Nacionalidade (Direito Constitucional) - Resumo Completo

Summary

This video script provides an in-depth exploration of Brazilian nationality law, distinguishing between **originário** (originating) and **secundária** (acquired) nationality. It discusses the criteria for acquiring Brazilian nationality, including territorial and blood-based principles, as well as different types of naturalization (ordinary, special, provisional). The script highlights specific legal distinctions, such as the eligibility for certain positions only by **natos**, the rights and obligations tied to nationality status, and the process of losing or reacquiring nationality. Key legal processes such as naturalization requirements and the implications of acquiring a second nationality are also covered.

Takeaways

• 😀 Nationality is a legal-political link that connects an individual to a specific state, granting them rights and subjecting them to obligations.
• 😀 Nationality can be either 'originary' (based on birth) or 'secondary' (acquired through a process of naturalization).
• 😀 The Constitution of Brazil follows the principle of 'jus soli' (territorial birthright), considering anyone born in Brazilian territory as a 'Brazilian native' with exceptions for children of foreign diplomats.
• 😀 The Brazilian Constitution includes exceptions to the 'jus soli' principle, such as not recognizing a child of foreign diplomats as a Brazilian native, even if born in Brazil.
• 😀 Naturalization can be either 'tacit' (not requiring explicit intent) or 'express' (requiring explicit application), but Brazil only allows express naturalization.
• 😀 There are different types of naturalization: ordinary, extraordinary, special, and provisional, each with distinct requirements based on factors like residence duration and personal ties to Brazil.
• 😀 Foreigners from Portuguese-speaking countries may apply for ordinary naturalization after just one year of residence in Brazil, in contrast to others who need four years.
• 😀 Special naturalization may be granted to foreigners based on specific relationships, such as being married to a Brazilian citizen or working for the Brazilian government abroad.
• 😀 Naturalization can be provisional for minors under 10 years old, allowing them to later request permanent citizenship after reaching adulthood.
• 😀 Brazilian citizens may lose their nationality either through the revocation of naturalization due to harmful activities or by voluntarily acquiring another nationality, though this is not automatic in all cases.

Q & A

What is nationality in the context of Constitutional Law?

Nationality is a legal-political bond that connects an individual to a specific state, granting them the right to integrate into the state's people and enjoy rights while also being subject to certain obligations.

What is the difference between originária (original) and secundária (secondary) nationality?

Originária nationality is acquired by birth, often linked to the principle of jus soli (territorial birth) or jus sanguinis (ancestry). Secundária nationality, also known as naturalization, is acquired through a voluntary process and requires the individual to fulfill specific conditions set by the state.

What are the key criteria for acquiring Brazilian nationality as a Brazilian native (nato)?

A Brazilian native is typically someone born in Brazilian territory, except in cases where the individual is born in Brazil to foreign parents on a diplomatic mission. This follows the principle of jus soli, with exceptions based on jus sanguinis (ancestry).

What does the Brazilian Constitution say about nationality for individuals born to foreign parents in Brazil?

The Brazilian Constitution states that individuals born in Brazil to foreign parents will not be considered Brazilian natives if their parents are serving a foreign government. This is an exception to the principle of jus soli.

How does the naturalization process work for foreigners who wish to acquire Brazilian nationality?

Naturalization requires foreigners to meet certain conditions, such as having civil capacity, residing in Brazil for a specific period (usually 4 years), speaking Portuguese, and having no criminal record. There are different types of naturalization: ordinary, extraordinary, special, and provisional.

What are the conditions for obtaining ordinary naturalization in Brazil?

Foreigners wishing to acquire ordinary naturalization in Brazil must have civil capacity, reside in Brazil for at least 4 years, speak Portuguese, and not have a criminal record. The residence period can be reduced to one year if the individual has a Brazilian spouse, child, or has contributed significantly to Brazil.

What is the specific condition for naturalizing individuals from Portuguese-speaking countries in Brazil?

Foreign nationals from Portuguese-speaking countries can apply for naturalization if they have resided in Brazil for at least one year and have demonstrated good moral conduct. This is a more lenient process compared to other foreign nationals.

What is naturalization special and who is eligible for it?

Naturalization special is granted to foreigners in specific situations, such as spouses or partners of Brazilian citizens who have been in Brazil for more than 5 years or those who have worked in Brazilian diplomatic or consular services for at least 10 years.

What is the difference between a Brazilian native and a naturalized citizen, especially in terms of extradition?

Brazilian natives cannot be extradited, except in cases involving crimes committed before their naturalization or certain drug-related offenses. In contrast, naturalized citizens can be extradited, except for political or opinion-related crimes.

How can someone lose Brazilian nationality, and under what circumstances can they regain it?

A person can lose Brazilian nationality by either the cancellation of their naturalization due to activities harmful to national interests or by acquiring another nationality voluntarily. However, re-acquisition of nationality is possible through a legal process, specifically through an action of rescission.