Rome Court Recognizes Italian Citizenship Through Maternal Line

The Tribunale di Roma recognized the right to Italian citizenship for two Brazilians descended through the maternal line, in a decision that reinforces the validity of the judicial route even in cases prior to 1948. Judgment No. 11919/2026, published on August 4, 2026, was disclosed by the specialized website Diritto Pratico.

What the Rome Court Decided

Judgment No. 11919/2026 of the Tribunale di Roma, published on August 4, 2026, recognized the right to Italian citizenship of two applicants born in Brazil. According to the text of the decision published by Diritto Pratico, the petition was based on descent from an Italian ancestor who emigrated to Brazil without ever renouncing Italian citizenship or becoming a Brazilian national.

According to the same source, the Italian Ministry of the Interior, defendant in the case, did not contest the substance of the matter — that is, it presented no arguments against the right claimed by the applicants. The State Attorney's Office limited itself to requesting compensation for court costs, without challenging the line of descent presented or the documentation supporting it.

The case follows the common model of Italian citizenship actions via judicial route, when consular analysis or the administrative process does not advance or denies the petition due to obstacles related to the line of transmission.

Why Italian Justice Ruled in Favor of the Brazilians

According to the text of the decision, the Tribunale di Roma applied the consolidated understanding of the Sezioni Unite of the Corte di Cassazione in judgment No. 25317/2022. Under this understanding, whoever requests recognition of citizenship must prove only two elements: the acquisitive fact — that is, the birth of the Italian ancestor — and the line of transmission to the applicant.

The burden falls on the opposing party, in this case the Italian State, to prove any interruption of that chain, such as naturalization in another country prior to the birth of the following descendant. According to the text of the decision published by Diritto Pratico, this did not occur in the case analyzed: there was no proof that the ancestor had become a Brazilian national or formally renounced Italian citizenship.

The decision also notes that the State Attorney's Office appeared late in the process, which, according to the court, caused it to lose the opportunity to specifically contest the documentation presented by the applicants. This is a relevant procedural point: inertia of the opposing party within procedural deadlines can establish as undisputed the facts alleged by the other party.

The court also reaffirmed a principle already established by Italian case law: citizenship status, once acquired by birth, has a permanent nature and is imprescriptible. This means it can be claimed judicially at any time, without a statute of limitations, provided it is properly proven.

The Case of the Maternal Line: An Important Point

One of the most relevant aspects of the judgment is that the applicants descended through the female line — a historically sensitive topic within citizenship through maternal line. Until 1948, Italian legislation provided that only the father automatically transmitted citizenship to children, placing the Italian woman in a position of inequality relative to men.

According to the text of the decision, the Tribunale di Roma clarified that the well-known judgment of the Corte di Cassazione No. 4466/2009 — which dealt with the limitation on transmission through the maternal line before 1948 — applies only to the scope of administrative petitions, filed at the consulate or, previously, at the comune. This limitation does not prevent recognition of citizenship through the judicial route.

In practice, this reinforces an understanding already advocated by those following the topic: cases of maternal descent prior to January 1, 1948 — the date the Italian Constitution entered into force, establishing equality between men and women — continue to be legally viable, but only through judicial action for citizenship in Italy, not through the administrative route.

What Changes with the Decreto Tajani and Law 74/2025

The decision expressly notes that the case was ruled under the legal framework prior to the changes brought by Decree-Law 36/2025, the so-called Decreto Tajani, later converted into Law 74/2025. This law significantly restricted access to citizenship by descent, limiting automatic recognition to children and grandchildren of Italians born abroad and changing the rules applicable to the consular route.

This means that judicial processes already filed before the decree entered into force continue to be analyzed under the previous rules, which are more favorable in various respects — including, as this case demonstrates, the possibility of recognition through the maternal line prior to 1948 without the generational limitations imposed later.

Families that have not yet initiated their process, however, need to carefully evaluate how the new rules regarding generational limitations and the requirement of residence in Italy may affect their specific case. The changes brought by the Decreto Tajani have been debated including regarding their retroactivity, a question still under analysis by the Sezioni Unite of the Corte di Cassazione — decisions by this body are binding on all Italian judges, but so far there is no published definitive ruling on the matter.

What This Means in Practice for Brazilian Families

The decision of the Tribunale di Roma reinforces that judicial actions in Italy continue to be an effective path for Brazilian families, especially when the administrative process is slow, stalled, or denies the right to citizenship based on the limitation of transmission through the maternal line before 1948.

The case also highlights the importance of gathering complete and consistent documentation from the start of the process. According to the text of the decision, the documents proving the line of descent and the absence of naturalization of the Italian ancestor had already been presented with the appeal, which contributed to the strength of the petition before the court.

It is important to note, however, that the fact that the Ministry of the Interior did not contest the substance and only requested compensation for court costs does not represent a spontaneous recognition of citizenship outside of Justice. It is a procedural strategy of the Italian State in cases where the documentation presented is robust — but this does not replace the need for judicial action.

Finally, it is worth reiterating that each case depends on the specific analysis of the line of descent, the quality of Italian certificate searches and the available documentation about the Italian ancestor. Favorable decisions such as this serve as guidance, but do not guarantee automatic results for all processes with similar characteristics. To follow other decisions and legislative changes related to the topic, the Raízes Italianas portal maintains permanent coverage in News from Italy and also on practical aspects of Life in Italy for those planning to settle in the country after recognition.

Judgment No. 11919/2026 of the Tribunale di Roma confirms that, despite the restrictions brought by the Decreto Tajani, the judicial route remains a valid and, in many cases, indispensable instrument for families descended from Italians through the maternal line prior to 1948 and who face obstacles in administrative recognition of their right.

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