Venice Court: Italian citizenship recognized by jus sanguinis

The Tribunale di Venezia recognized Italian citizenship iure sanguinis for a petitioner whose case was heard in the immigration specialized section; the judgment (sentenza n. 19424/2026) was published on 21/10/2026 and considered proven the line of descent and the ancestor's lack of naturalization. According to the text of the decision published by Diritto Pratico, the case was filed in 2024 and lasted approximately 34 months (https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19424.html#eb9f1).

Summary of the decision — Italian citizenship, Tribunale di Venezia

• Judgment no. 19424/2026, Tribunale di Venezia, published on 21/10/2026; case started in 2024 (duration ≈ 34 months). Source: Diritto Pratico.
• The judge concluded that the applicant proved a direct line of descent to the ancestor born in Italy and that this ancestor had not naturalized or renounced Italian citizenship.
• The request for recognition of Italian citizenship iure sanguinis was granted: the Italian civil registry and the foreign documents presented supported the recognition, according to the decision text published by Diritto Pratico (link above).

Court jurisdiction and why Venice heard the case — Tribunale di Venezia, competence

• The case was filed in the territorial court competent for the place of birth of the Italian ancestor, and in this concrete instance the competence led to processing before the Tribunale di Venezia, immigration specialized section, as stated in the sentence.
• Note: due to legislative changes in 2025 (Decreto Tajani, DL 36/2025, conv. L. 74/2025), the administrative route in municipalities for recognizing citizenship of foreigners has practically ceased to be a viable option in most cases; today, as a rule, those seeking jus sanguinis recognition outside Italy should consider the consular route (within legal limits) or the judicial route before the competent Tribunale.

Legal grounds of the sentence — application of legge n. 91/1992

• The judge applied the rules of legge n. 91/1992 on transmission of citizenship by descent (transmission iure sanguinis: “son of a citizen father or mother”).
• There was documentary verification of the civil chain (birth, marriage and possible death certificates) proving the bloodline to the ancestor born in Italy.
• The decision found that the ancestor had not acquired foreign naturalization nor voluntarily renounced Italian citizenship, a condition necessary for transmission of citizenship by blood.

Practical impact for Brazilian families — judicial recognition

• The ruling confirms that the judicial route can obtain recognition when Italian civil and foreign documents show the transmission chain to the ancestor born in Italy.
• Important caveat about the current legal framework: the Decreto Tajani (DL 36/2025, conv. L. 74/2025) significantly changed the landscape — notably restricting the possibility of consular recognition (practically limited to children and grandchildren) and introducing rules whose effect has been interpreted as retroactive to birth for certain generations abroad. In other words, the decree does not act merely as a set of procedural deadlines; it has become central to a controversy about whether and how a new rule can extinguish a material right that a person would have had since birth.
• In the Venice case, the process was filed in 2024 (i.e., before the Tajani Decree came into force). The sentence states that art. 3‑bis of the decree was not applied to the concrete case. It should be noted that the decree itself provides protection for proceedings filed before its entry into force; this procedural protection is distinct from the broader question of retroactivity of the material right for people born abroad and not children/grandchildren of Italians.
• Consequently, applicants pursuing judicial relief should assess two things: (a) whether their case was filed before the Tajani Decree took effect (leading to procedural protection under the decree) and (b) whether the Decree, by its material scope and court interpretations, eliminates the right of recognition for their generation (a material-right issue that requires specific analysis). Do not confuse procedural protection for proceedings filed earlier with the debate about retroactivity of the material right.

Effect of the Tajani Decree (DL 36/2025, converted to L. 74/2025) and its application to the case

• The Tajani Decree added art. 3‑bis to L. 91/1992 and restricted the scope of consular recognitions; however, the central and controversial point is that the law has been interpreted as having retroactive effect to birth for certain people born abroad (i.e., potentially declaring that individuals of later generations 'were never Italian').
• This retroactivity of the material right — not just procedural deadlines — has spurred constitutional challenges and submissions to the Sezioni Unite and Corte Costituzionale. Those seeking recognition should be aware that the issue is not merely whether the request was filed before or after a cutoff date, but also whether the person still holds the material right they would have at birth.
• In the Tribunale di Venezia case (filed in 2024), the decision granted the request and art. 3‑bis was not applied to the concrete case; this aligns with the protection provided for proceedings started before the decree took effect. This does not mean, however, that future decisions or applicants of different generations cannot be affected by the material scope of the decree.

Practical steps — documents and next steps

• Gather in-chain civil registry certificates (birth, marriage, deaths) linking the applicant to the ancestor born in Italy; ensure Italian and foreign documents are properly translated and apostilled/validated as needed.
• Collect evidence that the ancestor did not naturalize in the host country and that there was no renunciation of Italian citizenship (naturalization certificates, administrative records, attestations).
• If you reside in Brazil and encounter consular difficulties, consider pursuing judicial action in the competent territorial court (usually the Tribunale corresponding to the comune of birth of the ancestor). Remember that after the Tajani Decree, the consular route is substantially more restricted (practically limited to children and grandchildren), and retroactive material concerns may affect recognition for later generations, regardless of deadlines.
• Consult a specialist attorney in Italian citizenship to organize the documentary evidence, assess the timing of your request relative to the Tajani Decree (filed before or after the decree's entry into force), and analyze the concrete likelihood of success, considering the sensitive issue of material retroactivity. Related topics and updates are in Notícias da Itália and Vida na Itália.

Conclusion The sentence n. 19424/2026 of the Tribunale di Venezia reinforces that recognition of Italian citizenship iure sanguinis remains possible through the judicial route when documentation proves the line of descent and the ancestor’s lack of naturalization—particularly in cases filed before the Tajani Decree came into force. However, it is essential to be fully aware of the changes introduced by the Tajani Decree (DL 36/2025, conv. L. 74/2025): the decree substantially restricted the consular path (in practice, to children and grandchildren) and raised questions about the material retroactivity that could extinguish the right for certain people born abroad. According to the decision text published by Diritto Pratico, the claimant’s request was granted based on the documentary evidence presented (https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19424.html#eb9f1).