Venice Court Recognizes Jure Sanguinis Citizenship

Meta description: Venice Court (ruling 20173/2026) recognizes citizenship by descent, applying rules in effect before the Tajani reform/Law 74/2025.

The Venice Court of Appeals recognized Italian citizenship by jure sanguinis to descendants of a Italian woman, applying the pre-reform regime known as Decreto Tajani (DL 36/2025, converted into Law 74/2025). The decision, no. 20173/2026, was published on 10/29/2026; according to the decision text published by Diritto Pratico, the process was decided in a monocratic composition with the Ministry not appearing (contumace).

Decision summary — Venice Court, Italian citizenship, and jure sanguinis

• Decision no. 20173/2026, Venice Court, published on 10/29/2026; docketing session on 10/26/2026; process decided in monocratic composition, with the Public Prosecutor reviewing the file and the Ministry in contumace, per the text made available by Diritto Pratico.
• The applicants requested recognition of Italian citizenship jure sanguinis through the maternal line. According to the decision published by Diritto Pratico, the Court found that the case was filed before 23:59 on 03/27/2025, and therefore applied the rules and jurisprudence in force prior to Law 74/2025 (Art. 1 L.91/1992 and constitutional interpretations).
• Based on the certificates and documents submitted, the Court concluded that the Italian ancestor had not naturalized as Brazilian, with no automatic loss of citizenship in that case, and authorized recognition of jure sanguinis transmission to the descendants.
• The Court examined the historical issue of the loss of citizenship foreseen in L.555/1912 and reaffirmed the application of constitutional Court interpretation (for example, decision no. 30/1983) in matters of transmission through the maternal line when the factual and legal conditions are proven.

Why the case is relevant — Tajani Decree (DL 36/2025) and Law 74/2025

• The 2025 reform (known as Decreto Tajani, DL 36/2025, converted into L.74/2025) introduced substantial restrictions. The decree includes a procedural transitional rule with a cutoff date of 03/27/2025 at 23:59; formally instituted cases before that moment may, per the text of the law, be decided under the prior regime.
• Important: beyond the procedural rule, the decree states effects on the material right to transmission of citizenship to further generations (for example, people born outside Italy who are not children or grandchildren of Italians). In other words, the rule retroactively affects the “jure sanguinis” right for certain generations — a highly controversial legal issue that extends beyond mere protection of ongoing cases.
• The Venice Court considered that the applicants filed the case before the temporal cutoff, applying the previous rules on citizenship transmission to the case at hand. Cases filed after the cutoff may encounter the new limitations of L.74/2025 and, in many cases, may have to pursue the judicial route when possible; furthermore, the consular and administrative paths were targeted by reforms (see implications section below).

Historical context and essential legal basis

• The prior law (L.555/1912) contained provisions that historically resulted in gender-based inequalities in citizenship transmission and provided mechanisms for loss in certain circumstances. Among the controversial points is the rule known as “minor issue”: Article 12, §2 of L.555/1912 disciplines the automatic loss of citizenship for minor children when the father naturalizes abroad. Another aspect involved loss of citizenship for married women to foreigners under earlier legal regimes; these matters were the subject of constitutional and jurisprudential interpretations.
• The Constitutional Court, notably in decision no. 30/1983, declared aspects of L.555/1912 unconstitutional for violating the principle of equality (Art. 3) and set parameters that opened the path to recognize maternal-line transmission in various situations. Practical application of this jurisprudence typically requires documentary evidence and case-by-case evaluation, especially when family events occurred before 1948.
• In the Venezia case, although family events traced to births and marriages before 1948, the Court applied the constitutional interpretation and the documentary evidence presented to recognize transmission jure sanguinis via the mother.

"The prior regime applies to processes filed up to 03/27/2025 at 23:59, per the transitional rule of L.74/2025." — procedural basis cited by the Court, according to the decision text published by Diritto Pratico.

What this means in practice for Brazilian families

• Favorable decision: descendants whose Italian ancestor did not naturalize may have a right to jure sanguinis citizenship, including when the maternal line goes back to births before 1948, provided the process was started before the reform’s cutoff and, when applicable, there is a favorable judicial decision consolidating the right.
• Current limitations on administrative/consular avenues: after DL 36/2025 / L.74/2025 there were meaningful practical changes:
  • Consular route: reform restricted the scope of consular action for direct recognition, effectively limiting it to children and grandchildren (i.e., great-grandchildren and later generations cannot rely on the consular route for automatic recognition under the same conditions as before).
  • Administrative/municipal route: self-management of jure sanguinis requests by municipalities and administrative procedures for foreigners residing was significantly affected by the reform and, in most cases, ceased to be a viable path for autonomous recognition in municipalities after the decree.
• Therefore, the main viable route for many applicants — especially great-grandchildren and later generations not covered by consular restrictions — remains the judicial route, when there is a basis for it. Additionally, the material retroactivity declared by the decree means that merely having Italian ancestry is not sufficient for all cases: the law now deprives certain people of a right that would otherwise be claimable under jure sanguinis.
• Essential evidentiary documents: birth and marriage certificates, certificate of non-naturalization or other document proving that the ancestor did not acquire foreign citizenship, along with petitions and documents filed before the 03/27/2025 cutoff where applicable. In the Venice case, the absence of Brazilian naturalization was a decisive element.
• Practical recommendation: seek specialized legal counsel. Pay close attention to the restrictions introduced by L.74/2025: do not automatically assume the consular or administrative path remains applicable without confirming, on a case-by-case basis, whether these paths still apply. When a case was filed before the legal cutoff, procedural protections are provided by the law itself; however, there are important concerns about material retroactivity that require detailed legal analysis.

Procedural notes and reference

• The Ministry did not appear at the act (contumace); the Public Prosecutor reviewed the file; the case was decided in a docketing session on 10/26/2026 and the ruling published on 10/29/2026.
• Source of the decision: according to the decision text published by Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20173.html#7547b
• The transcription provided preserves the anonymity of the parties; this article also maintains that anonymity.

Conclusion: decision no. 20173/2026 of the Venice Court reaffirms that, in the specific case, processes filed before the deadline set by the 2025 reform could be decided under the prior regime, enabling recognition of Italian citizenship jure sanguinis through the maternal line when the ancestor’s non-naturalization is proven. However, it is essential to highlight that DL 36/2025 / L.74/2025 introduced significant restrictions — including limits on consular and administrative pathways — and declares effects that reach the material right of transmission for certain generations; therefore, each case requires specialized legal assessment.

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