Venice Court Recognizes Citizenship by iure sanguinis

CATEGORY: citizenship

CONTENT (Markdown): A sentença n. 20579/2026 do Tribunale di Venezia, publicada em 04/11/2026, reconheceu a cidadania italiana iure sanguinis a favor dos recorrentes nos autos civili n. 13834/2023, declarando a competência do tribunal com base na lei 206/2021 e confirmando a linha de descendência mediante a documentação de registro civil apresentada, segundo o texto da decisão publicado pelo Diritto Pratico (https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20579.html#8c86c). O Ministério Público não se constituiu em juízo.

Summary of the decision

• The decision of the Tribunale di Venezia (sentenza n. 20579/2026, 04/11/2026) granted the request for recognition of citizenship by descent filed in civil case n. 13834/2023, declaring that the Italian ancestor did not naturalize nor renounce citizenship, allowing transmission to descendants.
• The court examined birth, marriage and death certificates presented by the appellants and found that the documentary evidence was sufficient to link the succession chain between the applicant and the Italian ancestor.
• The court recognized its territorial competence based on Law 206/2021, as it corresponds to the comune of birth of the Italian grandfather, and applied the procedural rule in force, as recorded in the judgment.
• According to the text of the decision published by Diritto Pratico, the opposing Public Prosecutor did not appear, which contributed to the favorable outcome. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20579.html#8c86c.

Main legal grounds

• The reasoning centers on the application of Law 91/1992, which establishes the principle of iure sanguinis: one born to an Italian citizen father or mother is, as a rule, an Italian citizen.

  Law 91/1992 provides for acquiring citizenship by birth (ius sanguinis).

What changes in practice for Brazilian families

• When there is complete documentation proving that the Italian ancestor did not naturalize, cases like the Venetia ruling have a good chance of judicial recognition.
• It is important to note the most recent normative framework: after the Tajani Decree (DL 36/2025, converted by Law 74/2025) there were significant changes in administrative access and competence for citizenship recognition requests. In particular:
  • The consular route became restricted to children and grandchildren; great-grandchildren and later generations can no longer obtain recognition via consular channels.
  • The possibility of administrative recognition directly at the comune for foreign applicants was, in practice, very limited by the same normative set (Decree 36/2025), so the municipal administrative route is no longer a viable option in most cases.
• Consequently, applicants of generations beyond grandchildren should plan carefully for the judicial route, noting that competent courts (such as the Tribunale di Venezia) continue to assess iure sanguinis recognition requests.

Deadlines and evidence that matter

• Essential evidence cited by the court: birth, marriage and death certificates that establish, without gaps, the link between the applicant and the Italian ancestor.
• The proof that the ancestor did not naturalize in the host country before the transmission of citizenship was treated as a decisive document in the sentence. Absence of naturalization is a central point in ius sanguinis recognition proceedings.
• Procedural note: cases filed BEFORE the Tajani Decree (DL 36/2025, converted into Law 74/2025) are protected by the decree’s own text. The concrete application of the new rules and the question of material retroactivity are sensitive topics being discussed in jurisprudence and doctrine; applicants should consult up-to-date legal advice on their specific case.

Practical implications and recommendations

• Review and organize all direct chain certificates from the Italian ancestor to the applicant; this was the essential step. Complete documentation was the key factor in the Tribunale di Venezia case.
• Applicants living abroad should check, with a specialized attorney or the consulate, whether their case is still susceptible to the administrative route. In particular, great-grandchildren and later generations cannot rely on consular recognition and, in most cases, will have to resort to the judiciary.
• When there are gaps in documentation or lack of administrative response, the judicial route remains a valid option: the Venice ruling shows that with sufficient proof, recognition can be obtained. However, one must consider administrative and procedural limitations introduced by DL 36/2025 / Law 74/2025.

Conclusion The sentence n. 20579/2026 of the Tribunale di Venezia reinforces that, with complete documentary proof and demonstration of the ancestor’s lack of naturalization, judicial recognition of the Italian citizenship iure sanguinis is possible, applying the competence provided by Law 206/2021, according to the text of the decision published by Diritto Pratico (https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20579.html#8c86c). However, after the Tajani Decree (DL 36/2025, converted into Law 74/2025), the administrative consular route is limited to children and grandchildren, and the municipal administrative route is effectively not an option for most foreign applicants; thus, many people, especially great-grandchildren and later generations, will need to consider the judicial route.

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