Rome Court of Appeal Reforms Sentence on Italian Citizenship

The Corte d'Appello di Roma partially granted an appeal filed by a family of Italian descendants whose request for recognition of Italian citizenship by iure sanguinis had been denied in the first instance. The decision, sentenza n. 6382/2026, published on September 11, 2026, reforms in part the sentence of the Tribunale di Roma and brings relevant guidance on how Italian courts should evaluate documentary evidence in cases involving descendants of immigrants who became naturalized in Brazil in the late nineteenth century.

What the Corte d'Appello di Roma Decided

According to the text of the decision published by Diritto Pratico, the Corte d'Appello ruled on the appeal filed against sentenza n. 9293/2025 from the Tribunale di Roma, which had entirely rejected the request for recognition of iure sanguinis citizenship filed by the plaintiffs.

The Court considered the appeal "fondato nei limiti e per le ragioni che seguono" — that is, partially granted. This means that the first-instance decision was reformed only in part, within the specific limits and grounds indicated in the ruling, and not an outright and automatic victory for all points discussed in the case.

The case involves a line of descent traced back to an Italian born in 1892, passing through his daughter, then his grandson, and finally his great-grandson — the generation to which the plaintiffs belong. The discussion centered on two key points: proof of the genealogical transmission line and demonstration that the Italian ancestor had not lost his citizenship before the birth of subsequent descendants.

Why the First-Instance Court Had Denied the Request

According to the text of the sentence, the first-instance court found that the complete line of descent and the maintenance of the Italian ancestor's citizenship had not been properly proven. In the Tribunale di Roma's assessment, the documentation presented — Italian birth certificate, Brazilian marriage certificate, and negative naturalization certificate — would not be sufficient to support the claim.

The Court also rejected the argument that the absence of specific contestation by the Italian Ministry of Interior could supplement any gaps in the documentary proof presented by the plaintiffs. In other words, even without direct and reasoned opposition from the Ministry, the first-instance judge understood that it was entirely up to the plaintiffs to exhaustively demonstrate each link in the succession chain and the permanence of Italian citizenship throughout the generations.

The Grounds for Reform by the Corte d'Appello

In partially reforming the prior decision, the Corte d'Appello di Roma reaffirmed principles already established in Italian jurisprudence regarding the nature of citizen status. According to the ruling, iure sanguinis citizenship is a permanent and imprescriptible status, placing on the plaintiff the burden of proving the original acquisitive fact and the integrity of the genealogical line connecting him to the Italian ancestor.

The decision expressly cites jurisprudence from the Corte di Cassazione — sentences n. 25317/2022 and 25318/2022 — concerning the so-called "Brazilian mass naturalization of 1889," an episode in which the Brazilian government granted collective naturalization to foreigners residing in the country through Decreto n. 58-A of December 14, 1889.

A central point of the ruling is the reaffirmation that loss of Italian citizenship cannot be presumed merely from continued residence in Brazil, establishment of life in the country, or any declarations of possession of Brazilian citizenship. According to the text, invoking ordinanze n. 13585/2024, 13663/2024, and 9931/2024 from the Corte di Cassazione, it is necessary to demonstrate an express voluntary act of naturalization or formal renunciation of citizenship of origin — something that, according to the Corte d'Appello, had not been proven by the party claiming the loss.

The Court also criticized what it called an "atomistic evaluation" of documents by the first-instance court — that is, isolated and fragmented analysis of each certificate without considering the body of evidence as a whole. For the appellate judges, certificates, sworn translations, apostilles, and Brazilian civil registry attestations must be examined in an integrated manner, not separately, so that the solidity of the genealogical proof presented can be correctly assessed.

Which Law Was Applied: Before the Decreto Tajani

An important procedural aspect of the decision concerns the time when the action was filed. Because the case was filed in November 2024 — before the entry into force of the Decreto Tajani and Lei 74/2025 — article 3-bis of Lei n. 91/1992 was applied to the case, which guarantees to judicial actions filed up to March 27, 2025 judgment according to the rules in force at that time, without the impact of the new restrictions brought by the decree.

This means that the case was not analyzed under the most recent limitations imposed on the judicial route, but rather under the prior legal regime, more favorable to recognition by line of descent without generational restriction. The case proceeded, as stated in the ruling, under the rito semplificato provided for in article 19-bis of d.lgs. n. 150/2011, a procedure of essentially documentary nature, without extensive evidentiary proceedings.

What This Means in Practice for Brazilian Families

The decision of the Corte d'Appello di Roma reinforces an important understanding for thousands of Brazilian families descended from Italians: it falls on the party alleging loss of citizenship — usually the Ministry of Interior, when contesting the claim — the burden of proving a concrete and specific interruptive fact, such as a formal act of naturalization or express renunciation. Generic allegations about the 1889 Brazilian naturalization are insufficient in themselves to deny the right to citizenship by descent.

The ruling also reinforces the trend already observed in recent Corte di Cassazione decisions regarding the "mass naturalization" of 1889, a recurring theme in cases involving descendants of Italian immigrants who settled in Brazil in the late nineteenth and early twentieth centuries.

Since the outcome of the judgment was partial — favorable only within the limits and grounds expressly indicated in the text of the decision — families with similar cases pending in Italy should note that the organization and completeness of genealogical documentation were decisive factors for the Court of Appeal's reassessment of the case. Consular certificates, apostilles, and sworn translations must form a coherent and integrated body, not isolated pieces analyzed separately by the court.

To follow other developments regarding Italian court decisions and changes in citizenship legislation, see the News from Italy and the Life in Italy section of Raízes Italianas.

The case analyzed by the Corte d'Appello di Roma illustrates how the judicial route, even in the face of restrictions imposed by the Decreto Tajani on new requests, continues to be a possible path for cases filed before March 2025 — as long as they are supported by robust and coherent documentary proof.

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