WHAT IS NATIONALITY?
Nationality is the bond of a legal-political nature that, by birth or naturalization, associates the individual with a certain State, which consequently becomes part of the people of this State, enabling him to enjoy prerogatives and privileges concerning the condition of national (CUNHA JR, 2012, p. 791) Thus, in Brazil we have the original nationality and the acquired, both provided for in the Federal Constitution of 1988.
In general, countries adopt two criteria for defining nationality: (a) the territorial criterion or ius solis, in view of which nationality is defined by the place of birth and (b) the blood criteria or ius sanguinis, by virtue of which nationality is established by blood or descent, with the descendant of a national being considered national (CUNHA JR, 2012, p. 792).
In this sense, as a rule, European States, because they are emigrants, adopt the blood or ius sanguini, taking into account that anywhere in the world, the children of its nationals will also be nationals (CUNHA JR, 2012, p. 792). In the United States, as they are the result of immigration, they accept the criterion of territoriality or ius solis, by which the children of immigrants become part of the nationality (CUNHA JR, 2012, p. 792). However, these are not absolute criteria, since States can combine these criteria or adopt additional criteria (CUNHA JR, 2012, p. 792).
NATO BRAZILIAN
In the original, by the territorial criterion (ius solis), the individual becomes a Brazilian by birth at birth within Brazilian territory, even if the parents are foreign, as long as they are not in the service of their country.
Any child born within the national territory has the right to apply for citizenship regardless of their parents' nationality. This rule applies in the following countries: Antigua and Barbuda, Argentina, Barbados, Belize, Brazil, Canada, Chad, Chile, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Pakistan, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Uruguay, and Venezuela (TONANI, 2020).
Still within the origin, the blood criterion (ius sanguini) defines who are Brazilian-born, even those born abroad, of a Brazilian father or mother, as long as either of them is in the service of the Federative Republic of Brazil.
The last hypothesis also refers to the blood criterion, and establishes that those born abroad, to a Brazilian father or Brazilian mother, can be considered Brazilian by birth, as long as they are registered with the competent Brazilian department or who come to reside in Brazil, and opt, at any time, after reaching the age of majority, for Brazilian nationality.
NATURALIZED BRAZILIAN
Acquired nationality, where the foreigner decides to become a naturalized Brazilian, can be divided into ordinary, extraordinary, special naturalization and provisionalLet's talk a little about each of them:
- ORDINARY NATURALIZATION
Ordinary naturalization is subdivided into for Portuguese-speaking countries and non-Portuguese speaking countries. The Brazilian legislator wanted to facilitate the naturalization of citizens of Portuguese-speaking countries, determining that only uninterrupted residence for one year and the moral suitability.
Regarding ordinary naturalization for non-Portuguese speaking countries, the law establishes that the individual must have civil capacity; have resided in the country for at least four years; communicate in Portuguese, considering the conditions of the naturalized person; and not have a criminal conviction or be rehabilitated, in accordance with the law.
- EXTRAORDINARY NATURALIZATION
In this sense, extraordinary naturalization occurs in the cases of foreigners of any nationality, who are residents in Brazil. for more than fifteen uninterrupted years and without criminal conviction, as long as they request Brazilian nationality.
- SPECIAL NATURALIZATION
In turn, special naturalization occurs when the foreigner falls under the hypothesis of be the spouse or partner, for more than five years, of a member of the Brazilian Foreign Service in active service or of a person serving the Brazilian State abroad; or be or have been employed in a diplomatic mission or consular office in the country for more than ten uninterrupted years.
The foreigner must have civil capacity, under Brazilian law; communicate in Portuguese, considering the conditions of the naturalized citizen; and not have a criminal conviction or be rehabilitated, also under the law.
- PROVISIONAL NATURALIZATION
Finally, provisional naturalization may be granted to the migrant child or adolescent who has established residence in the national territory before reaching ten years of age and must be requested through their legal representative.
REFERENCES
CUNHA JR, Dirley da. Constitutional Law Course. 6th ed. rev. updated. and increase. Salvador: JusPodivm, 2012. 1360 p.
TONANI, Yuri Bittencourt. Learn all about Brazilian Naturalization. Mawon Association, [sl], 2020. Available at: https://www.mawon.com.br/post/2020-saiba-tudo-sobre-naturalizacao-brasileira. Accessed on: April 16, 2021.