‎Brazilian Naturalization and Passport

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Brazilian Naturalization

Ordinary Naturalization

What is?

It is the act by which a person voluntarily acquires Brazilian nationality, provided that it meets the requirements established by law, decree and related standards.

Who can use this service?

Immigrant who meets the following requirements:

I) Has civilian capacity under Brazilian law

II) Resides in Brazil for an indefinite period of time for at least 04 (four) years;

III) Has the ability to communicate in Portuguese; and

IV) Has no criminal conviction or is rehabilitated, under the terms of the law.

Deadline Reduction

1) The indeterminate residency requirement for at least 04 (four) years will be reduced to 01 (one) year if the naturalized person fulfills one of the following requirements:

            I - have a natural or naturalized Brazilian child, except for provisional naturalization; or

            II - has a Brazilian spouse or partner and is not legally or in fact separated from him at the time of granting naturalization.

2) The indeterminate residency requirement for at least 04 (four) years will be reduced to 02 (two) years if the naturalized person fulfills one of the following requirements:

           I - has provided or may provide relevant service to the Country; or

           II - be recommended for his professional, scientific or artistic ability.

Attention: Subject to the provisions of art. 12, caput, item II, item “a”, of the Federal Constitution, for immigrants from Portuguese-speaking countries, only the following will be required:

          I - residency for an indefinite period in the country for an uninterrupted year; and

          II - moral suitability.

Art. 115. The foreigner admitted to Brazil during the first five years of life, permanently established in Brazilian territory, may, as a minor, request the Minister of Justice, through his legal representative, to issue a provisional certificate of naturalization, which it will be valid as proof of Brazilian nationality until two years after reaching the age of majority.

Single paragraph. Naturalization will become definitive if the holder of the provisional certificate, up to two years after reaching the age of majority, expressly confirms his intention to remain Brazilian, in an application addressed to the Minister of Justice.

Art. 116. The request referred to in article 114, addressed to the Minister of Justice, will be submitted, in the Federal District, States and Territories, to the competent body of the Ministry of Justice, which will proceed with the investigation into the previous life of the naturalized and will give an opinion as to the convenience of naturalization.

Art. 117. Having received the file by the director of the competent body of the Ministry of Justice, he may determine, if necessary, other measures. In any event, the case must be submitted, with opinion, to the Minister of Justice.

Single paragraph. The head of the competent body of the Ministry of Justice will determine the filing of the request, if naturalizing it does not satisfy, as the case may be, any of the conditions provided for in article 111 or 115, with reconsideration of that order being in order; if the filing is maintained, the naturalizer may appeal to the Minister of Justice; in both cases, the period is thirty days from the publication of the act.

Art. 118. The Naturalization Ordinance published in the Official Gazette, it will be filed with the competent body of the Ministry of Justice, which will issue a certificate related to each naturalization, which will be delivered in the form established in the Regulation.

Single paragraph. Naturalization will have no effect if the certificate is not requested by the naturalizing person, within twelve months, counted from the date of publication of the act, except for duly proven reasons of force majeure.

Art. 119. In the course of the naturalization process, any of the people may challenge it, as long as it does so reasonably.

Art. 120. The satisfaction of the conditions foreseen in this Law does not guarantee the foreigner the right to naturalization.

Obs .: The procedures described in articles 16 to 20 are usually followed by the Lawyer, considering that any pause in the process, the lawyer can intervene in the appeal and even streamline the whole process.

1. On the effects of Naturalization

Art. 121. Naturalization, except in the case of article 115, will only take effect after the certificate is delivered and gives naturalized citizens the enjoyment of all civil and political rights, except those that the Federal Constitution attributes exclusively to the born Brazilian.

Art. 122. Naturalization does not imply acquisition of Brazilian nationality by the spouse and children of the naturalized person, nor does it authorize them to enter or settle in Brazil without meeting the requirements of this Law.

Art. 123. Naturalization does not extinguish the civil or criminal liability to which naturalization was previously subject in any other country.

BRAZILIAN PASSPORT

To have the Brazilian passport, only through naturalization, and to be able to apply, you must meet certain minimum requirements, among them speaking, writing in the Portuguese language, and having at least 01 permanent visa and resident in Brazil. Even so, this process is long, takes an average of about 2 years.

A Brazilian passport today is exempt from the visa requirement in 153 countries, which makes the travel document the 21st most accepted in the world, according to the 2016 edition of the Visa Restrictions Index - a study prepared jointly by the consultancy Henley & Partners and the International Air Transport Association (Iata).

Brazilian passport in Europe

We can visit all of Europe without needing a visa and most are part of the Schengen Agreement, which allows you to stay in Europe for 90 days without having to do several immigration.

In addition, we can live in Europe with a Brazilian passport and some countries facilitate the residency process

Check out the countries in Europe that do not require a visa:

Germany

Austria

Belgium

Bulgaria

Cyprus

Croatia

Denmark

Slovakia

Spain

Estonia

Finland

France

Greece

Netherlands

Hungary

Ireland

Iceland

Italy

Latvia

Lithuania

Luxembourg

Malta

Poland

Portugal

UK

Russia

This is the good part of Africa. However, the “not so good” part is that only 5 of these countries do not require an entry visa, in which the maximum period of stay is 90 days for tourism purposes. Are they:

South Africa

Botswana

Morocco

Namibia

Tunisia

Central American and North American countries that do not require an entry visa

Of course, lush, exotic, beautiful places to see are not lacking in Central American countries.

The only one of the 3 countries in North America that does not require an entry visa is Mexico, with its beautiful beaches, as well as many others with very important and unmissable tourist attractions.

However, Canada makes an electronic visa called ETA available to some Brazilians who meet requirements such as having an American visa. Click here to know everything about ETA.

Panama Canal

If you happen to be traveling to any Central American country, take care of your travel itinerary, so that you can enjoy everything that the continent and its countries offer.

Now, when it comes to visas, with the exception of Honduras, which limits the stay in the country as a tourist for a maximum of 30 days, in all others, since they also do not require a visa, the deadline is 90 days. Check out what they are:

Belize

Costa Rica

El Salvador

Guatemala

Honduras

Nicaragua

Panama

The Caribbean islands, which also belong to the continent of North America, are countries that Brazilians also do not need a visa. In fact, in Barbados, Antigua and Barbuda, the limit of stay is up to 180 days. The rest follow the 90-day rule. Check out what they are:

Antigua and barbuda

Barbados

Curacao

Grenade

Jamaica

Dominican Republic

Saint Lucia

Trinidad and Tobago

However, the only region that has specific rules is the Bahamas, where the limit of stay with a free visa is only 14 days.

South American countries that do not require an entry visa and their respective rules

Rich in great diversity and beauty, practically every country in South America has something in particular. Be it a monument, some historical fact of such importance, climates for all tastes, as well as its beautiful landscapes.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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