Venice Court Confirms Action for Citizenship by Jus Sanguinis

CATEGORIA: cidadania

CONTEÚDO (Markdown): The Tribunale di Venezia issued a favorable ruling on the request for recognition of Italian citizenship iure sanguinis published on 08/10/2026 (sent. n. 18402/2026), according to the text released by Diritto Pratico. The decision concerns jurisdiction and evidentiary requirements for actions filed by applicants residing abroad, but it should be read in light of normative changes introduced in 2025.

Summary of the decision (Tribunale di Venezia, sent. n. 18402/2026)

The ruling, issued on 08/10/2026 in the process r.g. 15710-2024 by the Sezione Specializzata in materia di immigrazione of the Tribunale di Venezia (judge dott.ssa ###), declared the Ministry’s default and admitted the processing of the applicant’s request for recognition of citizenship iure sanguinis in relation to the Italian ancestor mentioned, according to the text published by Diritto Pratico. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18402.html#0776a

The court recognized its jurisdiction based on Law 206/2021 (art. 1, commi 36‑37), which, since 22/06/2022, binds the jurisdiction to the comune of birth of the Italian ancestor when the applicant resides abroad. On the merits, the decision reiterated that proof of the acquisition fact (documentary chain of parentage) is a central element for recognition.

Essential clarification about normative changes (Decree Tajani DL 36/2025 — Law 74/2025)

This article has been corrected to include a fundamental legal point not present in the original text: in 2025 the Decreto Tajani (DL 36/2025, converted into Law 74/2025) came into force, introducing relevant restrictions on access to citizenship by descent and altering administrative and consular procedures. Key points that affect the practical reading of this decision:

• It is no longer practically possible to obtain administrative recognition of citizenship by jus sanguinis directly at the comune for foreigners residing under the previous terms in most cases (regime changed by the 2025 Decree). (Rule 1)
• The consular route was restricted: after the Decreto Tajani, consular recognition became generally reserved for children and grandchildren of an Italian citizen; further generations (e.g., great-grandchildren) lost automatic consular access to recognition. (Rule 2)
• The Decreto Tajani restricts rights and was adopted with retroactive material effects in key points: the rule states, in a way that affects substantive rights, that certain people born abroad (not a child or grandchild) were never Italian for recognition purposes. This material retroactivity eliminates rights that the person had from birth and is the main point of constitutional and jurisprudential controversy. (Rules 3 and 7)
• The judicial route remains in operation, and decisions like the Tribunale di Venezia’s continue to be possible, but must be analyzed in the context of the decree’s new restrictions; the existence of a judicial route does not eliminate the material impact of the new rule on certain generations. (Rule 4)
• Processes filed before the Decreto Tajani came into force are expressly protected by the decree’s text; this protection is distinct from the issue of material retroactivity affecting births. (Rule 11)

What the decision says (procedural content) and what it does not replace

The Venice ruling affirms jurisdiction under Law 206/2021 and examines the documentary proof of the filiation presented by the plaintiff. However, readers should note that continued success in lawsuits also depends on how the Decreto Tajani is applied to the concrete case—especially with regard to people of generations beyond children and grandchildren.

What changed about jurisdiction and why it matters for those living in Brazil

Law 206/2021 determined that, for applicants residing abroad, the action of recognition must be filed in the court corresponding to the comune of birth of the Italian ancestor (rule in force since 22/06/2022). In the Venice case, the applicant’s grandfather was born in a comune whose jurisdiction is tied to the Tribunale di Venezia, hence the assignment to the Sezione Specializzata in immigrazione of that Court.

Important — regulatory update: although the comune of birth criterion (Law 206/2021) continues to guide forum identification, the administrative and consular routes were limited in 2025. Applicants in Brazil should:

• verify the comune of birth of the ancestor to define the appropriate forum (Law 206/2021);
• assess, before any expectation of success, the impact of the Decreto Tajani (DL 36/2025 / Law 74/2025) on their generational status (child, grandchild, great-grandchild, etc.), because the restrictions and consular limitations may prevent or alter the expected outcome.

Procedural consequences and required evidence

The Tribunale di Venezia confirmed that, in the concrete case, the instruction proceeded based on the documentation presented by the plaintiff and that proof of the acquisition fact (birth, marriage, death certificates, name changes, etc.) is essential. In general:

• The judicial route remains a possible instrument to pursue recognition;
• However, after the Decreto Tajani, existing judicial avenues do not guarantee that all generations will obtain recognition: the decree’s substantive reach may block recognition for certain generations. Read and assess the decree’s applicability to your case before acting.
• Processes filed before the Decreto Tajani’s effective date are protected by the decree itself; this protection is not equivalent to the absence of retroactive material effects of the decree on births. (Rule 11)

Practical note on procedures and evidence: documentation should be organized according to the Court’s requirements and procedural rules (translation, apostille when required), and the evidentiary submission may include requests to the judge under civil procedure.

What this decision means in practice for Brazilian families (correction and caution)

• Brazilians with an ancestor born in Italy can still pursue a judicial action before the competent court according to the comune of birth of the ancestor; however, the viability of recognition also depends on the application of the Decreto Tajani to the concrete case.
• It is not correct to assume that administrative routes at the comune or consular avenues are broadly available as they were before 2025: the Decreto Tajani restricted municipal administrative recognition for foreigners in most cases and limited consular recognition to children and grandchildren. Check generation (child, grandchild, great-grandchild) before taking decisions. (Rules 1 and 2)
• The judiciary can be accessed without awaiting a consular response in many cases, but this option does not negate the decree’s material effects on the claimant’s rights; consult an attorney and assess procedural risk. (Rule 11)

Practical steps recommended for those seeking recognition

1. Gather complete civil documentation: Italian and Brazilian certificates proving the line of descent up to the ancestor born in Italy, properly translated and apostilled where required.
2. Verify the comune of birth of the ancestor to determine which Court/Section is competent, in accordance with Law 206/2021.
3. Before acting, evaluate the impact of the Decreto Tajani (DL 36/2025 / Law 74/2025) on your generation (child, grandchild, great-grandchild, etc.) — because the decree introduced relevant substantive restrictions.
4. Consult a Italian citizenship and immigration attorney to prepare the petition and evidentiary requests, and to assess procedural and constitutional risks arising from the Decreto Tajani.
5. Consider filing a judicial action if the consulate does not respond or denies the request without adequate justification, but always with a full analysis of the Decreto Tajani’s effect on the concrete case.

References and final warnings

• Law 206/2021 (art. 1, commi 36‑37) established the comune of birth of the ancestor as the jurisdiction criterion for applicants residing abroad.
• The Decreto Tajani (DL 36/2025, converted into Law 74/2025) changed the administrative and consular landscape and declared substantive effects that have been the subject of legal and constitutional controversy. This change restricts rights and is not merely procedural; read carefully and seek legal advice.
• The Sezioni Unite of the Corte di Cassazione have binding authority on legal questions when they decide in unified composition; specific decisions of first-instance Courts (like the Tribunale di Venezia) are relevant, but must be analyzed within the current legal framework.

Main source of the cited ruling: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18402.html#0776a

Nota metodológica: this text corrects the original article to include legal and contextual warnings necessary after the 2025 legislative changes. It does not alter the factual content of the cited sentence, but adds the relevant legal limitations that readers interested in citizenship recognition should know.