Updated October 2026 · Legal review: Isadora Rizzi, lawyer (OAB/PR 75.878)
The Constitution considers native Brazilians those born abroad to a Brazilian father or mother who are registered at a consular office or who come to live in Brazil and opt for Brazilian nationality after reaching adulthood (art. 12, I, “c”).
Who needs to make the option?
People born abroad to a Brazilian parent who were not registered at the consulate. Those registered at the consulate are already native Brazilians and do not need the option.
What are the requirements?
- Being the child of a Brazilian father or mother.
- Having reached adulthood (18 years).
- Living in Brazil.
How does the process work?
The option is made through a voluntary jurisdiction action at the Federal Court (Constitution, art. 109, X), with participation of the Federal Prosecutor’s Office. After the judgment, it is recorded at the registry office and the person can obtain Brazilian documents.
Which documents should I gather?
- Foreign birth certificate, apostilled and translated.
- Document proving the Brazilian nationality of the father or mother.
- Proof of residence in Brazil.
- Identity document.
Learn about the option for nationality →
Legal basis
- Federal Constitution, art. 12, I, “c”, and art. 109, X.
- Law No. 6,015/1973, art. 32.
Frequently asked questions
Can a minor make the option?
The option can only be made after age 18. Before that, the route is consular registration or transcription of the birth.
Will I lose my other nationality?
Not under Brazilian law. Check the rules of the other country.
How long does it take?
It depends on the federal court. On average, a few months.