Venice Court Reaffirms Italian Citizenship by Iure Sanguinis

The Venice Court recognized Italian citizenship for a group of Brazilian citizens descended from Italians, reaffirming the traditional line of iure sanguinis (right of blood) as the foundation for the transmission of citizenship between generations. The decision, released by the Italian press, comes at a time of strong debate about the limits of citizenship recognition by descent, following the changes promoted by the Decreto Tajani (DL 36/2025, converted into Law 74/2025).

What the Venice Court Decided

According to the Italian press, the Venice Court ruled favorably on applications for recognition of Italian citizenship presented by descendants of Italians residing in Brazil. The court maintained the consolidated understanding that citizenship is transmitted automatically from generation to generation, provided that the line of descent is proven and there has been no interruption by naturalization prior to Law 91/1992 combined with the so-called "minor issue" — rule of article 12, §2, of Law 555/1912, which addressed the automatic loss of citizenship by minor children when the father naturalized in another country.

The decision adds to other recent sentences from Italian courts that, despite the more restrictive scenario brought by the Decreto Tajani, continue to analyze case-by-case judicial applications for recognition, applying the traditional criteria of the right of blood to those who had already filed suit before the legislative changes.

It is important to emphasize that the Decreto Tajani significantly restricted access to citizenship via administrative and consular channels, limiting automatic recognition to children and grandchildren of Italians born abroad. Great-grandchildren and more distant generations were, as a rule, excluded from the consular and administrative route, leaving the judicial route as a possible path — although also subject to the new limitations brought by the norm. The validity and extent of this retroactivity, which affects the very material right acquired from birth, are still being analyzed by the Sezioni Unite della Corte di Cassazione, whose decision will have binding force for all Italian judges.

Why This Matters for Descendants in Brazil

For the millions of Brazilians descended from Italians, the Venice Court decision reinforces the importance of the judicial route as an alternative in the face of growing obstacles in the administrative and consular sphere. With the restriction imposed by the Decreto Tajani on generations beyond children and grandchildren, many descendants have become solely dependent on the Italian judiciary to have their citizenship recognized.

The Venice sentence confirms that, at least for cases already underway and grounded in the traditional line of the right of blood, the understanding of Italian courts remains favorable to the transmission of citizenship by descent, respecting the documentary and genealogical bonds proven in the court records. This reinforces the relevance of correctly gathering the necessary documentation, often through certificate searches in Italy, an essential step to support any application, whether administrative or judicial.

Citizenship is transmitted by blood, not by territory — this is the principle that has guided iure sanguinis since Italian legislation in 1912.

It is worth noting that decisions from courts of first instance, such as Venice, do not have binding effect on other Italian judges, unlike what will happen when the Sezioni Unite della Corte di Cassazione rules on the retroactivity of the Decreto Tajani. Nevertheless, sentences like this serve as a reference and reinforce the thesis that the right to citizenship is born with the person, accompanying their family lineage.

For those following the topic, the Italian Citizenship and Italy News sections of Raízes Italianas continue to bring updates on judicial decisions, legislative changes, and their practical impacts for descendants in Brazil. Those who already live or plan to live in Italy after recognition can also consult the Life in Italy content to learn about next steps.

The Venice Court decision does not end the debate about the limits of citizenship by descent in the post-Decreto Tajani scenario, but serves as an important signal that the judicial route continues to be a concrete path and, for many cases, the only one available for those seeking to have recognized a right they consider theirs by family inheritance.

Want to know if you have the right to Italian citizenship? Contact a specialized Italian citizenship advisory.

Source: Italian Press