Re Limongi
| Número do processo | Case No. 110 |
| Data | 13 Dezembro 1934 |
| Órgão | Supreme Court (Brazil) |
Nationality — Naturalisation — Intention to Retain Former Nationality — The Law of Brazil.
The Facts.—Limongi was born in Italy. He came to Brazil, bought immovable property there, married, and had children born there. He also became a voter. He published newspapers in the Italian language in Brazil, which were generally hostile in tone to the new Brazilian Government. In various public records he described himself as a “native of Italy”. It seemed that he had in his newspaper called upon the Italian authorities to intervene against “the excessive nationalism” of the new Government of Brazil. The Government ordered his deportation. He sought relief of habeas corpus against deportation, claiming to be a Brazilian citizen by virtue of compliance with paragraph 5 of Article 69 of the Brazilian Constitution of 1891.1 This read:
“The following are Brazilian citizens: … 5. Foreigners who hold immovable property in Brazil and who are married to Brazilian women or have Brazilian children, in case they reside in Brazil, unless they manifest their intention not to change their nationality.”
Held: that habeas corpus must be refused, on the ground that Limongi had not become a Brazilian citizen. Referring to the last clause of paragraph 5 of Article 69 of the Constitution of 1891 the Court said: “‘… unless they manifest their intention not to change their nationality’. Here is the great restriction, the express limitation, upon the right of citizenship, a limitation and restriction which apply to the present individual and petition for habeas corpus. However much he may possess immovable property in Brazil, be married to a Brazilian wife, have Brazilian children—it is enough to show the simple intention not to change his nationality, for the alien to be unable to be regarded as a Brazilian.”2
1 Article 106 (c) of the new Brazilian Constitution of 1934 provides that Brazilian citizens shall include “those who have already acquired the nationality by virtue of Article 69, paragraphs 4 and...
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