Court of Salerno Recognizes Citizenship for Family of 13

The Tribunale di Salerno recognized Italian citizenship iure sanguinis to 13 descendants of a Brazilian family in a decision that closed a case filed in 2024. Judgment no. 4335/2026, published on July 20, 2026, confirms the right to citizenship for all applicants, including minors represented by their parents, based on descent from an Italian immigrant identified in case file no. 10090/2024.

What the Court of Salerno Decided

According to the text of the decision published by Diritto Pratico, the court fully granted the request for recognition of Italian citizenship filed by 13 applicants, all connected to the same family line. The group included different family units descended from a single Italian ancestor, as well as minor applicants, represented legally by their parents.

According to the judgment text, the Ministry of the Interior — a party to the case, as occurs in every judicial citizenship action in Italy — did not contest the merits of the request. The statement by the Avvocatura dello Stato was limited to requesting verification of the formal regularity of powers of attorney granted by the applicants, completeness of the documentation presented, and absence of impediments to recognition, such as potential disruptive naturalization in the line of transmission. The Pubblico Ministero (Italian Public Prosecutor) similarly did not oppose granting the request.

Given the absence of substantive contestation and the documentation deemed regular, the court declared Italian citizenship iure sanguinis for all 13 applicants.

Evidence Presented by the Family

The decision of the Tribunale di Salerno was based on complete reconstruction of the family's genealogical tree, with presentation of certificates linking each of the 13 applicants to the Italian grandfather of origin, without documentary gaps in the succession chain.

Among the central documents were:

• The birth certificate of the Italian ancestor, issued by the comune of origin in Italy;
• The marriage certificate of the ancestor with his wife, also filed with the case;
• The negative naturalization certificate, issued by the competent authority, proving that the Italian immigrant never acquired Brazilian citizenship.

This last document was decisive in the judgment. Since the case involved descendants whose line of transmission passed through an ancestor who emigrated to Brazil, it was necessary to demonstrate that he had not naturalized as a Brazilian before the birth of his children — which, under Italian Law no. 555/1912, could have caused automatic loss of citizenship for minor children under his responsibility, a scenario known as "minor issue." By proving the absence of naturalization, the family eliminated this risk and kept the chain of Italian citizenship transmission intact to the 13 applicants.

Why the Case Was Heard in Salerno

The choice of Tribunale di Salerno as the competent forum was not random. According to article 4, comma 5, of Decree-Law no. 13/2017 — converted into Law no. 46/2017 — when the applicant resides abroad, territorial jurisdiction for citizenship recognition actions is determined based on the comune of birth of the Italian ancestor, not the applicant's domicile.

"When the applicant resides abroad, jurisdiction is determined based on the comune of birth of the ancestor from whom the request for recognition of citizenship status derives."

Since the family's ancestor was born in a comune situated in the jurisdiction area of Salerno, the case was assigned to the Specialized Section on Immigration, International Protection and Free Movement of that court — a body created by the same 2017 decree and holding exclusive jurisdiction to judge cases relating to Italian citizenship status. The judgment, as provided in article 3, comma 4, of the decree, was conducted by a monocratic judge, that is, a single magistrate, not a panel.

What This Means in Practice for Brazilian Families

The case took approximately 31 months from filing in 2024 to publication of the judgment in July 2026 — a timeframe consistent with the average observed in judicial citizenship recognition actions in Italy, which typically proceed over longer periods than the former administrative procedure, but offer greater predictability regarding the outcome when documentation is well prepared.

The case reinforces a point that specialists in Italian citizenship by descent often highlight: the negative naturalization certificate of the Italian ancestor is frequently decisive in eliminating doubts about possible loss of citizenship in the succession line, especially in cases involving ancestors who emigrated in the early twentieth century.

Another relevant aspect of the decision is the number of applicants united in a single action. By demonstrating that it is possible to include 13 descendants from different family units — including minors — in one judicial process, the Salerno case exemplifies how large families can collectively organize their requests, optimizing time and procedural costs when they share the same documented Italian ancestor.

Next Steps After the Judgment

With judicial recognition of citizenship, the Tribunale di Salerno determined that the Ministry of the Interior and the Civil Registry Officer (Ufficiale di Stato Civile) of the competent comune proceed with transcriptions and annotations of Italian citizenship in the civil registry records of the country.

In practice, this means the family still needs to monitor the actual transcription of the judgment with the Italian comune responsible for registering the ancestor, a necessary step for descendants to obtain definitive documents, such as carta d'identità and Italian passport.

It is worth noting that the case tried in Salerno did not directly involve the changes brought by the Decreto Tajani and Law 74/2025, since the request was filed in 2024, before the new restrictions entered into force. Families in similar situations, who are still evaluating filing lawsuits, should verify how recent changes in legislation may affect requirements related to the line of transmission of citizenship, especially in cases involving generations more distant from the Italian ancestor.

To follow other developments in judicial decisions and changes in citizenship legislation, the Raízes Italianas portal maintains updated coverage in News from Italy and in content about Life in Italy.

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