Fall 2007Constitutional Emendation #54 of September 20th, 2007
by Carolina Garutti, Emdoc MRS Specialized Services, Brazil
It was published in the Official Federal Gazette, Constitutional Emendation nº 54 about the recognition of the Brazilian nationality of Brazilians´ children born abroad.
The previous constitutional commandment, about recognition of the nationality, was being a matter of strong criticism for allowing the possibility of Brazilians children that born abroad become stateless.
The current rule invigorates with the following writing in its article 12, paragraph c, informing that are Brazilians, the ones born abroad from Brazilian father or Brazilian mother, since they are registered in competent Brazilian Sections or become resident in the Federative Republic of Brazil and opt, in any time, after reached the majority, for the Brazilian nationality.
The Act of the Transitory Constitutional Disposals starts to invigorate increased by the article 95 about the ones been born abroad between June 7th 1994 and the date of the promulgation of this Constitutional Emendation, Brazilians’ children from Brazilian father or mother, will be able to be registered in competent Brazilian diplomatic or consular sections or in register notary, if they become resident in the Federative Republic of Brazil.