Brazil follows the legal principle of Jus Soli (Right of the Soil), which means that almost anyone born on Brazilian territory is automatically considered a Brazilian citizen from birth.
The General Rule
According to the Brazilian Constitution, individuals born in the Federative Republic of Brazil are Brazilians by birth, even if their parents are foreigners.
- Automatic Grant: No application process is required; the birth certificate issued in Brazil serves as proof of citizenship.
- Dual Citizenship: Brazil allows for dual or multiple nationalities, so the child can usually retain the parents' nationality as well.
The Exception: Diplomatic Service
There is one primary exception to the Jus Soli rule in Brazil:
"Children born in Brazil to foreign parents are NOT considered Brazilian citizens if their parents were in Brazil at the service of their home country (e.g., diplomats or official government representatives)."
Rights of Birth Citizens
Brazilians by birth (Natos) have certain exclusive rights that naturalized citizens do not, such as:
- Eligibility for the Presidency and Vice-Presidency of the Republic.
- Eligibility for the Presidency of the Chamber of Deputies and the Senate.
- Protection against extradition (Brazilian-born citizens can never be extradited by the Brazilian government).
Registration for Children Born Abroad
If a child is born outside of Brazil to at least one Brazilian parent, they can still acquire citizenship (Jus Sanguinis), but they must be registered at a Brazilian consulate or move to Brazil and confirm their choice of nationality after reaching the age of majority.