Law or policy reform enabling acquisition of nationality by registration
Legislative and constitutional reform to reduce and prevent
statelessness
Pursuant to the 2007 Constitutional Amendment, Article 12 of the Brazilian Constitution now
confers Brazilian citizenship by birth to the following persons: (a) those born in Brazil, even of
foreign parents provided they are not working in the service of their country; (b) those born
abroad to a Brazilian father or mother working for the Brazilian Government; and (c) those
born abroad to either a Brazilian father or mother provided they are either registered with a
Brazilian authority abroad (i.e., a consulate) or who reside in Brazil before reaching majority
and opt for Brazilian nationality any time after reaching majority. These provisions fully
resolve the statelessness problems created by the 1994 Constitutional Amendment.
In addition, a special transitional provision sought to resolve the plight of the estimated
200,000 children who had been rendered stateless as a result of the 1994 Constitutional
Amendment. According to the revised Article 12 (c) of the Constitution, children born abroad
to a Brazilian father or mother between the date of the passage of the 1994 Constitutional
Amendment and the date of entry into force of the 2007 Constitutional Amendment were also
entitled to acquire Brazilian citizenship by birth, either by registering as nationals of Brazil at
consulates abroad or by opting for Brazilian nationality upon reaching majority after residence
in Brazil. In this way, the reform not only sought to prevent future cases of statelessness from
arising but also to reduce statelessness caused by the 1994 Constitutional Amendment.
The Brasileirinhos Apátridas movement continued its community outreach activities. It
publicized the 2007 Constitutional Amendment and the transitional provisions among
Brazilian diaspora communities and helped individuals to ensure that their children
could register with Brazilian authorities abroad to acquire nationality. The debate on
nationality rules also served to sensitize the authorities to the issue of statelessness.
Already a party to the 1954 Convention relating to the Status of Stateless Persons,
within a month of the passage of the 2007 Constitutional Amendment, Brazil had also
acceded to the 1961 Convention on the Reduction of Statelessness.
Ultimately, the most persuasive argument that led to the reforms and to Brazil’s accession
to the 1961 Statelessness Convention was that it was in the country’s own interests to
resolve the situation of stateless children in the diaspora. The reforms helped Brazil to
ensure that its nationals living abroad, and their offspring would have the opportunity to
return and contribute their talents to their homeland’s globalizing society.
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