This week, a case of loss of Brazilian nationality caught the attention of those living here in the United States who have or are seeking American citizenship.
The second wife of former president Jair Bolsonaro, Ana Cristina Valle, lost her Brazilian nationality after obtaining Norwegian citizenship during her time living in that country from 2009 to 2014.
But why did this happen?
According to the Brazilian Constitution, a natural-born citizen can lose their nationality in two cases:
(1) If their naturalization is canceled by a court ruling due to activities harmful to national interest;
(2) If they acquire another nationality voluntarily.
The Brazilian Constitution allows dual citizenship only in the following situations:
(1) If the other nationality arises from birth in foreign territory;
(2) If the other nationality arises from foreign ancestry. For example: when one has an Italian father or grandfather, the Brazilian Constitution recognizes dual citizenship because the Brazilian is merely requesting recognition of a right;
(3) If the other nationality occurs by imposition, meaning it is a condition for remaining in foreign territory or for exercising civil rights in that country.
In summary, a Brazilian who voluntarily adopts another nationality, and does not fall under the exceptions described above, may lose their Brazilian nationality.
However, the loss of nationality is not automatic. A process must be initiated by the Ministry of Justice, which guarantees those Brazilians in this situation the right to a full defense. If it is not proven that one of the exceptions permitted by the Federal Constitution has occurred, the loss of Brazilian nationality may then be decreed.
This is what happened with Ana Cristina Valle. In the Ministry of Justice’s understanding, Ana Cristina lost her Brazilian nationality because she became a citizen of Norway by naturalizing in the country voluntarily, which violates the requirements set forth in the Constitution.
Can I lose my Brazilian nationality by becoming American?
Undoubtedly, Brazilians living in the United States are asking themselves this question.
The short and direct answer is yes. You can lose your Brazilian citizenship by becoming American.
But let’s understand the complete answer.
In theory, Brazilian citizens who apply for American naturalization without having the right to this nationality through a line of ancestry are automatically renouncing their Brazilian citizenship.
Brazilians in the United States also do not fall under the other exception provided for in the Constitution: when there is an imposition of naturalization by foreign law as a condition for remaining in its territory or for exercising civil rights.
This is not the case in the United States. It is possible to live here with just a Green Card. The country does not force anyone to become a citizen. However, there are exceptions: to hold an elected office, represent the country in a sports competition, or even vote (fully exercising your civil rights), you need to be a citizen.
What can be concluded is that in a process of losing Brazilian citizenship, there is room for discussion.
Why is dual citizenship so common then?
According to a study by the Migration Policy Institute based on Census data, by 2019, 35% of Brazilian immigrants in the United States had become citizens, meaning about 175,000 residents.
Even so, this population continues to have access to the Brazilian passport, frequently enters and exits Brazil, and continues to vote in Brazilian presidential elections.
This happens because Brazil does not receive data or reports on those who become American citizens. With no control from the Brazilian government, the authorities are unaware of the naturalization of these Brazilians.
Thus, only in extreme and judicial situations does the fact come to light, as was the case with Ana Cristina Valle. Her situation was reported to the Regional Electoral Court (TRE) during the 2022 elections while she was running for a district deputy position. The agency sent the documents to the Ministry of Justice, which then opened the process for loss of nationality.
Proposed Changes
The subject is controversial. The truth is that in practice, the Brazilian government does not enforce the rules set forth in the Federal Constitution either because it does not want to or because it cannot.
The websites of Brazilian Consulates in the United States do not provide much information about dual citizenship or loss of nationality.
There is a proposed constitutional amendment currently in the Brazilian Congress aimed at ending the loss of Brazilian citizenship for those who voluntarily obtain another nationality. According to the proposal, the loss of Brazilian nationality will be restricted to two possibilities: (1) if it is canceled by court ruling due to fraud related to the naturalization process or attacks against the constitutional order, and (2) when there is an express request from the citizen to the Brazilian government.
The PEC also establishes that “the renunciation of nationality does not prevent the interested party from reacquiring their original Brazilian nationality,” without the need for a naturalization process.
Sources: Ministry of Foreign Affairs, Agência Câmara de Notícias, and The Herald News