POLITICAL RIGHTS AND MIGRATION POLICIES: “Right to vote, and right to be voted”


This paper aims to contribute on debates about the legal regime of political rights in migration policies. The Brazilian constitutional system establishes that nationals from other countries have the right to vote and are eligible for the majority of office positions only if attended some criteria. Two of these criteria are: a) that foreigners be residing in Brazil for at least fifteen years, without criminal condemnation; and b) in the case of nationals from Portuguese-speaking countries, that they be residing in Brazil for at least on year and do not have historical of “moral deviances”. Problems arise if considered that many foreigners that do not match these criteria effectively contribute with the development of the country, since they work, pay taxes and participate regularly in communitarian life. In an attempt to give some steps forward in the matter, the Senate is considering to allow that foreigners run for office in municipal level.