Anyone who has lived legally in Portugal for more than three years and retains the right to vote in Brazil can participate in Portuguese elections. The rule also applies to Brazilians who do not have Portuguese nationality. But there are important exceptions.
According to the National Election Commission (CNE)Brazilian citizens who apply for the "Statute of Equal Rights and Duties" can exercise their right to vote in Portugal, with the exception of presidential elections.
Participation with restrictions
The Equality Statute must be requested from the Agency for Integration, Migration and Asylum. (AIMA)The document guarantees Brazilians the same political rights as Portuguese citizens, based on a reciprocity treaty between the two countries, in effect since 2000.
In practice, this means that Brazilians can vote and even run for office in local and legislative elections in Portugal. However, the position of President It is out of reach for foreigners, even if they have the status.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
The rule is mutual. Portuguese citizens living in Brazil can also vote in Brazilian elections without needing to apply for Brazilian citizenship.
Loss of voting rights in Brazil
By choosing to vote in Portugal, Brazilian citizens automatically lose the right to participate in elections in Brazil. This restriction applies as long as they maintain residency in Brazil. Portuguese territory and is registered in the Portuguese electoral census.
According to CNE spokesperson André Wemans, "if Brazilian citizens are granted the status to vote in Portugal, they will be limited in their ability to vote in Brazil, and vice versa."
If they return to Brazil, voters lose their right to vote in Portugal and can regularize their situation again with the Brazilian Electoral Court.
Current electoral context
Portugal will hold a second round of presidential elections on February 8th. In the first round (or first round, as the Portuguese call it)António José Seguro, from the Socialist Party, received 31,13% of the votes. The conservative André Ventura, from Chega, obtained 23,49%. João Cotrim Figueiredo, from the center-right, came in third place, with 15,99% of the votes.
The CNE (National Electoral Commission) did not disclose the number of Brazilians with regularized status who would be eligible to vote in this election.
