In a historic vote, the Chamber of Deputies approved on Tuesday (12/09) the Proposed Amendment to the Constitution (PEC) that changes the rules for the loss and reacquisition of Brazilian nationality.
Known as the “PEC for Expatriates"This measure ends the automatic loss of Brazilian nationality for those who voluntarily obtain another nationality through naturalization, for example, by marriage."
The proposal, authored by the Senate, also simplifies the process of reacquiring Brazilian nationality for those who have renounced it on their own initiative. Now, simply submit an application, eliminating the need for a new complex process.
The PEC now heads for promulgation, marking a significant change in Brazil's citizenship rules.
Loss of nationality restricted to specific cases
According to the PEC, the loss of Brazilian nationality will be restricted to two specific situations.
The first occurs when a citizen expressly requests the loss, as long as this does not make him stateless, that is, a person without a nationality recognized by any other country.
The second situation is when a court ruling determines the loss of nationality due to fraud in the naturalization process or an attack against the constitutional order and the Democratic State.
This change represents an advance in nationality laws, simplifying the process and ensuring that the loss of Brazilian citizenship is only applied in exceptional cases.
Benefit for millions of people
The PEC rapporteur on the special committee, deputy Bia Kicis (PL-DF), highlighted that this measure will benefit around 4 million people. The change in nationality rules is seen as an important step towards more inclusive and flexible policies for Brazilians living abroad.
Previous rules and exceptions
The 1988 Brazilian Constitution provided that native Brazilians who acquired another nationality could automatically lose their Brazilian nationality, regardless of having committed crimes abroad or being convicted of activities harmful to the national interest.
However, the loss of nationality was not automatic, depending on a process initiated by the Justice ministry Brazilian, which rarely happened.
Before the approval of the PEC, only two legal exceptions allowed Brazilians to have more than one nationality: when it was an original right, due to blood ties with parents or ancestors, or when the acquisition of citizenship was imposed on Brazilians residing in a foreign State as a condition to stay or exercise civil rights in a foreign country.
This change in Brazilian nationality rules reflects a more modern and inclusive approach to citizenship and the rights of Brazilians abroad.
