Case Law There is very limited case law in Brazil related to citizenship. The Brazilian Federal Supreme Tribunal (Superior Tribunal de Justiça), the highest court in Brazil, has not made any rulings on restrictions to the right to nationality based on jus soli norms. The “” court has, however, made rulings under Brazil’s refugee determination procedure concerning statelessness and the recognition of the status of stateless refugees,128 but none relate to Brazilian-born children who cannot access their nationality due to a denial of birth registration. Most nationality cases litigated before federal court relate to nationality based on jus sanguinis through the expedited process of writ of nationality (Ação de Opção de Nacionalidade).129 Brazil requires claimants to petition issues related to birth registration before ordinary (non-federal) courts. Brazil’s Constitutional Court (Supremo Tribunal Federal), offers no relevant legal cases. This absence of jurisprudence might be the result of difficulties accessing justice, particularly the cost and burden of litigating the series of appeals that reaching one of these courts would require. Populations at Risk of Statelessness The indigenous population of Brazil numbers only 817,963 people (0.4%) out of the country’s population of over 200 million,130 but this group has the highest rate of birth under-registration in the country. Nationally, 93.4% of Brazilian children under age one have a birth certificate, but only 57.9% of indigenous children within that age range do; similarly, 98.1% of Brazilian children all children under age 10 have a birth certificate, whereas only 67.8% of indigenous children do.131 Brazil’s civil registration outreach campaigns target indigenous groups in order to address this gap.132 The Brazilian Constitution, Chapter 8, creates a constitutional framework specifically aimed at the recognition and protection of the rights of indigenous people. Furthermore, Decree 5.051 of 2004 incorporates the International Labor Organization Convention 169 on indigenous and tribal peoples, and under the mandate of the Ministry of Justice the National Foundation of the Indigenous (FUNAI), the decree oversees the promotion and implementation of public policies in favor of indigenous groups. FUNAI has reported133 that it periodically coordinates activities with the different federal and local government agencies in charge of identity documentation processes to ensure the promotion of the right to identity among indigenous groups. Within regions where services are lacking or communities are hard to reach, FUNAI works with the National Social Security Institute and its mobile units to facilitate registration. FUNAI local officers assist in registration of births for indigenous communities that do not BORN IN THE AMERICAS 45