Report on citizenship law : Brazil
Title: Report on citizenship law : Brazil
Author: JERÓNIMO, Patrícia
Series/Number: EUDO Citizenship Observatory; 2016/01; Country Reports
External link: http://eudo-citizenship.eu
In Brazil, like in most Latin American countries, the criteria for attribution, acquisition and loss of Brazilian citizenship are set in the Constitution. The formal constitutionality of citizenship criteria is a long standing and undisputed legal tradition going back to the very first constitution of Brazil as an independent country, the Imperial Constitution of 1824. The constitutional enunciation of citizenship criteria has always been perceived as exhaustive (Melo 1949: 7) and its provisions have often been read literally, but it never dispensed with regulation by ordinary legislation nor with judicial and executive interpretation. Some major changes have actually been introduced by such infraconstitutional means, which raised and continues to raise questions as to their compliance with the Constitution and therefore as to their validity. Some legislative and judicial developments were eventually incorporated in the constitutional text, but a recent major change to the Brazilian legal tradition in this field – the introduction by executive ordinance of renunciation as a mode of loss of Brazilian citizenship – is yet to be expressly enshrined in the Constitution.
Type of Access: openAccess
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