This Tuesday (2) obtained an injunction from the 1st Federal Court of Rio de Janeiro that guarantees people from eight countries in humanitarian crisis the right to request Brazilian nationality without presenting documents that are unfeasible or excessively difficult to obtain.
The measure benefits people from , Haiti, , , Iraq, Burkina Faso and Mali.
In the action, the DPU argued that the requirement for a criminal record certificate issued by the country of origin and an international travel document, provided for in an ordinance from the Ministry of Justice, creates barriers for migrants from countries affected by wars, institutional collapse, persecution or serious human rights violations.
Federal judge Togo Paulo Penna Ricci accepted the arguments. The decision determines that the Union processes requests even without the documents being presented, as long as the applicants formally declare that it is impossible to obtain them.
“It is an important victory for migrants who come to the country fleeing serious humanitarian conflicts. By applying for naturalization as Brazilians, they are welcomed by Brazil with their nationality and can have more legal security to live their lives, with access to rights”, says the DPU’s regional Human Rights defender in Rio de Janeiro, Thales Arcoverde Treiger.
The DPU defended the application, by analogy, of the rule already foreseen for stateless persons, which does not require the presentation of these documents.
The judge emphasized that the measure does not represent an automatic granting of naturalization nor does it interfere with the public administration’s competence to analyze legal requirements. The Federal Court established a 30-day deadline for the Union to comply with the determination.
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