POLITICAL RIGHTS OF PORTUGUESE PEOPLE RESIDENT IN BRAZIL: THE LIMITS OF RECIPROCITY AND PASSIVE ELECTORAL CAPACITY

Abstract

This article aims to analyse the scope of political rights granted to Portuguese citizens living in Brazil. The Treaty of Friendship, Cooperation and Consultation between the Federative Republic of Brazil and the Portuguese Republic (Decree No. 3,927/2001) guarantees Portuguese citizens living in Brazil the right to participate in Brazilian elections, either as voters or as candidates for elective office. The Brazilian Federal Constitution, in turn, recognizes the rights inherent to Brazilian citizens to Portuguese citizens with permanent residence in the country, if there is reciprocity in favour of Brazilians, except in cases provided for in the Constitution itself (article 12, §1º). The text then restricts access to certain political positions to naturalized Brazilians, without mentioning Portuguese citizens (article 12, §§2º and 3º). The question is whether Portuguese citizens can be treated as naturalized citizens and, consequently, whether there is any constitutional restriction regarding the political rights of Portuguese citizens. This article aims to analyse each of the hypotheses and verify which one best fits the constitutional hermeneutics, considering the prevailing doctrine and stare decisis.