Brazilians with Dual Nationality

Brazilian citizens who hold another nationality in addition to their Brazilian one must be aware that the consular assistance that the Brazilian Government can provide in the country or countries of which they are also nationals may be considerably limited by the natural resistance of the authorities in those countries to accept the intervention of a foreign state in matters concerning one of their nationals.Same-Sex UnionPublic Deed of Same-Sex UnionThe Brazilian legal system still does not recognize marriage between same-sex individuals. However, in a recent decision, the Supreme Federal Court determined that same-sex unions (between individuals of the same sex) should be recognized and produce the same legal effects as stable unions established between a man and a woman, as provided in Article 1723 of the Civil Code.Therefore, same-sex couples may request the drafting of a “Public Deed of Declaration of Same-Sex Union” which should have the same legal efficacy as the “Public Deeds of Stable Union” between a man and a woman, drafted based on Article 1723 of the aforementioned Code. It is important to note that the public deed is characterized by a manifestation of the parties’ will made before a notary. As a public instrument, this document will have public faith, thus being able to be used as proof before public agencies and private entities.Thus, in accordance with the STF’s decision, there is no impediment for two individuals of the same sex to appear at a Consular Office and request that a public deed of declaration be drafted, the content of which characterizes a same-sex union, capable of producing civil effects “erga omnes” (before all) and serving as proof before Social Security, Public and Private Entities, Insurance Companies, Financial and Credit Institutions, and other similar entities.In the case of a same-sex marriage of a Brazilian citizen, celebrated in accordance with the legislation of other countries, the interested parties should be informed that, despite the STF’s decision, such marriage still CANNOT produce legal effects in Brazil. However, there will be no impediment for such recognition to be submitted to the appreciation of the Brazilian Judiciary. If there is an objective for the said union to produce legal effects in Brazil, the interested parties must draft a public deed, in accordance with the terms described above.