A legislative proposal similar to one presented by Chega in 2021, when André Ventura was the sole deputy, has once again surfaced. Previously, the Portuguese Parliament had rejected it after the Constitutional Affairs, Rights, Freedoms, and Guarantees Committee deemed it unconstitutional, citing violations of fundamental law principles such as equal treatment and the prevention of penalties leading to the loss of civil, professional, or political rights.
In the newly announced bill, Chega argues that “nationality should not be considered an absolute and untouchable right, especially when it is used to compromise the Republic’s values and institutions.”
“Thus, the loss of nationality acquired through naturalization or dual nationality must occur in cases where individuals commit acts that severely undermine national sovereignty, security, or the essential principles of the rule of law,” the bill’s explanatory note states.
Chega asserts that crimes warranting nationality revocation should include participation in terrorist organizations, involvement in crimes against state security, or any acts attacking the foundations of a democratic state.
The party proposes amendments to the nationality law, specifying that those who obtained nationality through naturalization and are “definitively sentenced to effective prison terms exceeding three years” would be subject to nationality revocation.
Furthermore, irrespective of the penalty, anyone “convicted by final judgment or reviewed and confirmed by a Portuguese court for terrorism,” or crimes such as “outrage against national and regional symbols,” “coercion against constitutional bodies,” or foreign connections, would also lose nationality.
Another scenario suggested by Chega for nationality loss involves offensive acts, “in an overt and notorious manner, aimed at inciting hatred or humiliating the nation, its history, and its fundamental symbols.”
The proposal further includes criteria opposing the acquisition of Portuguese nationality, adding “the repeated practice of behaviors, conduct, or statements offensive to the nation’s dignity and its fundamental political, historical, and cultural symbols.”
Besides these measures related to nationality loss, the bill seeks to tighten criteria for obtaining Portuguese nationality, particularly for children of foreign citizens born in Portugal.
Currently, the law grants automatic nationality to such children if one parent has been legally residing in Portugal for at least two years.
Chega’s bill proposes extending this period to six years for citizens of Portuguese-speaking countries and ten years for others.
Additionally, for naturalization, candidates would need to prove “an effective connection to the national community,” “the ability to manage themselves and ensure their livelihood,” pass a “national integration and citizenship test,” and demonstrate “sufficient knowledge of the Portuguese language.”
