Tribunale di Venezia Recognizes Jure Sanguinis Italian Citizenship

The Tribunale di Venezia issued a ruling recognizing the cidadania italiana jure sanguinis for descendants born in Brazil in a case filed in 2024, maintaining the application of the pre-Decreto Tajani framework (DL 36/2025, converted into L. 74/2025).

Summary of the decision

The Tribunale di Venezia, in the sentenza n. 18270/2026, published on 10/06/2026, recognized the cidadania italiana jure sanguinis of the appellants, all born in Brazil, in a suit filed in 2024 — a process lasting approximately 33 months. According to the decision text published by Diritto Pratico, the Interior Ministry, the defendant in the case, remained contumacious (did not appear) throughout the proceedings (source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18270.html#08934).

Jurisdiction and temporal framework

The Court asserted its jurisdiction based on the change introduced by legge n. 206/2021, which assigns jurisdiction to the foro of the comune of birth of the Italian ancestor for residents abroad. The decision emphasizes that, since the request was filed before the legislative changes of 28/03/2025 (DL n. 36/2025, converted into L. 74/2025), the examination followed the regime in force at the time of filing — in particular L. 91/1992 and the regulations then applicable.

The ruling notes that the rule on applying the provisions of legge 206/2021 began to take effect from 22/06/2022, according to the text cited by the Court, and uses this temporal reference to confirm the jurisdiction and applicable law to the case.

Legal grounds relied on by the Court

The Court grounded its decision on three main points:

• Documentary evidence: The presented documents established a continuous line of descent from the Italian ancestor to the applicants and demonstrated the absence of naturalization of the ancestor in the country of emigration, a key condition for transmitting the right jure sanguinis.
• Legitimate judicial remedy: The Court considered that unsuccessful or unavailable administrative or consular remedies do not bar the right to seek recognition before the judiciary; the court process is a legitimate means to obtain citizenship recognition.
• Applicable regime at birth: The decision applies the rules in force at the time of the descendants’ birth, noting that there was no irregular transmission via the maternal line before the later restrictive norm came into effect. The Court treated the analysis according to the material law existing at the time of the facts, regardless of subsequent legislative or jurisprudential developments.

"The analysis must follow the discipline in force at the time of the filing of the request/birth, applying the rules governing the transmission of citizenship on the relevant date," a passage from the decision as published by Diritto Pratico.

What this means in practice for Brazilian families

Judicial decisions like the Tribunale di Venezia's confirm important practical points:

• Requests filed before the 2025 reform continue, in many cases, to be governed by the pre-reform law, which matters for those who filed actions or administrative requests in 2024 or earlier. The ruling further demonstrates that the filing date influences the applicable law.
• Key in-court evidence includes birth, marriage, and death certificates evidencing a direct line to the Italian ancestor, along with documentation proving the absence of naturalization of the ancestor in the country of emigration.
• For those who have not yet filed a case, consider the impact of L. 74/2025 (Decreto Tajani), which restricted consular access and altered administrative possibilities; the judicial route remains, but with new contours and risks. To learn more about the changes and implications, consult our section on Cidadania Italiana and related Italy news at Notícias da Itália.

Practical steps and recommended next actions

Based on the Tribunale di Venezia interpretation and filing practices, practical guidance includes:

• Gather civil certificates (birth, marriage, death) of the ancestor and applicants, arrange official translation and, where required, Apostille of the Hague or legalization.
• Obtain documentary evidence of the absence of naturalization of the ancestor in the country where they resided (e.g., naturalization certificates or negative naturalization certificates).
• If there was an administrative attempt at the consulate that was denied or not answered, assess the possibility of a judicial action for recognition, noting the jurisdiction provided by legge 206/2021 for residents abroad.
• Consult a citizenship lawyer to assess court costs, timelines, and likelihood of success based on the available documentation. Keep this ruling — Tribunale di Venezia, n. 18270/2026 — and the public source of the decision (Diritto Pratico) for reference.

For related reads, also see our coverage on Cidadania Italiana and on living and processing documents in Italy in Vida na Itália.

Conclusion

The sentence n. 18270/2026 of the Tribunale di Venezia, published on 06/10/2026 and accessible through Diritto Pratico, recognized jure sanguinis citizenship for descendants born in Brazil in a process filed in 2024, applying the regime in force at the time of filing. The case reinforces the importance of the filing date to determine jurisdiction and applicable law, as well as the need for robust documentation about the lineage and absence of naturalization of the ancestor. Source of the ruling: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18270.html#08934.