Are you a Brazilian citizen living abroad? In cases of detention outside Brazil, questions such as “Can the Brazilian consulate help?” or “Does my European citizenship protect me?” are common, but often based on misconceptions. In practice, consular assistance has legal limits, and dual nationality may even restrict the intervention of Brazilian authorities. In addition, it has become increasingly common for individuals to try to use foreign citizenship as a way to avoid complying with Brazilian court orders, for example, fleeing to the country of their second nationality in the belief that they cannot be arrested or extradited. However, this type of maneuver faces significant legal barriers and, in most cases, does not prevent international cooperation nor eliminate the legal effects of a Brazilian court decision.
In this article, we clarify what the consulate can, and cannot, do in cases of detention abroad, how dual citizenship is legally treated in these contexts, and what rights Brazilian citizens actually have when detained outside the country.
What Are the Rights of a Brazilian Citizen Detained Abroad?
When a Brazilian citizen is arrested abroad, they have the right to request that the Brazilian embassy be informed. The role of the diplomatic and consular authorities is to ensure that the individual has access to a lawyer, can communicate with family, and understands the legal proceedings they are involved in. However, the consulate’s role does not include legal defense in the criminal case, nor does it cover attorney’s fees or interfere in the decisions of local authorities. It is important to note that, in most countries, domestic legislation prevails, and diplomatic intervention is limited, even when the Brazilian citizen claims irregularities in the process. The consulate may monitor the case, but it does not act as a legal representative.
Does a dual citizenship offer protection in these cases?
Having a dual citizenship does not mean immunity from foreign laws. In fact, in many cases, dual nationality can further limit the Brazilian consulate’s ability to intervene. This is because when an individual also holds the nationality of the country where they are detained, local authorities often consider them exclusively as a national of that state, thus disregarding the legitimacy of consular involvement by another country. Moreover, holding a second citizenship does not prevent international cooperation or nullify the effects of decisions issued by Brazilian courts. Simply, being in the territory of one’s second nationality does not, for example, rule out extradition or the enforcement of judicial measures, when any applicable international treaties exist.
A practical example: a Brazilian-Italian citizen detained in Italy may be denied access to the Brazilian consulate because, to Italian authorities, they are an Italian citizen subject to local laws just like any other resident. In such a scenario, dual citizenship serves more as a connection between countries than as a legal shield. That said, dual citizenship can offer practical advantages, such as improved communication with local authorities, more frequent visits, and access to certain benefits within the prison system of the country. However, these conveniences do not eliminate any legal obligations and do not guarantee immunity from international legal cooperation.
Conclusion
Knowing your rights when living or traveling abroad is essential to ensure legal protection in sensitive situations. Dual citizenship alone does not eliminate legal responsibilities or automatically grant privileges, especially when court decisions or investigations are pending in Brazil. Our law firm specializes in International Law, immigration, and nationality, with extensive experience in citizenship recognition and legal cooperation between countries. If you live abroad or are facing a legal issue outside Brazil, count on us to provide secure legal support every step of the way.
André L. C Delziovo
