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Statute of Equal Rights and Duties Brazil Portugal

30 de April, 2024

Statute of Equal Rights and Duties Brazil Portugal

Learn how the Statute of Equal Rights and Duties Brazil Portugal works, its advantages, and how to request it!
Jovens abraçados: Estatuto de Igualdade
Reading: 5 min

The Statute of Equal Rights and Duties grants a series of rights to Brazilians residing in Portugal. This is due to a bilateral agreement signed in 2020 by both countries. Find out here how this statute works, its advantages, who is entitled to apply for it, and how to request it!

What is the Statute of Equal Rights and Duties signed between Brazil and Portugal?

The Statute of Equal Rights is an agreement between these two countries that ensures the equalization of rights and responsibilities for both Portuguese in Brazil and Brazilians in Portugal. In other words: with it, Brazilian citizens have the same rights and duties as Portuguese citizens, even without having Portuguese citizenship. And vice versa.

This agreement has a long history, dating back to the early 1970s and reiterated in 2000, on the fifth centenary of the colonization of Brazil, through the Treaty of Friendship, Cooperation, and Consultation between the Federative Republic of Brazil and the Portuguese Republic (Porto Seguro Treaty). Later, Decree-Law No. 154/2003, of July 15, was promulgated to regulate the implementation of the Treaty in Portugal.

Learn more on the government’s website.

Who can apply for the Statute of Equal Rights and Duties for Brazilians?

Any citizen of Brazilian nationality, over 18 years old, residing in Portugal with a valid residence permit (including the CPLP Residence), regardless of how long they have been living in the country.

Types of Equal Rights and Obligations Statuses in Portugal

Brazilians can apply for different types of statutes in Portugal:

  • Statute of Equal Civil Rights and Duties:
    • Granted to legally capable individuals with a residence permit in the country.
    • Allows Brazilians to enjoy the same rights and duties as Portuguese citizens, including being subject to Portuguese criminal law.
  • Statute of Equal Political Rights:
    • Requires the same criteria for granting as the previous statute, with the addition of the requirement of legal residence for at least three years.
    • Guarantees Brazilians the recognition of the same political rights as Portuguese citizens, including the right to vote.
  • Statute of Equal Rights and Duties and Political Rights:
    • Combines the previous statutes, requiring the same granting criteria.
    • Depends on the prior or simultaneous granting of the Equality of Rights and Duties and Political Rights statutes, allowing the cumulative exercise of the mentioned rights.

How to apply for the Statute of Equal Rights and Duties for Brazilian citizens residing in Portugal?

Gather the following documents:

  • Copy of the Residence Permit. For those with CPLP authorization, it is necessary to attach a copy of the passport.
  • Certificate of Nationality (original and copy) issued by the Brazilian Consulate, certifying that the citizen is not prevented from exercising their civil rights. This certificate can be requested through scheduling on the e-consular Portal.
  • Printed and duly filled out Request for Statute of Equality of Rights and Duties. Click here to print.

Then, armed with these documents, you can make your own request in one of the following ways:

  • In person, at the AIMA service counters (which replaced SEF), by prior appointment.
  • By mail, to the Central Services of AIMA, the request can be made by sending the form and the necessary documents. The address of AIMA, also available on its form, is Avenida Antônio Augusto de Aguiar, n 20, Lisbon, CP 1069-119.

What are the advantages of the Equal Rights Statute in Portugal?

As mentioned earlier, with the Statute of Equal Rights, Brazilian citizens gain some rights that are exclusive to Portuguese citizens. Among them:

  • The right to the citizen card, with your NIF (Tax Identification Number) and registration number in the Social Security and National Health System (the latter two are automatically assigned).
  • Eligibility to apply for public tenders in Portugal, provided that the requirements stated in the notice are met.
  • Voting in Portugal and running for some political positions after 3 years of residency in the country (in this case, political rights in Brazil will be suspended). However, there are exceptions for the following positions: President of the Republic, President of the Assembly of the Republic, Prime Minister, presidents of the supreme courts, and service in the Armed Forces and diplomatic career.
  • Eligibility to apply for scholarships at universities.
  • Studying in Portugal and paying the same tuition fees as Portuguese nationals in some situations. Currently, Portuguese universities have made it difficult to apply the Equal Right Status for students already enrolled, preventing the change from international student status to national student status during the course. This affects tuition fees and scholarship options. Thus, those who come to study with a student visa may not be able to reduce fees in the second year. However, those who have been living in Portugal for more than two years, through other residence permits, may have access to the benefits of the Statute from the beginning of their studies, but it is necessary to check with each university.

With rights come responsibilities…

It is important to remember that by acquiring the Equal Rights Status, Brazilians will be subject to Portuguese criminal law. Therefore, if a crime is committed in Portugal, the individual will be judged under Portuguese laws.

Validity of the Equal Rights Status

The Statute will expire upon the expiration of its residence permit or if the beneficiary loses their Brazilian nationality or is deprived of political rights in Brazil.

Waiting time for the Status of Equality

Before the creation of the CPLP Residence Permit, the equal rights statute used to be ready after 6 or 8 months. Currently, with the creation of the ARCPLP and AIMA, which has also taken on the role of analyzing and issuing this document, the Equal Rights Statute has taken up to 2 years to be delivered.

How much does the Statute of Equal Rights cost?

Free of charge.

Is it worth applying for the Statute of Equal Rights and Duties Brazil Portugal?

Yes. This bilateral agreement guarantees a series of benefits to Brazilians residing in Portugal, providing them with rights equivalent to those of Portuguese citizens. With the Statute, Brazilian citizens can apply for public tenders, vote, obtain the citizen card, run for some political positions, and access scholarships and discounts at universities. Although there are some restrictions, such as the difficulty of changing from international student status to national student status during the course, the benefits still outweigh the drawbacks.

If you are considering living in Portugal, Atlantic Bridge could be your ideal partner. Our specialized team offers personalized assistance to make your transition to Portugal smoother and more efficient. From consulting on visa acquisition and documents to guidance on investments in the country, we are here to help you and your family settle successfully in Portugal. Contact us today to take the first step towards a new life in Portuguese lands.

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Silvia Resende

Author:

Silvia Resende

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