New Italian Citizenship Law 2026: What Changed

Descendants of Italians planning to apply for citizenship recognition need to understand a new scenario in 2026: the administrative route has lost its strength and the judicial process for Italian citizenship has consolidated as the primary and, for most cases, only viable path. These changes stem from Decreto Tajani (DL 36/2025, converted into Lei 74/2025), which restricted recognition by descent and altered the routine of consulates and comuni throughout Italy.

Consulates restrict services and comuni limit administrative recognition

Italian consulates in Brazil and other countries with large descendant populations face long queues, a scenario already familiar before the decree itself. With the reorganization promoted by Decreto Tajani, the consular route became restricted to children and grandchildren of Italians—meaning great-grandchildren and more distant generations can no longer file applications directly at the consulate.

Similarly, recognition through the administrative route at the comune, which would be done by the applicant themselves while residing in Italy, no longer applies to most descendants seeking citizenship independently, without going through a judicial process. This restriction is contained in Decreto 36/2025 and directly affects those who don't fall within the generations permitted by the new rule.

The only active route is the judicial process in Italy

For great-grandchildren, great-great-grandchildren, and other descendants outside the child or grandchild criteria, the only option is a lawsuit filed directly before an Italian tribunal. It's important to note: this route already existed before the decree, but now it has become the almost exclusive entry point for a significant portion of Italian descendants in Brazil.

Requests for certificates from the comune continue normally

Despite restrictions on recognition itself, Italian comuni continue issuing birth, marriage, and death certificates normally. This service was not interrupted by the decree and remains essential for assembling the file that will support the judicial action.

Italian tribunals as the primary entry point

With the administrative and consular routes practically closed to most descendants, Italian tribunals now concentrate the volume of citizenship recognition requests under jure sanguinis. The process is pursued through a lawyer qualified in Italy and proceeds before Italian courts, no longer in Brazil.

Deadlines and procedures of the judicial process

The judicial procedure follows steps specific to the Italian system: distribution of the case to a competent tribunal, service on the opposing party (generally the Interior Ministry and, in some cases, the relevant comune), instruction with genealogical documentation, and finally, judgment. Deadlines vary depending on which tribunal is chosen and the volume of cases in progress, and it's not possible to set an exact completion date without monitoring progress with the responsible lawyer.

Costs and documentation needed for action in Italy

Filing a lawsuit involves lawyer's fees, Italian court costs, and expenses for translation and apostille of documents. Values vary depending on the firm hired and the complexity of the succession line, so it's recommended to request a detailed quote before starting the process.

Documentation requirements for judicial process

The documentary basis for any citizenship process remains the same as historically required: birth, marriage, and when applicable, death certificates of the entire succession line, from the applicant back to the Italian ancestor born in Italy.

Requests for certificates from the comune remain active

As mentioned, comuni continue processing requests for foreign certificates, which means that anyone who doesn't yet have the complete file can and should obtain these documents now, regardless of which recognition route they'll use.

Sworn translation and apostille of documents

All Brazilian documents submitted with the process require sworn translation into Italian and Hague apostille. This documentary care is even more relevant in judicial proceedings, since any inconsistency can be used by the opposing party to challenge the succession line during the proceedings.

The 1948 rule remains valid in judicial process

The so-called "1948 rule" continues to apply in judicial processes. It addresses cases where citizenship transmission occurred exclusively through the paternal line before the 1948 Italian Constitution, which prevented women from transmitting citizenship to children born before that date. Anyone with this type of case in their genealogy also depends on the judicial route, since the very nature of the action is to correct this historical distinction.

Continuity breakdown: how to prove the succession line

Another point of attention in judicial processes is the so-called continuity breakdown, when there are discrepancies in names, spelling, or dates between Brazilian and Italian documents. These cases require supplementary documentation, such as identity statements and other evidence confirming that it's the same person throughout the succession line.

Recent tribunal cases: variable jurisprudence

Italian tribunals have analyzed citizenship recognition actions with understandings that vary by region and composition of the panel. The question of the retroactivity of Decreto Tajani, in particular, is pending decision by the Sezioni Unite of the Corte di Cassazione, which has binding force for all Italian judges. The central point under debate is whether a later law can retroactively extinguish a right to citizenship that the descendant carries from birth, since the decree states that whoever is not a child or grandchild of an Italian was never an Italian citizen. Until the Sezioni Unite makes a decision, the issue remains without final resolution, and the Raízes Italianas portal follows developments in the latest citizenship news.

Increased costs with Italian lawyers

With the migration of petition volume to the judicial route, demand for Italian lawyers specializing in citizenship has also grown. This movement has pushed fees upward compared to the period when consular and administrative recognition was still widely accessible.

Longer wait times for process completion

Beyond cost, wait times also tend to be longer in judicial proceedings, since they depend on the calendar and case load of each Italian tribunal, which varies by region chosen for filing the action.

Alternative legal support options from a distance

Even with the process proceeding in Italy, it's possible to gather documentation, hire a lawyer, and monitor case progress from Brazil, without the need to travel for most stages, since court representation is handled by the Italian lawyer appointed by power of attorney.

Documentation to gather in 2026

Regardless of when the action is filed, gathering certificates, arranging translations, and apostilles is work that can start immediately. This prevents delays when the process is finally distributed to the competent tribunal.

Contact with specialized Italian lawyers

Before starting any process, it's recommended to seek guidance from lawyers qualified in Italy with specific experience in jure sanguinis citizenship actions, to understand case particularities, such as possible continuity breakdown or application of the 1948 rule.

Preparation for judicial action in Italian territory

Preparation involves not only documents but also understanding of Italian procedural law and expected deadlines. For those also planning a stay in Italy during the process, the portal offers content on living in Italy with practical information about daily life in the country.

The 2026 scenario demands greater planning for those seeking Italian citizenship recognition. With the judicial route concentrating most petitions, organized documentation, adequate legal guidance, and monitoring of Sezioni Unite of the Corte di Cassazione decisions are essential steps for those beginning or already in the middle of this path. To follow all developments, it's worthwhile to check the Italian Citizenship and Italy News sections of the portal.

Do you want to know if you're entitled to Italian citizenship? Contact a specialized assessment.