Becoming Brazilian: How Bill No. 2,523/2019 Could Change Naturalisation for Foreign Nationals Moving to Brazil
If you are planning to live in Brazil and may one day apply for Brazilian nationality, Bill No. 2,523/2019, recently approved by a Chamber of Deputies committee, proposes stricter rules on residence, criminal records and proof of income, and would make naturalisation a discretionary decision of the Brazilian State.
For many foreign nationals who settle in Brazil, acquiring Brazilian nationality is the natural final step of a long-term plan. Under Brazilian law, this is done through naturalização, a procedure currently governed by Law No. 13,445/2017, known as the Lei de Migração.
Bill No. 2,523/2019 (PL 2.523/2019), introduced on 24 April 2019 by Federal Deputy Luiz Philippe de Orleans e Bragança (PL/SP), seeks to amend several provisions of the Lei de Migração in order to tighten the criteria for naturalisation. On 15 April 2026, the bill was approved by the Committee on Foreign Relations and National Defence (CREDN) of the Chamber of Deputies, which endorsed the favourable opinion of the rapporteur, Federal Deputy General Girão (PL/RN). Its next stage is review by the Constitution, Justice and Citizenship Committee (CCJC).
This article explains how naturalisation works today, what the bill proposes and what these changes could mean for those who are planning their move to Brazil.
Please note: PL 2.523/2019 is still a bill. Until any new law is passed, signed and published, the current rules of the Lei de Migração (Law No. 13,445/2017) and its regulating decree (Decree No. 9,199/2017) remain in force.
How naturalisation works today
The Brazilian Federal Constitution (Article 12, II) provides for the acquisition of Brazilian nationality by foreign nationals in two main situations: in accordance with the law, with nationals of Portuguese-speaking countries required to show only one year of uninterrupted residence and good moral character (idoneidade moral); and after more than fifteen years of uninterrupted residence in Brazil without a criminal conviction.
The Lei de Migração establishes four types of naturalisation:
- Naturalização ordinária: the standard route for foreign residents who meet the legal requirements, and the one most relevant to those relocating to Brazil;
- Naturalização extraordinária: for those settled in Brazil for more than fifteen uninterrupted years without a criminal conviction;
- Naturalização especial: for spouses or partners of members of the Brazilian Foreign Service and for long-standing employees of Brazilian diplomatic missions or consulates;
- Naturalização provisória: for migrant children and adolescents who settled in Brazil before the age of ten.
At present, an applicant for naturalização ordinária must have full legal capacity under Brazilian law, have resided in Brazil for at least four years, be able to communicate in Portuguese (taking into account the applicant’s circumstances) and have no criminal conviction, or have been legally rehabilitated. The four-year period may be reduced to one year in certain cases, such as having a Brazilian child or a Brazilian spouse or partner.
Crucially, Article 65 of the Lei de Migração currently states that naturalização ordinária “shall be granted” to those who meet these conditions. This is precisely the wording the bill seeks to change.
The main changes proposed
The changes described below are taken from the text of the bill as submitted to the Chamber of Deputies. As the wording may still be amended at later stages, the final text should be monitored closely.
1. Naturalisation would no longer be an entitlement
The most significant change concerns the legal nature of naturalisation. The bill redefines it as a unilateral act of the State in the exercise of its sovereignty and removes the statement that naturalização ordinária “shall be granted”. It also adds an express provision to the Lei de Migração stating that meeting the legal conditions does not guarantee a foreign national the right to naturalisation.
In practical terms, meeting every requirement would become necessary, but not sufficient. The Minister of Justice and Public Security would decide whether granting nationality is appropriate and timely in each case of naturalização ordinária, especial and provisória. When reporting on the bill, General Girão stressed this point, stating that even where an applicant meets all the requirements of the Lei de Migração and Decree No. 9,199/2017, the public administration would not be obliged to grant nationality, as the final decision rests on the public interest and the government’s assessment.
Naturalização extraordinária, which the Constitution grants after more than fifteen years of residence, would not be subject to this discretionary assessment.
2. How your residence period would be counted
For anyone planning a move, this is perhaps the most practical point. Under the bill, the four-year residence period required for naturalização ordinária would have to be uninterrupted and immediately prior to the application. The bill also sets out in law how this period is to be counted:
- only periods in which the applicant has held residence in Brazil por prazo indeterminado (that is, with no fixed expiry date) would be taken into account; and
- occasional trips abroad would not prevent naturalisation, provided the total time spent outside Brazil does not exceed twelve months.
According to the bill’s explanatory statement, Decree No. 9,199/2017 already counts the residence period on the basis of residence por prazo indeterminado. The bill’s purpose here is to set this criterion in the law itself, for the sake of legal certainty. In other words, the type of autorização de residência you hold, and when it becomes indefinite, is already relevant to your timeline and would remain so.
3. Criminal proceedings in Brazil or abroad
Under the current law, applicants must have no criminal conviction or must have been rehabilitated. The bill goes further: applicants could not be facing criminal proceedings, nor have been convicted of an intentional crime, either in Brazil or abroad. The same requirement would apply to naturalização especial.
4. Proof of lawful means of support
The bill introduces a requirement to prove lawful means of supporting oneself and one’s family. This would be met if the applicant:
- provides evidence of their professional activity or documents showing sufficient assets to support themselves and their family;
- receives a retirement pension, excluding welfare benefits;
- is a student aged up to 25 who depends on a parent or other ascendant, a sibling or a guardian; or
- is the spouse or partner of a Brazilian national, or is supported by an ascendant or descendant with sufficient means to meet the legal duty of maintenance.
For retirees relocating to Brazil, the express acceptance of retirement pensions is a relevant detail.
5. Good social conduct
The bill adds a requirement of bom procedimento social (good social conduct), to be verified through an administrative inquiry (sindicância).
6. Nationals of Portuguese-speaking countries
The bill incorporates into the Lei de Migração the constitutional rule for nationals of Portuguese-speaking countries, who would need only one year of uninterrupted residence and idoneidade moral. Today this rule appears in the Constitution and in Decree No. 9,199/2017, but not in the law itself.
7. Reduced residence periods
The current law allows the four-year period to be reduced to one year in all the cases listed in Article 66. The bill would introduce different minimum periods and a new category linked to job creation:
| Circumstance | Current law | PL 2.523/2019 |
|---|---|---|
| Having a Brazilian child (except in naturalização provisória) | 1 year | 1 year |
| Having a Brazilian spouse or partner | 1 year | 1 year |
| Having rendered, or being able to render, relevant service to Brazil | 1 year | 2 years |
| Outstanding professional, scientific or artistic ability | 1 year | 2 years |
| Owning a company in Brazil with at least 20 Brazilian employees | Not provided for | 3 years |
Highly qualified professionals and investors should therefore note that, if the bill is passed in its current form, their reduced residence period would be longer than it is today.
8. Your family would not be naturalised with you
The bill states expressly that naturalisation does not extend Brazilian nationality to the applicant’s spouse or children, nor does it entitle them to enter or settle in Brazil without meeting the requirements of the Lei de Migração. Each family member would therefore need their own immigration status and, if they wish, their own naturalisation application.
9. Previous liabilities abroad
Naturalisation would not extinguish any civil or criminal liability to which the applicant was previously subject in another country.
10. Decision-making, objections and annulment
The bill gives the Minister of Justice and Public Security exclusive authority to grant naturalisation by ministerial order (portaria). It also provides that, while an application is under review, any member of the public may lodge a reasoned objection to it.
Naturalisation would be null and void if any requirement were shown to have been met through false information or forged documents. Annulment would be sought by the Federal Public Prosecutor’s Office before the federal court of the naturalised person’s domicile, with priority processing.
11. Children who arrived in Brazil at a young age
For families relocating with young children, the bill would keep naturalização provisória for children who settled in Brazil before the age of ten. However, to convert it into definitive naturalisation within two years of reaching adulthood, the young person would also have to meet the requirements relating to criminal proceedings, means of support and good social conduct.
The arguments behind the bill
In the explanatory statement, the author argues that granting nationality to foreign nationals has traditionally been regarded, in Brazilian legal scholarship and in the case law of the Federal Supreme Court (STF), as a discretionary act of sovereignty. In his view, the Lei de Migração turned naturalização ordinária into a binding act, creating a right to nationality for anyone meeting what he considers minimal requirements.
The rapporteur, General Girão, also emphasised that the objective of Brazil’s national migration policy, as set out in the Lei de Migração, is to enable foreign nationals to acquire Brazilian nationality through naturalisation or, at the very least, to ensure that they are able to settle in Brazil.
Legislative process: what happens next
The bill is subject to conclusive review by the committees of the Chamber of Deputies, which means that, as a rule, it is decided by the designated committees without a vote in the full Chamber. It was assigned to two committees:
- Committee on Foreign Relations and National Defence (CREDN): approved the bill on 15 April 2026, endorsing the rapporteur’s favourable opinion;
- Constitution, Justice and Citizenship Committee (CCJC): the next stage, which will examine the merits as well as constitutional, legal and drafting aspects.
If approved by the Chamber of Deputies, the bill must then be examined by the Federal Senate and submitted for presidential approval. Its wording may change along the way.
A related bill approved at the same session
At the same session, CREDN approved Bill No. 622/2026 (PL 622/2026), also introduced by Federal Deputy Luiz Philippe de Orleans e Bragança, which concerns the granting of visas or residence to foreign nationals without documentation. The rapporteur, Federal Deputy Albuquerque (REPUBLICANOS/RR), noted that requiring valid documents from the country of origin is the minimum condition for Brazil to cross-check international databases, such as those of Interpol, and verify criminal records.
Although it does not deal with naturalisation, this bill is also worth following for anyone preparing to regularise their immigration status in Brazil.
What this means if you are planning to move to Brazil
For now, applications continue to be assessed under the current Lei de Migração and Decree No. 9,199/2017. Even so, if Brazilian nationality is part of your long-term plans, it is advisable to keep the following points in mind as the bill progresses:
- the type of autorização de residência you obtain, and when it becomes indefinite, determines when your residence period starts to count;
- extended periods abroad could affect your eligibility if the twelve-month limit is enacted;
- criminal proceedings in any country, not only convictions, could become a barrier;
- you may need to document lawful income or assets for yourself and your family; and
- your spouse and children would need their own immigration status and applications.
Frequently asked questions
Is PL 2.523/2019 already in force?
No. The bill has been approved by one committee of the Chamber of Deputies but must still complete the remaining legislative stages in the Chamber and the Federal Senate, and receive presidential approval.
Does the bill change the rules for obtaining residence in Brazil?
PL 2.523/2019 deals with naturalisation rather than with the autorização de residência itself. However, the type and duration of your residence would be decisive in determining when you could apply for Brazilian nationality.
If I meet all the requirements, will I be granted Brazilian nationality?
Under the current law, naturalização ordinária “shall be granted” to those who meet the legal conditions. Under the bill, meeting the requirements would not in itself guarantee naturalisation, and the Minister of Justice and Public Security would assess whether granting it is appropriate.
Will I still need to speak Portuguese?
Yes. The requirement to communicate in Portuguese, taking into account the applicant’s circumstances, is part of the current law and is not removed by the bill.
Will my spouse and children become Brazilian when I am naturalised?
No. The bill states expressly that naturalisation does not extend to the applicant’s spouse or children, who must meet the legal requirements in their own right.
Contact us
If you are planning to move to Brazil and wish to apply for naturalização, or have questions about how the current rules and the proposed changes may apply to your situation, please contact our office for a specialist consultation. We are ready to assist you at every stage of the procedure.
Contact us: contato@indianaraduarte.com | +55 48 3249-4208