84. Vonk, op. cit., 214–15.
85. See also, Luma Goularte Sant’anna and Maria Fernanda Pereira Rosso, “Brasileirinhos Apátridas: O Caso dos Filhos de Brasileiros Nascidos no Exterior,” Revista di Direito Brazileira 1, no. 1
(2011), available at: http://www.rdb.org.br/ojs/index.php/revistadireitobrasileira/article/view/68;
UNCHR website: http://www.acnur.org/t3/portugues/quem-ajudamos/apatridas/campanha-dasconvencoes-sobre-apatridia/apatridia-entre-expatriados-brasileiros/.
86. Signed on July 7, 1992, and ratified on September 25, 1995, available at: http://www.oas.org/
dil/esp/tratados_B-32_Convencion_Americana_sobre_Derechos_Humanos_firmas.htm.
87. Signed January 26, 1990 and ratified on September 24, 1990.
88. Signed March 31, 1981 and ratified February 1, 1984.
89. With regards to the 1961 Convention, the Government of Brazil made the following declaration: “The National Congress of Brazil approved the text of the Convention on the Reduction of
Statelessness by means of Legislative Decree n. 274, of October 4, 2007. In accordance with Legislative Decree n. 274/2007, the text of the Convention is approved expressly with the restriction
allowed for in Article 8 (3) (a) (ii) of the Convention, so that the Federative Republic of Brazil retains
the right to deprive a person of his nationality when he conducts himself in a manner seriously
prejudicial to the vital interests of the Brazilian State.” In this regard, it is noted that the instrument
of accession to the Convention deposited by Brazil with the Secretary-General on October 25, 2007
did not specify the above restriction, in accordance with Article 8 (3) of the Convention, thus leaving
the jus soli safeguard provision unaltered, and hence being bound by it. Available at: https://treaties.
un.org/doc/Publication/CN/2009/CN.916.2009-Eng.pdf.
90. Constitution of the Republic of Brazil, Article 5 LXXVIII §3°, available at: https://www.constituteproject.org/constitution/Brazil_2014.pdf.
91.
pdf.
Ibid., Article 60, available at: https://www.constituteproject.org/constitution/Brazil_2014.
92. Constitution of the Republic of Brazil, Chapter 3, available at: https://www.constituteproject.
org/constitution/Brazil_2014.pdf.
93. http://www.planalto.gov.br/ccivil_03/leis/l6815.htm.
94. RCA No. 3, 1994; CA No. 23, 1999; CA No. 54, 2007.
95. Article 12 II section 3 of the Brazilian Constitution enlists the following public offices as
exclusive to Colombian nationals by birth: president and vice president of the republic, president of
the Chamber of Deputies, leader of the first chamber, president of the Federal Senate, leader of the
second chamber, minister of the Supreme Federal Tribunal, any diplomatic career, officers of the
armed forces, and minister of defense. Other constitutions in the region similarly only distinguish
between naturalized citizens and citizens born in the territory for the purpose of restricting certain
public offices. However, an explicit recognition of the principle of equality in relation to nationality,
as framed in the Brazilian Constitution, is not found in other constitutions in the region. Nonetheless, the barring of naturalized citizens from holding certain public offices was litigated in Mexico,
where the Supreme Court ruled that such a distinction was constitutional. See also, http://www2.
scjn.gob.mx/AsuntosRelevantes/pagina/SeguimientoAsuntosRelevantesPub.aspx?ID=130605&Seg
uimientoID=370.
BORN IN THE AMERICAS
95
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