Ana Rita Gil and Nuno Piçarra
simple fact of having once been Portuguese is enough to prove a link with the Portuguese
community. This clause also aims to avoid situations of statelessness (Ramos 2007: 209). To
benefit from this mode of reacquisition, the applicant must not have acquired another
citizenship. If the individual has lost Portuguese citizenship and has acquired foreign
citizenship, then the government may grant a discretionary naturalisation (art. 6(6)).85
Quasi-citizenship status of nationals of countries which have Portuguese as their official
language
Decolonisation had an enormous impact in citizenship legislation. It contributed to the creation
of a privileged status for nationals of Lusophone countries, characterised by the conferral of a
series of rights regarding political participation which had previously been given only to
Portuguese nationals. A common language and history among Lusophone countries was the
determining factor for maintaining mutual privileged ties, which was also established as a
fundamental principle in Portuguese Foreign Policy (art. 7(3) of the Constitution). These ties
led to the creation of a Lusophone status of citizenship, which has its origins in the 1971
Convention on Equal Rights and Obligations between Portugal and Brazil.86 Art. 15(3) of the
1976 Portuguese Constitution gave citizens of Lusophone countries, through international
agreement and reciprocity, rights that other foreigners did not have, with the only exception
being access to higher positions in the government of the country. In response to demands by
Brazilians, a treaty of friendship on equal rights was signed in 2000, strengthening the LusoBrazilian citizenship status created by the 1971 Convention. Furthermore, the 2001
constitutional review reworded art.15(3) allowing the law to confer on citizens of Lusophone
states with permanent residence in Portugal, broad citizenship rights which are not conferred
on other foreigners, as long as reciprocity conditions are met. The only exceptions are access to
‘positions of President of the Republic, Speaker of the Portuguese National Parliament, Prime
Minister, President of the Supreme Courts and service in the Armed Forces and Diplomatic
Corps’.
The rewording of art. 15(3) of the Constitution was a decisive step in creating the
citizenship of the Community of Lusophone Countries and gave a very broad range of political
rights. The citizens of these countries who live in Portugal can achieve the same citizenship
status as the Portuguese, as long as the same is provided for Portuguese citizens living in their
countries. In particular, they can vote at local and national levels and be elected as members of
parliament without having to acquire Portuguese citizenship. They also have access to certain
professions such as to that of judge or police officer, among others, which entail exercising
public authority.
As the reciprocity clause is only in place in relation to Brazil, currently only Brazilians
enjoy this quasi-citizenship status. Decree-law 154/2003 and the Treaty of Friendship create
two legal statuses for Brazilians with residence permits in Portugal which are conferred by the
Home Office upon application: the status of equal rights and obligations87 and the status of
85
In this last example the applicant is still exempted from fulfilling the residence and language requirements, but
does not have a subjective right to naturalisation.
86
This created a true Luso-Brazilian citizenship status, giving Brazilian nationals with Portuguese residence
permits broad political rights. They were denied access, however, to the following positions: President of the
Republic, Member of Parliament, Member of the Government, judge of the Supreme Court, diplomatic
representative and officer in the armed forces.
87
The status of equal rights and obligations allows Brazilians to enjoy the same rights as Portuguese citizens,
especially to hold positions in the civil service which are not predominantly technical (for example, as a judge or
a policeman). A Brazilian with this status is only prevented from having the right to diplomatic protection and
from holding political positions, serving in the armed forces or diplomatic corps (arts. 15-16 of Decree-Law
28
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