Recent Case Law: Italian Citizenship Jure Sanguinis in 2026

Several Italian courts have reaffirmed, throughout 2026, the right to citizenship by descent even in light of the restrictions imposed by the Decreto Tajani (DL 36/2025, converted into Lei 91/1992). Although the administrative and consular route has been drastically limited, decisions from the Venice Court, the Rome Court, and other Italian courts show that the judicial route continues to be a possible path for descendants of Italians, including cases involving the maternal line and naturalization of ancestors.

What is Jure Sanguinis and Its Importance

The jure sanguinis, or "right of blood," is the principle by which Italian citizenship is transmitted by descent, from father or mother to child, regardless of birthplace. It is this principle that allows Brazilians with great-grandparents, grandparents, or Italian parents to claim recognition of Italian citizenship, provided they can prove an unbroken line of descent.

The principle differs from jure soli, adopted by countries such as Brazil and the United States, in which nationality is granted by the simple fact of being born in a given territory. Italy, like most European countries, does not adopt jure soli as a general rule — the transmission of citizenship follows, historically, the bloodline.

Until the Decreto Tajani came into force in March 2025, it was possible to claim citizenship by jure sanguinis without a generational limit, provided there was an Italian ancestor alive on the date of Italian unification (March 17, 1861) or born after it, and no link in the chain had renounced citizenship before the birth of the next descendant. With the new law, the administrative and consular route became restricted to children and grandchildren of Italians, and the pursuit of recognition for more distant generations became largely dependent on the judicial route. Learn more about Italian citizenship by descent.

Recent Venice Court Decisions

The Venice Court has stood out in 2026 for decisions that reaffirm the right to citizenship by jure sanguinis even in light of the new legislative scenario. In several judgments, the Venetian court recognized the line of descent of Brazilian families and other nationalities, validating documentation proving the blood bond with Italian ancestors, according to information carried by Italian legal outlets that follow the court's decisions.

These sentences are relevant because they serve as a reference for other first-instance judges in Italy. Although decisions from courts like Venice do not have the binding force of decisions by the Sezioni Unite della Corte di Cassazione, they contribute to consolidating an understanding of how documentation should be analyzed and the limits of retroactive application of the Decreto Tajani to rights already formed by the requerente's birth.

The impact of these decisions extends to other Italian courts, which begin to observe the grounds used by Venice in judging similar cases involving descendants of Italians who emigrated to Brazil and other countries throughout the 19th and 20th centuries. Follow the latest news on citizenship.

Maternal Line: Legal Advances

One of the most sensitive topics in Italian citizenship jurisprudence involves transmission through the maternal line. Historically, Italian legislation prior to 1948 did not allow women to transmit citizenship to their children — only men had this right recognized by Lei 555/1912.

Decisions by the Rome Court have reaffirmed, in 2026, the understanding that this historical restriction violates the constitutional principle of equality between men and women, enshrined in the 1948 Italian Constitution. Based on this understanding, descendants of Italian women who emigrated before 1948 and who had children before the Constitution came into force have achieved, through judicial means, recognition of citizenship that would be denied them by a literal reading of the old law.

This line of decisions represents an important advance for Brazilian families whose Italian ancestry passes through a woman, not a man, something common in family trees of Italian immigration to Brazil.

Municipalities That Facilitate Recognition

Although direct administrative recognition in comuni has been restricted by Decreto 36/2025 for most cases of distant descendants, some Italian municipalities continue to play a relevant role in judicial proceedings, particularly in the documentation procedure and sentence transcription phase.

The city of Mirandola, in the province of Modena, has been cited as an example of efficiency in processing cases, streamlining the transcription of favorable sentences obtained in Italian courts in local civil registries. This does not mean that Mirandola recognizes citizenship administratively for great-grandchildren or later generations — transcription occurs after the Italian Judiciary has already decided the case — but the speed in executing this final step has reduced the total time between the sentence and the issuance of Italian documents, such as passport and carta d'identità.

This type of municipal efficiency is relevant for those who have already obtained a favorable decision and need to formalize citizenship in Italian civil records, an indispensable step before requesting official documents. Discover life in Italy as a new citizen.

Naturalization of the Ancestor: Does Not Affect the Descendant

Another relevant point of recent case law involves the so-called "minor issue," provided for in article 12, paragraph 2, of Lei 555/1912. This rule addressed the automatic loss of Italian citizenship by minor children when the father naturalized in another country before the 1948 Constitution came into force.

Recent sentences from Italian courts have reaffirmed that this rule has restricted application and cannot be interpreted expansively to harm descendants. In concrete cases, Italian judges have recognized that when the child was already of legal age at the time of the father's naturalization, the automatic loss provided for in the "minor issue" does not apply, preserving the right to citizenship of this descendant and of the entire line that originated from him.

This interpretation offers greater legal certainty for Brazilians descended from Italians who naturalized in Brazil or other countries, especially when there is doubt about the age of ancestors at the time of naturalization.

Success Rate and Case Processing Timelines

According to data released by Italian law firms specializing in citizenship recognition actions, the majority of judicial jure sanguinis actions filed in Italy have obtained favorable decisions for the plaintiffs, although processing time varies depending on the chosen court, the documentary complexity of the case, and the volume of cases in each court division.

Processing time also varies greatly between courts, and factors such as the quality of documentation presented, the clarity of the descent chain, and the choice of competent jurisdiction directly influence the duration and outcome of the case.

How to Use This Case Law to Your Advantage

For those intending to seek recognition of Italian citizenship through the judicial route, knowing the recent decisions of courts like Venice and Rome can be a strategic advantage. Citing favorable precedents in the initial petition, organizing documentation according to the criteria that Italian judges have been requiring, and properly choosing the competent court are steps that can influence the result and processing time of the case.

It is also essential to gather birth, marriage, and death certificates of the entire line of descent, often requiring research in Brazilian and Italian civil registries. Services of document search in Italy may be necessary when original documents are not available in Brazil.

Given the complexity brought by the Decreto Tajani and the discussions still underway in the Sezioni Unite della Corte di Cassazione regarding the retroactivity of the new law, seeking specialized legal guidance has become even more important for those wishing to file a recognition action.

The Italian case law of 2026 shows a scenario of dispute: on one side, the Decreto Tajani seeking to restrict and even retroactively apply to rights that descendants carry from birth; on the other, courts like those of Venice and Rome reaffirming, in concrete cases, the validity of the right to jure sanguinis. For Brazilians descended from Italians, following these decisions and seeking proper guidance remains essential to navigate a process that, despite being more complex, still offers real paths to recognition. Italian Citizenship and Italy News bring continuous updates on the topic, as well as content about Life in Italy for those who have already achieved recognition.

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