Os programas de cidadania por investimento e o “vínculo genuíno de nacionalidade”

Abstract

This dissertation investigates whether investment-based naturalization programs are permitted under international law and whether they can establish a legally recognized genuine link of nationality. The research explores three key areas: first, it analyzes the structure and implementation of investment-based naturalization programs in all countries that have adopted them; second, it analyzes the legal meaning of the genuine link of nationality, focusing on the accepted tests for determining a legitimate connection; and third, it assesses how these programs align with the concept of a genuine link. By examining the historical and legal frameworks, including the landmark Nottebohm case and its implications for the genuine link principle in international law, this study evaluates the legitimacy of these programs. Ultimately, it contributes to the ongoing debate on the compliance of investment-based naturalization with international legal standards, addressing their implications for state sovereignty and global mobility.