Law reform enabling acquisition
of nationality by registration
Brazil
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Brazilians abroad whose children were stateless because of a 1994 Constitutional Amendment joined
together to form a civil-society movement, Brasileirinhos Apátridas, to achieve legal reform. The
movement used a clearinghouse website to centralize the exchange of experiences and strategies.
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A political ally of the movement in the Brazilian Senate drafted an amendment to the Constitution that
would reduce and prevent statelessness. To overcome a congressional stalemate, other partners joined the
movement to increase political pressure for reform.
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Strategic and creative use of the media – both abroad and in Brazil – highlighted the cost of statelessness
for the children and their families.
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The 2007 Constitutional Amendment not only ensured that statelessness would be prevented from arising
in the future, but also included a special transitional provision guaranteeing that all children who had been
rendered stateless could acquire Brazilian citizenship and rectify their situation.
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After the 2007 Constitutional Amendment was passed, the Brasileirinhos Apátridas movement publicized
the new law throughout the diaspora and helped families to ensure their children could acquire Brazilian
nationality by registering with Brazilian authorities abroad.
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Brazil acceded to the 1961 Convention on the Reduction of Statelessness shortly after amending its
Constitution.
Statelessness situation
Nationality matters in Brazil are regulated by
the country’s Constitution, rather than ordinary
legislation. The Brazilian Constitution has always
enshrined the jus soli principle by conferring
Brazilian nationality to all children born in Brazil.
However, the rules regarding conferral of Brazilian
nationality through descent, pursuant to the
jus sanguinis principle, have been subject to
amendment. Until 1994, children born abroad to a
Brazilian mother or father could acquire Brazilian
nationality provided they registered with a Brazilian
consular representation. From 1994 onwards, due
to an amendment of Article 12 of the Brazilian
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Constitution, Brazilian nationality could only be
conferred on a child born abroad to a Brazilian
father or mother if the child returned to reside in
Brazil and applied for Brazilian nationality.
Brazil is not only a country of immigration but also
of emigration. An estimated 3 million Brazilians
were living abroad when the 1994 Constitutional
amendment was passed. Between 1994 and 2007,
an estimated 200,000 children of Brazilians abroad
were rendered stateless as a result of the 1994
Constitutional amendment, particularly those born
in countries with strict jus sanguinis traditions.
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS