an original signatory to the 1954 Convention relating to the Status of Stateless Persons
(ratified in August 1996), and a party to the 1961 Convention on the Reduction of Statelessness (ratified in 2007).89 Under Constitutional Amendment No. 45 of 2004, which
provides that “international treaties and conventions on human rights approved by both
houses of the National Congress, in two different voting sessions, by three-fifths votes
of their respective members, shall be equivalent to Constitutional Amendments,”90 the
1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the
Reduction of Statelessness, and the ACHR all have constitutional authority.91
Current Legal Framework Regarding Nationality
Brazil’s Constitution enshrines jus soli nationality. Article 12 establishes the basic rules
on acquisition of Brazilian nationality.92 The nationality laws and Law 6.815/1980 define
the legal status of foreigners in Brazil, establish the National Immigration Council, and
stipulate the legal requirements for naturalization93; the former was amended in 1994
and the latter amended twice, once in 1999 and then in 2007.94 The Constitution of
Brazil explicitly provides that naturalized Brazilians and Brazilians born in the territory are “equal”; the only distinction it permits is that “certain offices … are restricted to
nationals of origin.”95 Those born abroad to a Brazilian parent who is in the service of
the Federal Republic of Brazil automatically become nationals of Brazil. Children born
in a foreign territory to a Brazilian parent can opt for Brazilian nationality after reaching
majority if the Brazilian parent register the birth with a competent Brazilian authority or
if they return and reside in the country.96 The Constitution establishes that the federal
government has exclusive authority to legislate on matters of nationality, citizenship and
naturalization,97 as well as civil registration including birth registration.98
Implementation of Nationality Laws
The federal authority that implements Brazilian nationality matters is the Ministry of
Justice (Ministério da Justiça). However, entities in charge of civil registration and documentation of identity processes, which are distinct and separate from the Ministry of
Justice, are also essential actors in the implementation of norms that relate to the right
to nationality. The federal government has the power to regulate civil registration, but it
delegates the country’s civil registration system and notary service structures to private
actors,99 creating multiple challenges to delivering a uniform birth and civil registration system.100
BORN IN THE AMERICAS
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