Brescia Court Recognizes Italian Citizenship of Brazilian Family

The Tribunale di Brescia recognized Italian citizenship iure sanguinis for a Brazilian family, ending a process that lasted approximately 31 months from filing. Judgment no. 6271/2026, published on July 22, 2026, confirms that delays by Italian consulates in Brazil do not prevent direct access to Italian courts — a thesis that has been reinforced by different courts throughout the country.

What the Tribunale di Brescia decided

Judgment no. 6271/2026, referring to case no. 18034/2024, was filed in 2024 and decided after approximately 31 months of proceedings. According to the text of the decision published by Diritto Pratico, the ricorrenti — several members of the same family — requested judicial recognition of Italian citizenship based on an ancestor born in Italy.

The court panel analyzed the entire chain of births and marriages presented by the applicants, as well as the negative naturalization certificate of the Italian ancestor, a document proving he never acquired Brazilian citizenship. Based on this body of evidence and the historical-legal reasoning developed throughout the judgment, the Court recognized Italian citizenship to all parties to the action.

Who is the Italian ancestor in this story

The case begins with an Italian citizen born in Italy who emigrated to Brazil and founded a family there, never renouncing his original citizenship nor becoming naturalized as Brazilian. The family tree presented to the court spans several generations — great-grandchildren, great-great-grandchildren, and great-great-great-grandchildren — reaching the current applicants.

Proof that the ancestor never became a naturalized Brazilian was central to the argument, as it supports the thesis that Italian citizenship was transmitted uninterruptedly through the line of descent, without any act that could have broken this chain.

Why the family went to court instead of waiting for the administrative process

One of the central points of the judgment is the reaffirmation that neither a prior request through administrative channels, nor exhaustion of the 730-day legal deadline set out in Article 3 of D.P.R. 362/94, are mandatory conditions for a family to resort to Italian courts.

The Court cited the chronic delays faced by Italian consulates and comuni, resulting from the high volume of citizenship recognition requests, as legitimate justification for direct access to judicial proceedings. This is a thesis already consolidated in various courts throughout the country, including precedent cited by the Tribunale di Brescia itself from the Tribunale di Roma.

This understanding is relevant for those evaluating the Italian citizenship judicial process as an alternative given the slowness of the consular route.

The legal context used by the court

The judgment relies on D.Lgs. 13/2017 and D.Lgs. 150/2011, which established the so-called rito semplificato and regulate the jurisdiction of specialized sections on citizenship matters within the Italian judiciary. Since June 22, 2022, for applicants residing abroad, territorial jurisdiction is determined by the municipality of birth of the father, mother, or Italian ancestor originating the request.

Furthermore, the Court reconstructed the historical-legal framework of Italian citizenship from the Civil Code of 1865 and the process of Italian unification, the basis used to evaluate how the citizenship bond was transmitted through successive generations to the applicants.

What this means in practice for Brazilian families

The Tribunale di Brescia's decision reinforces that well-documented cases — with negative naturalization certificate of the Italian ancestor and complete records of births and marriages throughout the entire line of succession — continue to succeed in Italian courts.

The judgment also confirms that consular delays are not an obstacle to seeking justice, but the case itself illustrates that the judicial path also requires patience: the process took approximately 31 months between filing in 2024 and publication of the judgment in 2026.

It is important to note that this process was filed before the changes brought by the Decreto Tajani and Law 74/2025, which imposed new limits on citizenship recognition by descent, such as restricting the consular route to children and grandchildren of Italians. Families who have not yet submitted their requests should carefully verify whether they still meet the rules currently in force before initiating any process.

Next steps for those who identify with this type of case

Families who recognize their own story in this type of decision should, first and foremost, gather complete documentation: birth, marriage, and death certificates of the entire line of descent from the Italian ancestor to the current applicant. The search for certificates in Italy is usually one of the most time-consuming steps in this process.

It is also essential to obtain the negative naturalization certificate of the Italian ancestor from competent Brazilian authorities, a document proving he never lost his original citizenship.

Finally, given the new legal landscape established after 2025, it is advisable to consult a specialized lawyer to evaluate whether the judicial route in Italy remains the most appropriate strategy for your specific case, considering the restrictions imposed by the decree and the most recent case law on the subject.

To follow other developments on the subject, the Raízes Italianas portal maintains constant coverage in Italian Citizenship and Italy News, as well as content about the daily life of Brazilians already living in the country in Life in Italy.

The Tribunale di Brescia's decision is yet another example that the judicial route remains a possible path for descendants of Italians, provided it is supported by solid documentation and by legal analysis attentive to recent changes in legislation.

Want to know if you have the right to Italian citizenship? Speak with a specialized advisor.