Equality Statute for Brazilians

The Treaty of Friendship, Cooperation and Consultation between Portugal and Brazil, signed at Porto Seguro on 22 April 2000, provides that Brazilians in Portugal and Portuguese in Brazil can be placed on the same footing as nationals of the country where they live. In Portugal the procedure is set out in Decree-Law no. 154/2003. This guide explains who can apply, what is submitted, what the statute gives and what it leaves out.

Who can apply

gov.pt describes the audience as any Brazilian citizen, of legal age and resident in Portugal with a valid residence title. The decree-law adds that the applicant must be civilly capable under Brazilian law and have habitual residence in Portuguese territory, proved through a residence permit (article 5(1)).

In practice, someone who does not yet hold a residence permit is left out: the sources do not say that a pending application is enough. gov.pt adds that the application can be made at any time, as long as the documents and requirements are met. If you are still sorting out residence, start with the Path or the CPLP mobility guide.

The application is a personal act: only the applicant, or an attorney with special powers, can make it (article 3).

Documents and where to submit

The request form is on the AIMA website, under Impressos e Minutas (forms and templates; the guide to AIMA forms lists the three Equality Statute models). It asks for full name, date of birth, marital status, parents, place of birth, address, contact details and the date since which you have lived in Portugal with a residence permit. AIMA lists two documents to attach:

• a photocopy of the residence permit;
• a certificate of nationality, original and photocopy, issued by the Brazilian consulate, certifying that the person is not prevented from exercising their civil rights.

For proof of nationality the decree-law accepts documents that are sufficient under Brazilian law, or a declaration issued by a Brazilian consulate in Portugal (article 7). Identity and residence are proved in the general way.

gov.pt says the application is submitted by post or in person at an AIMA counter. The decree-law, as amended in 2023, speaks of AIMA’s central services or its regional directorates (article 8). The gov.pt page carries a notice that it may be out of date, so confirm with AIMA which channel is currently in use before sending the file.

If information or documents are missing, the applicant is notified and has 30 days to supply them, failing which the file is closed (article 9(2)).

Cost

Article 43 declares the application, the steps of the process, the publication of the decision and the obtaining of the necessary documents free of charge, exempt from fees and charges. The certificate of nationality is issued by the Brazilian consulate; confirm its procedure and conditions with the consulate.

The decision

The decision rests with the member of the Government responsible for migration (article 4, as amended in 2023). The 30-day period in article 10 runs from the moment AIMA submits the prepared and reported file to that member of the Government, so it only governs that last stage. The grant is published, in extract form, in the 2nd series of the Diário da República (article 11), and registration takes place at the Conservatória dos Registos Centrais (article 25); the statute takes effect from the registration of the decision (article 15).

If the application is refused, an appeal lies to the administrative courts under the general law (article 12).

What the statute gives

Under the Treaty (article 12), beneficiaries enjoy the same rights and are subject to the same duties as nationals. Among the rights placed on the same footing as those of a Portuguese person, gov.pt lists:

• carrying on economic activities;
• working without quantitative limits;
• holding office in the bodies of companies or other legal entities, without quantitative limits;
• access to the civil service, including roles beyond predominantly technical ones.

Political rights are a different matter. The Treaty and the decree-law treat their enjoyment as a separate recognition that depends on a request and on three years of habitual residence (Treaty article 17; decree-law articles 2, 5(2) and 19), with its own request form at AIMA. That recognition requires the general statute to have been granted beforehand or at the same time (article 2(1)), and the general statute alone does not contain it. The same gov.pt page also mentions voting in local elections (with a residence permit for more than two years) and standing as a candidate (more than four years). Those periods match the local electoral law, Organic Law no. 1/2001, which, in the wording published in 2001, gives the right to vote to citizens of Portuguese-speaking countries with legal residence for more than two years (article 2(1)(c)) and eligibility to registered voters of those countries resident in Portugal for more than four years (article 5(1)(c)), in both cases where Portuguese citizens enjoy the same right in the state of origin. Those periods are set by that law, and voter registration is handled through the electoral register (recenseamento eleitoral); confirm the wording in force with the National Elections Commission. Enjoying political rights in Portugal suspends the exercise of the same rights in Brazil (Treaty article 17(3)).

What the statute does not give

• It is an equation of rights, not a change of nationality. Holding the statute does not imply losing Brazilian nationality (Treaty, article 13), and holders keep the rights and duties inherent in it, except those that offend national sovereignty or public order in the country of residence. For Portuguese nationality, see the Citizenship guide.
• It does not cover rights that the Constitution reserves to nationals (Treaty, article 14). The decree-law carves out access to the offices of President of the Republic, President of the Assembly of the Republic, Prime Minister and presidents of the supreme courts, service in the Armed Forces and the diplomatic career (article 16(2)).
• It gives no diplomatic protection in third countries: outside Portugal, diplomatic protection is Brazil’s (Treaty, article 20; decree-law, article 16(1)).
• It does not do away with the residence permit. The statute ends when the residence permit lapses or is cancelled and when Brazilian nationality is lost (decree-law, article 13), and the ending only takes effect once registered. If you lose Brazilian nationality, you must yourself ask for registration of the ending within 30 days (article 26(2)).

Beneficiaries are subject to Portuguese criminal law on the same terms as Portuguese citizens and are not subject to extradition, unless it is requested by the Brazilian Government (Treaty, article 18).

Citizen Card

The Treaty (article 22) provides for identity documents identical to those of nationals, stating the holder’s nationality and referring to the Treaty, for domestic use. In 2003 the decree-law spoke of a “bilhete de identidade” (article 40); today the gov.pt page on the first Cartão de Cidadão says the card is optional for Brazilians who have been granted the general equality statute of rights and duties. The application goes through IRN channels.

The decree-law provided that the application for the identity document be supported by the full copy certificate of the record granting the statute. gov.pt has a service for requesting that certificate, available only once the statute has been granted and handled only at the Conservatória dos Registos Centrais. The first Citizen Card page lists no documents for this case, so confirm at the counter what to bring. See also the NIF and NISS guides, and the glossary.

If something goes wrong

• File closed for missing documents: the 30-day period to complete the file is in article 9; keep the proof of submission and the notification.
• Unfavourable proposal or refusal: if the proposed decision is not favourable, it is notified to the applicant (article 9(3)), and decisions that deny the statute can be appealed to the administrative courts. A lawyer can assess the case.
• Doubts about the submission channel: Service points lists the in-person counters.