshrined in early constitutional provisions,
have been the law throughout the country’s history. In this regard and others, Brazil
exemplifies good practices: in addition to unrestricted jus soli, the government has supported a civil society campaign to expand jus sanguinis provisions for stateless children
born outside of the territory to Brazilian parents,76 and enacted legislation to address
statelessness. There are promising signs that Brazil will continue to enact inclusive
policies and protections for stateless populations, evidenced by pending draft legislation
proposing a statelessness determination procedure and facilitated naturalization for
recognized stateless persons. Unfortunately, this promising initiative has yet to secure
adoption.77
Place of birth and parentage are fundamental factors in proving entitlement
to nationality under the law, regardless of whether it stems from jus soli or jus sanguinis.78 In Brazil, birth certificates serve as direct proof of nationality, so procedures
for birth registration are fundamental to ensuring the right to Brazilian nationality at
BORN IN THE AMERICAS
39
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