Venice Court Recognizes Ius Sanguinis Citizenship (18776/2026)

Tribunale di Venezia reconheceu, em sentença favorável, a cidadania italiana por descendência (iure sanguinis) a um grupo de requerentes que ajuizaram ação em 2024; a decisão (sent. n. 18776/2026) foi publicada em 12/10/2026 e determina o reconhecimento do status de cidadão com base na Lei n. 91/1992, sem aplicação do Decreto Tajani (L. 36/2025 – Lei 74/2025) por ter o processo sido protocolado antes da vigência da norma.

Summary of the decision — Tribunale di Venezia, sentence 18776/2026

• The case was heard by the Tribunale di Venezia, sentence n. 18776/2026, published on 12/10/2026; the process was filed in 2024 and lasted about 33 months, according to the decision text published by Diritto Pratico (link below).
• It involved a collective request for recognition of Italian citizenship iure sanguinis by descendants of an ancestor born on 08/09/1880. The defendant, the competent Ministry, was in default and did not appear; the Public Prosecutor did not oppose.
• The judge granted the request, recognizing the status of Italian citizens based on Law no. 91/1992. The Court did not apply Law no. 74/2025 (Tajani Decree / DL 36/2025) because the appeal was filed before the law took effect (28/03/2025).
• Source: according to the decision text published by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18776.html#97bb6

Relevant legal grounds — Italian citizenship and ius sanguinis

• The Court applied Law 91/1992 and the principle of ius sanguinis: it is sufficient to prove filiations to the ancestor who was an Italian citizen at the time the line of succession began.
• On the burden of proof, the Court confirmed that applicants must demonstrate the acquiring fact (certificates proving the ancestor’s birth and the continuity of the transmission). If the administration raises interruptive causes (e.g., naturalization of the ancestor), the burden to prove those facts falls on the administration.
• Jurisdiction for the judgment was fixed in the Venice Court due to the grandfather’s place of birth, under rules updated by L. 206/2021 (arts. 36-37).
• It was also noted that a consular administrative proceeding, when present, is not a precondition to filing a lawsuit: even if the consulate has administrative deadlines (see next section), the judicial route remains open.

"Documentary proof of filiation and the lack of demonstrated interruptive causes by the administration were decisive for recognition," per the decision text published by Diritto Pratico.

What this means in practice for Brazilian families

• The decision reinforces that descendants can pursue recognition directly in court, without waiting for an administrative decision at the consulate, which matters for those facing consular delays. See also our guide on C citizenship.
• Important: petitions filed before 28/03/2025 were not affected by the application of L.74/2025 (Tajani Decree) in this concrete case, because the request was filed earlier; this protects the exercise of the substantive right for these petitions. The Tajani Decree, as experts note, restricts the administrative path and has retroactive effects that can imply loss of rights in some cases — but the judgment applied the law prior to the case. Readers interested in legislative context should see our pieces in Notícias da Itália.
• Documentation remains decisive: birth, marriage, and death certificates, emigration records, translations/appositions should form the complete chain of evidence. Without this chain, obtaining recognition is more difficult. See more practical resources in Cidadania Italiana.

Timelines and practical risks

• In the consular administrative route, the standard decision period is 730 days (when the administrative route is used).
• In the judicial sphere, there is no fixed deadline: cases can take years — the Venice case progressed for about 33 months. Applicants should anticipate time and legal costs.
• If the administration raises interruptive causes (e.g., prior naturalization of the ancestor), the administration bears the burden of proving the interruption; without proof, the court tends to recognize the right, as in this ruling.

Practical guidance for pursuing recognition

1. Gather complete certificates and translations/apostilles: birth, marriage, and death for each link up to the Italian ancestor.
2. Check your consular filing date: if filed before 28/03/2025, learn about the legal protection afforded to petitions filed before L.74/2025.
3. Consider the judicial route if the consulate is delaying beyond 730 days or if there is unjustified denial; the judicial action is valid and may result in permanent recognition.
4. Seek a specialized attorney and document all communications with the consulate and the Ministry; the Public Prosecutor may, as in this case, not oppose recognition. For guidance on a citizen’s life in Italy, see Vida na Itália.

Procedural timelines and conclusion

• Administrative consular deadline: 730 days (when applicable).
• Judicial deadline: variable — the Venice case lasted ~33 months.
• Primary risk: delays and costs; counterproof by the administration requires attention.

The Venice Court’s decision (sentence n. 18776/2026) confirms that, with proper documentary proof and a petition filed before 28/03/2025, it is possible to obtain recognition of Italian citizenship iure sanguinis through the judicial route, even after the restrictions introduced by the Tajani Decree. Source of the decision: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/18776.html#97bb6.