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Does a person born in Brazil lose his/her nationality when they leave their country for good, whether because of marriage to a foreigner or just emigration

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 February 1990
Citation / Document Symbol BRA3816
Cite as Canada: Immigration and Refugee Board of Canada, Does a person born in Brazil lose his/her nationality when they leave their country for good, whether because of marriage to a foreigner or just emigration, 1 February 1990, BRA3816, available at: https://www.refworld.org/docid/3ae6aba494.html [accessed 7 June 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

A new Constitution was promulgated in Brazil on October 5, 1988. [ Europa Year Book 1989, (London: Europa Publications, 1989), p. 542.] A free translation of the new Constitution [ The Brazilian Constitution 1988, (Rio de Janeiro: Dash Representacoes e Promocoes Ltda., 1988), p. 6.] indicates that Article 12, section 4 regarding loss of Brazilian nationality states:

"The loss of nationality of a Brazilian will be declared when:

I-Naturalization is cancelled by judicial sentence, in virtue of an activity harmful to the national interest;

II-Upon the acquisition of another nationality through voluntary naturalization."

According to information provided by External Affairs on 22 September 1989, the Brazilian mission in Ottawa stated Brazil can recognize dual nationality among its citizens. However, External Affairs also stated that other sources within their Department described the recognition of dual nationality by Brazilian authorities as unlikely. According to the Citizenship Registrar of Immigration Canada, individual cases may be treated differently despite the written laws governing nationality. [ As stated by telephone on 22 September 1989.]

Other information on the subject, whether corroborating, contradicting or otherwise adding to the above, could not be found among the sources currently available to the IRBDC.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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