The Chamber of Deputies approved on Tuesday (12) the Proposed Amendment to the Constitution (PEC) 16/21, which eliminates the automatic loss of Brazilian nationality for those who acquire another nationality. Authored by the Senate, the proposal was approved in two rounds of voting and will proceed to promulgation.
According to the text, the loss of Brazilian nationality will be restricted to two possibilities. The first is when there is an express request from the citizen, except in situations that lead to statelessness, meaning when a person does not have their nationality recognized by any other country.
Brazilian nationality will also be lost if there is a judicial ruling to that effect, due to fraud related to the naturalization process or an attack against the constitutional order and the Democratic State.
Even after a voluntary renunciation, a Brazilian may reacquire their original nationality according to simplified procedures provided by law. In this case, the law requires only a formal request from the interested party for the reacquisition of nationality, without a new process.
Original nationality grants native Brazilians exclusive rights, such as running for public office as president and vice president of the Republic, being an officer in the Armed Forces, or a career diplomat, among others.
For the rapporteur of the PEC in the special committee, Deputy Bia Kicis (PL-DF), the proposal will “correct a situation of loss of nationality based on the context of another era.” She stated that the measure will benefit around 4 million people.
How it is today
Currently, the Constitution provides for the loss of nationality if a Brazilian has their naturalization canceled by a judicial ruling due to harmful activity to national interest or if they acquire another nationality.
In the latter case, there are two exceptions where nationality is maintained: when the other nationality is original and recognized by foreign law; or when imposed on the Brazilian residing in a foreign state as a condition for remaining in its territory or for exercising civil rights.
Source: Agência Câmara de Notícias