Constitution of the United States of Brazil (1946)/Title 4/Chapter 1

Chapter I
Nationality and Citizenship

Art. 129—The following are Brazilians:

I—persons born in Brazil, even though of foreign parents, if the latter are not resident at the service of the government of their country;

II—the children of a Brazilian father or mother born in a foreign country, if the parents are at the service of Brazil, or, if they should not be, if they come to reside in the country. In this case, after the attainment of majority they should, in order to conserve Brazilian nationality, choose it within four years;

III—those who acquired Brazilian nationality under the terms of Article 69, Numbers IV and V, of the Constitution of February 24, 1891;

IV—foreigners naturalized in the form which the law may establish, it being required of the Portuguese merely that they reside in the country one uninterrupted year and be of good moral standing and physical health.

Art. 130—A Brazilian shall lose his nationality:

I—who, by voluntary naturalization, shall acquire another nationality;

II—who, without permission of the President of the Republic, shall accept a commission, employment, or pension from a foreign government;

III—who, by judicial sentence, in process established by law, shall have his naturalization cancelled by reason of exercising activity injurious to the national interest.

Art. 131—Electors shall be Brazilians more than eighteen years of age who register as prescribed by law.

Art. 132—The following may not register as electors:

I—the illiterate;

II—those who do not know how to express themselves in the national tongue;

III—those who may be deprived temporarily or permanently of political rights.

Sole Paragraph—enlisted soldiers also may not register as electors, except officer candidates, sub-officers, sub-lieutenants, sergeants, and students of military schools of higher instruction.

Art. 133—Registration and voting are obligatory for Brazilians of both sexes, save the exceptions established by law.

Art. 134—Suffrage is universal and direct; the vote is secret; and the proportional representation of the national political parties is assured in the form which the law may establish.

Art. 135—Political rights shall be suspended or lost only in the following cases:

§ 1. They shall be suspended:

I—for absolute civil incapacity;

II—for criminal conviction, for as long as its effects shall last;

§ 2. They shall be lost:

I—in the cases established in Article 130;

II—for the refusal provided for in Article 141, § 8;

III—for the acceptance of foreign title of nobility or decoration which may imply restriction of right or duty before the State.

Art. 136—The loss of political rights carries with it, simultaneously, the loss of public office or function.

Art. 137—The law shall establish the conditions of reacquisition of political rights and of nationality.

Art. 138—Those who may not be registered and those mentioned in the Sole Paragraph of Article 132 may not be elected.

Art. 139—The following also may not be elected:

I—as President and Vice President of the Republic:

a)—a President who may have held the office for any space of time in the period immediately preceding, and likewise the Vice President who may have succeeded him or who, during the six months preceding the election, may have substituted for him;

b)—until six months after definite separation from their functions, the governors and federal interventors appointed in accordance with Article 12, the ministers of State and the Mayor of the Federal District;

c)—until three months after definitive cessation of their functions, the ministers of the Federal Supreme Court, and the Attorney General of the Republic, the chiefs of staff, the judges, the attorney-general and the regional attorneys of the electoral justice, the secretaries of State and the chiefs of police;

II—as governor:

a)—in each State, a governor who may have held the office for any period of time in the period immediately preceding, or person who may have succeeded him, or who may have substituted for him within the six months preceding the election; and a federal interventor appointed in the form of Article 12, who may have exercised the functions for any space of time in the governmental period immediately preceding;

b)—until one year after definitive separation from his functions, the President, the Vice President of the Republic, and any substitutes who may have assumed the presidency;

c)—in each State, until three months after definitive cessation of their functions, the secretaries of State, the chiefs of the military districts, the commandants of police, the federal and state magistrates and the chief of the Public Ministry;

d)—until three months after definitive cessation of their functions, those who may be ineligible for President of the Republic, except those mentioned in items a) and b) of this number;

III—as Mayor, anyone who may have held the office in the period immediately preceding, as well as anyone who may have succeeded him or who, within the six months preceding the election, may have substituted for him; and, likewise, for the same period, the police authorities with jurisdiction in the municipality;

IV—for the Chamber of Deputies and the Federal Senate, the authorities mentioned in Numbers I and II, under the same conditions established therein, if in office during the three months preceding the election;

V—for the legislative assemblies, the governors, secretaries of State, and the chief of Police, until two months after definitive cessation of their functions.

Sole Paragraph—The precepts of this article apply to the office-holders, both regular and provisional, in the offices mentioned.

Art. 140—Likewise ineligible, under the same conditions set forth in the preceding article are the spouse and relatives or kin, to the second degree:

I—of the President and the Vice President of the Republic or of the substitute who may assume the presidency:

a)—for President and Vice President;

b)—for Governor;

c)—for Deputy or Senator, except in case of having already exercised the mandate or of having been elected simultaneously with the President and Vice President of the Republic;

II—of the Governor or Federal Interventor, appointed in accordance with Article 12 in each State:

a)—for Governor;

b)—for Deputy or Senator except in case of having already exercised the mandate or of having been elected simultaneously with the Governor;

III—of the Mayor for the same office.