96. Jus sanguinis provisions in Brazil have been altered through a series of constitutional amendments. The current framework is a result of political pressure by the Brazilian diaspora. A 1994 amendment eliminated the attribution of Brazilian citizenship by the mere effect of registration at a Brazilian consulate; a 2007 constitutional amendment subjected the process to a judicial request. In 2008 the Brazilian Ministry of Justice interpreted the 2007 amendment with retroactive effects, meaning that any children born abroad between June 7, 1994 and September 19, 2007 would have Brazilian nationality if one of the parents was a Brazilian; there is no longer a need to “opt” for Brazilian nationality through judicial request, resulting in a decrease in the number of petitions before federal courts. See also, A.T. Saliba, “Nacionalidade brasileira e Direito Internacional: Um breve comentário sobre a Emenda Constitucional nº 54/2007,” Revista de informação legislativa 45, no. 180 (2008); Patricia Jerónimo, “Report on Citizenship Law: Brazil,” EUDO Citizenship Observatory; 2016/01; Country Reports, 2, 18–32, available at: http://cadmus.eui.eu/bitstream/ handle/1814/38885/EUDO_Cit_CR_2016_01.pdf?sequence=1&isAllowed=y. 97. Article 22, paragraph 13, of the 1988 Brazilian Constitution. 98. Ibid., Article 22, paragraph 25. 99. Article 236, “Notarial and registry services shall be exercised privately upon delegation from the Government. §1°. The law shall regulate the activities, discipline the civil and criminal liability of notaries, registrars and their agents and define supervision of their acts by the Judiciary. §2°. Federal law shall establish general rules for fixing fees for notarial and registration services. §3°. Becoming a notary public or registrar depends on public competitive examinations and comparison of professional credentials. No office may remain vacant for more than six months without opening a public competition to fill it, either by approval of a new entrant or a transferee.” 100. Since the 1988 Federal Constitution, the public authorities have empowered notaries to practice on a private basis, giving them previously unheard of functional independence. In some states, however, notaries are still generally considered to be subordinate to the local judiciary, as reflected in judicial interference in notarial activity through the imposition of administrative rules that notaries are obliged to respect. On the other hand, in two states (Bahia and Acre), local judicial legislation continues to consider notaries to be civil servants. In the state of Acre, notarial work is currently being privatized. 101. Article 22 of the 1988 Brazilian Constitution reads: “The Federal Union has the exclusive power to legislate on: XIII—nationality, citizenship and naturalization; XXV—public registry.” Likewise, Article 236 of the 1988 Brazilian Constitution provides: “Notary and registration services shall be exercised by private entities by Government delegation.” 102. Article 32, Law No. 6.015, December 13, 1973. 103. Article 5, LXXVI reads: “Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms: (…) LXXVI. The following shall be free of charge for persons recognized as poor, as provided by law: a). civil birth certificate,” available at: https://www.constituteproject.org/constitution/Brazil_2014.pdf. 104. An analysis of birth registration statistics for Brazil between 1998 and 2008 is available at: http://www.ibge.gov.br/home/estatistica/populacao/registrocivil/2008/comentarios.pdf. 96 ENDNOTES