NACIONALIDADE - Direito Constitucional | Originária e Derivada - Nato e Naturalizado

Summary

In this video, Cíntia Brunelli explores the concept of nationality and its distinctions in constitutional law. She explains the differences between nationality, citizenship, and naturalization, detailing various categories such as primary and secondary nationality. Cíntia discusses the criteria for becoming a Brazilian national, both by birth and naturalization, and examines the implications of dual nationality. The video also covers conflicts of nationality, such as statelessness, and delves into the requirements for naturalization in Brazil, along with the potential for loss of nationality. Cíntia offers practical advice for law students and those interested in constitutional law, encouraging consistency in study.

Takeaways

• 😀 Nationality is a legal and political bond between an individual and a country, granting rights and imposing duties.
• 😀 Citizenship refers to the acquisition of political rights, such as the right to vote, while nationality is a broader concept.
• 😀 A person can be a national without being a citizen, as in the case of a child who is born with nationality but hasn't yet reached voting age.
• 😀 Naturalidade refers to the city where a person is born, while nationality refers to the legal relationship with a country.
• 😀 Nationality is divided into primary (originária) and secondary (derivada). Primary nationality is acquired through birth or descent, while secondary nationality is acquired through naturalization.
• 😀 The primary nationality criteria include **jus soli** (territorial) and **jus sanguinis** (by descent).
• 😀 Brazil grants nationality to anyone born in its territory (**jus soli**), except in cases where the parents are foreign diplomats.
• 😀 A person can lose nationality under certain conditions, such as acquiring another nationality voluntarily or engaging in actions harmful to the national interest.
• 😀 The types of naturalization in Brazil include ordinary, extraordinary, special, and provisional, each with specific requirements.
• 😀 There are conflicts of nationality, such as **poliatría** (having multiple nationalities) and **apatridia** (statelessness), which can create legal challenges.
• 😀 In Brazil, a naturalized citizen generally has the same rights as a native-born citizen, except for certain positions, such as the presidency, which are reserved for native-born citizens.

Q & A

What is the difference between nationality and citizenship?

Nationality refers to the legal and political link between an individual and a state, making them part of a nation's population. Citizenship, on the other hand, is specifically about acquiring political rights, such as the ability to vote. Not everyone with nationality has citizenship rights, especially if they are too young, like a child.

Can you explain the difference between nationality and naturality?

Nationality is a legal bond with a state, while naturality refers to the specific city or region where a person was born. For instance, someone born in Brazil is Brazilian by nationality, but their naturality could be São Paulo, Rio de Janeiro, or Brasília.

What are the two types of primary nationality?

Primary nationality can be acquired through two criteria: Jus Soli (territoriality), where nationality is granted by being born in a country, like Brazil; and Jus Sanguinis (descent), where nationality is based on having parents who are nationals of a country, such as being Italian due to Italian parentage.

What is the meaning of secondary nationality?

Secondary nationality, or derived nationality, occurs when an individual voluntarily acquires a nationality of a country different from their own, through a process called naturalization. This process typically involves residency and other legal requirements.

What does a conflict of nationality mean, and what is a positive conflict?

A conflict of nationality occurs when an individual holds multiple nationalities. A positive conflict means the person is a national of more than one country, such as a person born in Brazil but also having Italian nationality due to descent.

What is a negative conflict of nationality?

A negative conflict occurs when a person does not have any nationality, known as being stateless or apatrid. This can happen if an individual is born in a country that does not provide nationality based on birth or descent, leaving them without a nationality.

What are the criteria for being considered a Brazilian national by birth?

A person is considered a Brazilian national if they are born in Brazil, regardless of their parents' nationality, unless the parents are foreign diplomats or at service to their own country. Additionally, a child born abroad to Brazilian parents is also a Brazilian national if they meet certain conditions.

What are the different types of naturalization in Brazil?

There are four types of naturalization in Brazil: ordinary, extraordinary, special, and provisional. Ordinary naturalization requires residency for one to four years, depending on specific conditions. Extraordinary naturalization applies to individuals who have lived in Brazil for over 15 years. Special naturalization is for those with ties to Brazil, such as diplomats or long-term residents. Provisional naturalization applies to minors who reside in Brazil and is conditional on further application when they reach adulthood.

Can a naturalized Brazilian lose their nationality?

Yes, a naturalized Brazilian can lose their nationality if they engage in actions harmful to national interests, such as participating in terrorist groups or planning attacks against authorities. The Ministry of Public Affairs can file a case in federal court to request the loss of nationality.

Is it possible for a Brazilian born abroad to be considered a national if they acquire another nationality?

Yes, a Brazilian born abroad can still be considered a national if they voluntarily acquire another nationality under certain conditions, such as those with dual nationality by descent or cases where another country's naturalization is required for residency.