Report on Citizenship Law: Portugal
equal political rights.88 These statuses are dependent on the acquisition of a residence permit,
as Brazilian citizens, as with any other foreign nationals, do not have the right to enter and
remain on Portuguese territory. Once they are legally resident in Portugal, Brazilians can apply
for this quasi-citizenship status which they can then hold for as long as they have a residence
permit. This status becomes extinct if the Brazilian citizen loses citizenship or no longer holds
residence permit (due to expulsion or because it was withdrawn from him or her).
Citizens of Lusophone countries who do not have an equal political rights status and
who reside in Portugal have the right to vote and stand in local elections if there is reciprocity.
These political rights are also conferred on other foreigners, but the period of residence required
by law before being able to exercise them is longer.89 Unlike other foreigners, the nationals of
Lusophone states can also participate in local referenda (art. 35 of Organic Law 4/2000).
Lusophone citizenship is different from European citizenship. On the one hand, it allows
for various political rights to be exercised, not only at a local but also at a national level, as well
as providing access to public offices which are not predominantly of a technical nature. On the
other hand, and contrary to European citizenship, Lusophone citizenship does not provide any
right to entry and permanent residence in Portuguese territory or to diplomatic protection in
another country.
The move towards a concept of citizenship which is disengaged from nationality goes
beyond the privileged status of nationals of Lusophone countries or inherent status of EU
citizens. Any alien who resides in Portugal has the right to vote and stand for local elections if
the reciprocity condition is met (art. 15(4) of the Constitution). The right to vote in local
elections is conferred on them if they have held legal residence for more than three years (art.
2(1)(d) of Organic Law 1/2001) and they are eligible if they have resided legally in Portugal for
more than five years, as long as they are nationals from countries which give the same
entitlements to Portuguese nationals.90
Despite the character of quasi-citizens of Lusophone individuals, the 2006 reform of the
Nationality Act has eliminated the special treatment that these citizens formerly had regarding
the acquisition of Portuguese citizenship. The objective of such an adjustment was to fully
respect the European Convention on Nationality, which forbids the discrimination on grounds
of national origin.91 This reform was not completely well received. The Social-Democratic
154/2003). Brazilians who only have a general status of equal rights and obligations (without equal political
rights) may vote and stand for elections in local elections in accordance with art. 15 (4) of the Constitution.
88
Brazilian citizens, who have been living in Portugal for over three years and have the status of equal political
rights, enjoy practically the same rights as the Portuguese (with the abovementioned exceptions), without losing
their Brazilian citizenship and without needing to acquire Portuguese citizenship. In particular, they have access
to non-technical posts in the civil service; can be elected to parliament, as mayor, or serve as government
ministers. This status enables Brazilian citizens to fully exercise their political rights, and notably to vote and
stand for election in local, regional and general elections, with the exception of noting or standing for election in
presidential elections. This status is only conferred on Brazilians who have previously or simultaneously
acquired the status of equal rights and obligations (art. 2(1) of Decree-Law 154/2003) and as long as they have
lived in Portugal with a residence permit for at least three years (art. 17 of the 2000 Treaty of Friendship and art.
5(2) of Decree-Law 154/2003).
89
According to art. 2(1)(c) of Organic Law 1/2001 (the law that governs the election of members of local
authorities) the nationals of Lusophone states who have lived in Portugal for more than two years can vote in
local elections. In order to stand for local government they must have resided in Portugal for more than four
years (art. 5(1) of Organic Law 1/2001). At present Brazilian citizens (even those without equal political rights
status) and Cape-Verdians enjoy these rights.
90
Presently, the citizens outside the European Union who have the right to vote, according to reciprocity criteria
are the citizens from Argentina, Chile, Colombia, Iceland, Norway, Peru, Uruguay and Venezuela and New
Zealand.
91
Minister of the Presidency, Parliamentary Debates, Diary of the Assembly of the Republic 54, 2005: 2460.
RSCAS/GLOBALCIT-CR 2020/1 - © 2020 Author
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