The option of exchanging state judges from different courts was also enacted; texts do not need to be sanctioned
The National Congress enacted this Tuesday (3.Oct.2023) the constitutional amendments 130which allows exchanges between state judges from different courts, and 131what ends the automatic loss of Brazilian citizenship for anyone who obtains another nationality.
After the PECs (Proposed Amendment to the Constitution) are approved in 2 rounds of voting by the Chamber and the Senate, they are promulgated directly by congressmen, without requiring presidential sanction.
The minister of the TCU (Federal Audit Court), Antonio Anastasia, was present at the session. Anastasia is the author of the PEC that gave rise to amendment 131, presented when he was senator for Minas Gerais.
In a speech in the plenary this Tuesday, the TCU minister said that the previous legislation that determined the loss of Brazilian citizenship “should be reversed”.
“Brazilians go to the United States to work hard, with commitment and honesty, and [quando] If he manages to achieve the possibility of citizenship in the United States or in any other country, he could lose his Brazilian nationality. Unfortunately, it was an unfair situation and could only be changed by a proposed amendment to the Constitution.”declared Anastasia.
The Constitution established that the automatic loss of Brazilian nationality, in the case of acquiring a new nationality, would have two exceptions: if the legislation of the other country recognized the citizen’s origin or if naturalization was required as a condition for remaining in the territory.
With the change promoted by constitutional amendment 131, the citizen will only lose Brazilian nationality with an express written request or, in the case of a naturalized Brazilian (who was not born in Brazil) if you are tried in court for defrauding the naturalization process or for attacking the “constitutional order and the Democratic Rule of Law”.
The amendment also determines that, if the citizen requests the loss of Brazilian nationality, he or she may request it in the future. However, the rules for requesting nationality back need to be formulated in new legislative proposals.
EXCHANGE BETWEEN JUDGES
Constitutional amendment 130 was proposed by the then deputy Margaret Coelho (PP-PI). Establishes that state judges from different courts can exchange, as long as they are within the same segment of Justice and the same size district. The measure can only be made if all magistrates involved agree to the exchange.
Before the amendment, federal and Labor judges could request an exchange. State magistrates could change districts within the same court of justice if they passed a new public examination to work in another state.
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