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Writer's picturePFC Advocacia

Possibility of regaining Brazilian nationality after Constitutional Amendment 131/2023


With the advent of Constitutional Amendment 131/2023, enacted on October 3, 2023, Brazil began allowing individuals to possess multiple nationalities, guaranteeing the right to regain Brazilian nationality for those who voluntarily renounced it or lost it by determination of the Ministry of Justice.

Before EC No. 131/23, acquiring another nationality by Brazilians was only allowed when foreign law recognized their original right (such as cases of descent from foreigners) or when such a condition was required of the Brazilian citizen. In cases not covered by these exceptions, Brazilians who wished to acquire foreign nationality had to renounce their Brazilian nationality, and, if they did not do so, could lose it by the Ministry of Justice's decision.

With the new wording of Article 12 of the Federal Constitution, the possibility of losing Brazilian nationality due to the acquisition of foreign nationality disappeared, which now depends on an express request from the citizen before the competent Brazilian authority.

This change is very beneficial for Brazilians who lost or renounced Brazilian nationality by acquiring foreign nationality, as it is now possible to reacquire Brazilian status for these individuals.

However, the reacquisition of nationality does not occur automatically. Interested individuals must meet the requirements and procedures established by law, and a careful analysis of each case will be essential to avoid legal obstacles. Therefore, it is crucial for those interested to seek guidance from specialized professionals, especially lawyers, who can guide the processes, increasing the chances of success.

EC 131/2023 is an important achievement for Brazilians who lost Brazilian nationality. The new wording of Article 12 guarantees these citizens the right to regain Brazilian nationality.

These changes represent a significant milestone, allowing the reacquisition of Brazilian nationality for various citizens who had to give it up. Thus, it allows Brazilians previously detached from nationality to reintegrate into the community as nationals. It is important for individuals in this situation to seek specialized legal advice for guidance, application, and ongoing support in this process, ensuring that all stages are carried out in accordance with current legislation.


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