Dual Citizenship in Brazil: Complete Guide 2026
Executive Summary
Dual citizenship — the simultaneous possession of two or more nationalities — has been permitted by the Brazilian Constitution since 1994 (Constitutional Amendment No. 3/1994, which modified Article 12, Section 4). Millions of Brazilians are eligible for citizenship of European countries by descent, particularly Italy, Portugal, Spain, and Germany. This guide covers eligibility, processes, documentation, the most sought-after citizenships, and resulting rights and obligations.
Our international law and visas and immigration teams assist with citizenship by descent and naturalization processes.
The Constitution and Dual Citizenship
Legal basis
Article 12, Section 4, of the Federal Constitution provides that Brazilian nationality shall not be lost by a Brazilian who:
- Item II, “a”: has original nationality recognized by foreign law (citizenship by descent/jus sanguinis)
- Item II, “b”: has had naturalization imposed by a foreign State as a condition for remaining in its territory or exercising civil rights
What changed with Constitutional Amendment No. 131/2023
Constitutional Amendment No. 131/2023 strengthened protection for natural-born Brazilians, clarifying that loss of nationality only occurs upon the citizen’s express declaration before a competent Brazilian authority, after reaching the age of majority. This eliminated doubts about Brazilians who acquire foreign citizenship through voluntary naturalization — now, they only lose Brazilian citizenship if they expressly renounce it.
Italian Citizenship by Descent
Italy is the most popular dual citizenship case for Brazilians, given the massive Italian migration to Brazil between 1870 and 1960.
Who qualifies
Italian citizenship is transmitted jus sanguinis (by blood) without generational limit through the paternal line. Through the maternal line, it applies fully to children born after January 1, 1948. For children born before that date through an exclusively maternal line, a judicial action before the Rome Tribunal is required (Italian Constitutional Court ruling No. 4466/2009).
Required documentation
For the entire genealogical line (from Italian ancestor to applicant):
- Birth certificate of the Italian ancestor (estratto dell’atto di nascita, obtained from the Comune of origin)
- Birth, marriage, and death certificates for each intermediate generation
- Certificate of Non-Naturalization (CNN) of the Italian ancestor, issued by the Brazilian Ministry of Justice
- All Brazilian certificates must be unabridged (inteiro teor), current, apostilled, and translated by a sworn translator
Processing routes
- Consular route (in Brazil): application at the Italian consulate with jurisdiction. Average wait of 5-10 years in São Paulo and Curitiba; less at smaller consulates
- Judicial route (in Italy): direct action at the Rome Tribunal for those facing excessive consular queues. Timeline: 12-24 months. Cost: EUR 3,000 — EUR 8,000 in legal fees
- Administrative route (in Italy): establish residence in an Italian Comune and apply directly. Timeline: 3-6 months after AIRE registration. Requires physical presence
Estimated costs
| Item | Approximate value |
|---|---|
| Brazilian certificates (unabridged) | R$ 50-100 per certificate |
| Apostille | R$ 130-180 per document |
| Sworn translation | R$ 150-400 per certificate |
| CNN (Ministry of Justice) | Free |
| Italian certificate (Comune) | EUR 0-16 |
| Legal fees (judicial route) | EUR 3,000-8,000 |
Portuguese Citizenship by Descent
Children of Portuguese citizens
Children of Portuguese citizens acquire nationality automatically, by attribution (Article 1 of Law No. 37/1981).
Grandchildren of Portuguese citizens
Since the 2020 reform, grandchildren of Portuguese citizens may obtain Portuguese nationality by attribution, without demonstrating effective ties to the community — proof of ancestry is sufficient.
Great-grandchildren of Portuguese citizens
Great-grandchildren have no automatic right but may obtain nationality through naturalization if they demonstrate effective ties to the Portuguese community: language proficiency, frequent visits, participation in associations, family ties in Portugal.
Brazil-Portugal Equality Treaty
The Treaty of Friendship, Cooperation, and Consultation (2000) allows Portuguese citizens in Brazil and Brazilians in Portugal to obtain equal civil and political rights without acquiring the other nationality. It does not replace citizenship but confers equivalent rights.
Documentation
- Birth certificate of the Portuguese grandparent
- Intermediate birth certificates (parent)
- Applicant’s birth certificate
- Identification documents
- Proof of ties to the Portuguese community (for great-grandchildren)
Other Citizenships by Descent
Spain
The Democratic Memory Law (Law 20/2022) allowed descendants of Spaniards — including grandchildren — to obtain citizenship until October 2025. After that deadline, general rules apply: children and grandchildren in specific circumstances.
Germany
German citizenship by descent is transmitted without generational limit but with complex rules. Descendants of those persecuted by the Nazi regime (Article 116, Section 2, Basic Law) have a simplified process. Children born abroad to a German parent after 1999 must have their birth registered at the consulate.
Japan
Japan transmits citizenship by jus sanguinis but does not recognize dual citizenship for those over 22. Descendants of Japanese (nikkei) who obtain Japanese citizenship must formally choose between the two before age 22.
Israel
The Law of Return (1950) grants Israeli citizenship to anyone with at least one Jewish grandparent. The process is conducted through the Jewish Agency or the Israeli consulate.
Brazilian Naturalization
Ordinary naturalization (Article 12, II, “a”, Constitution)
For foreigners residing in Brazil with a permanent visa for at least 4 years (1 year for Portuguese speakers):
- Legal capacity
- Continuous residence
- Ability to read and write Portuguese
- Good conduct
- No criminal conviction
Extraordinary naturalization (Article 12, II, “b”, Constitution)
For foreigners with more than 15 years of uninterrupted residence in Brazil without criminal conviction. Subjective right — cannot be denied if requirements are met.
Special naturalization
For spouses or partners of Brazilians, employees of Brazilian diplomatic missions, and other special cases (Law No. 13,445/2017, Articles 68-70).
Rights and Obligations of Dual Citizens
In Brazil
- Mandatory voting: if domiciled in Brazil, must vote like any Brazilian
- Military service: subject to registration if male and domiciled in Brazil
- Brazilian passport: mandatory for entering and leaving Brazil (Article 5, XV, Constitution, combined with Decree No. 5,978/2006)
- Taxation: Brazilian tax resident is taxed on worldwide income (Article 3, Law No. 7,713/1988)
In the other country
- Rights vary according to the other country’s legislation
- There may be obligations for military service, voting, and taxation
- Must carry the country’s passport when entering its territory
Conflict of obligations
In case of conflict — e.g., mandatory military service in both countries — the law of the country of habitual residence generally applies. Bilateral agreements between Brazil and some countries (such as Italy) regulate specific matters.
Risks and Precautions
- Scams and fraud: the citizenship consultancy market is rife with fraud. Always verify the attorney is registered with the OAB (in Brazil) or the bar association of the relevant country
- False documents: using false documents in citizenship proceedings is a crime (Article 299 of the Brazilian Penal Code and equivalent foreign legislation)
- Certificate validity: Brazilian certificates are valid for 6 months for citizenship purposes; expired certificates require renewal and new apostille
- Tax implications: double taxation may affect dual citizens; seek specialized guidance
Applicable Legislation
- Federal Constitution, Article 12: Brazilian nationality
- Constitutional Amendment No. 131/2023: loss of nationality by express declaration
- Law No. 13,445/2017: Migration Act (naturalization)
- Decree No. 9,199/2017: regulates the Migration Act
- Italian Law No. 91/1992: Italian citizenship
- Portuguese Law No. 37/1981: Portuguese nationality (reformed in 2020)
Next Steps
If you are seeking dual citizenship — through Italian, Portuguese, or other descent — contact our international law team. We offer assistance with document preparation, apostille, translation, consular process, and judicial action.
For questions about document validation, foreign degree validation, or visas and immigration, explore our specialized guides.
This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.