Venice Court Recognizes Right to Citizenship by Jure Sanguinis
Venice Court, ruling no. 19778/2026: recognition of citizenship by jure sanguinis; judicial competence and temporal scope of Law 74/2025 explained for Brazilian families.

O Tribunale di Venezia (Sezione Specializzata in materia di immigrazione) recognized the right to cittadinanza italiana iure sanguinis in a favorable judgment published on 27/10/2026, in the case registered under the R.G. 14982/2024. According to the decision text published by Diritto Pratico, the sentenza n. 19778/2026 accepted the applicants' request and declared applicable the regime of Lei 91/1992, excluding the application of Lei 74/2025 for being later than the filing of the appeal. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19778.html#41632
Summary of the decision — Italian citizenship, Tribunale di Venezia, sentenza n. 19778/2026
- The action was filed in 2024 (R.G. 14982/2024) by applicants who invoked transmission of citizenship by descent from a grandfather born in a comune in the Province of Venice, a circumstance that conferred competence to the local court.
- The Administration (Ministry of the Interior or its representation) did not appear in the proceedings (default). After the evidentiary phase and the presentation of note scritte, the judge issued a verdict recognizing the citizenship right sought by the appellants.
- The Court applied Lei 91/1992 — the traditional regime for acquiring iure sanguinis — and found that Lei 74/2025 (conversion of D.L. 36/2025) did not apply to the case because the appeal was filed before the entry into force of that law. The decision and its text are available through Diritto Pratico, as cited above.
Competence and processing time — Tribunale di Venezia and judicial procedures
- Competence was attributed to the Tribunale di Venezia based on the rules governing matters for residents abroad, in particular the modifications introduced by norm n. 206/2021, which shifts competency based on the comune of birth of the Italian ancestor when the applicant resides outside Italy.
- The process lasted approximately 34 months: filed in 2024 and verdict published on 27/10/2026. This timeframe illustrates that judicial actions can take years to reach a final decision.
- For candidates residing in Brazil, it is essential to check which Italian court would hear the action according to the comune of birth of the ascendant. Practical information about the procedure and documentary preparation can be found on our pages about Cittadinanza Italiana and in Vida na Itália.
Relevant legal grounds — application of Lei 91/1992 and temporal scope of Lei 74/2025
- The Tribunal reaffirmed that cittadinanza iure sanguinis — under Lei 91/1992 and historical norms such as the Codice Civile and Lei 555/1912 — is a property and status right that rests on proof of filiation and the transmission line.
- It was up to the applicants to demonstrate the acquisite fact: birth of the Italian ancestor and continuity of the lineage. In the absence of constituting the Administration, the burden of proving potential loss or renunciation of citizenship would fall on the public entity, not on the applicant.
- The Tribunal declared that Lei 74/2025 did not apply to the concrete case because the appeal (atto introduttivo) was filed before the law came into force (28/03/2025). Thus, the judgment followed the legal regime in effect at the date of filing the appeal, maintaining the application of Lei 91/1992 to the merits of the action.
"La legge 74/2025 non si applica ratione temporis al presente giudizio, atteso che l'atto introduttivo è stato depositato anteriormente all'entrata in vigore della norma" — clause as per the decision text published by Diritto Pratico.
What this means in practice for Brazilian families — impact on filed applications and new cases
- For those who already filed a court action in Italy before 28/03/2025, this decision reinforces that the process remains governed by Lei 91/1992, preserving the prior legal framework against the immediate application of the restrictions introduced by Lei 74/2025 (conversion of D.L. 36/2025). Practically, documentary proof of the descent line remains central to the request.
- For new requests filed from 28/03/2025 onward, it is necessary to verify the concrete effects of Lei 74/2025 on procedural requirements, competence, and potential access limitations through the consular or administrative route — issues that have changed the landscape since 2025. See our updates in Notícias da Itália and the section on Cittadinanza Italiana.
- The example also shows that litigations can take years (this case about 34 months). Planning for legal assistance and complete documentation is essential to avoid delays and to strengthen the evidence.
Care and next steps recommended — evidence, documentation and procedural strategy
- Gather essential certificates: birth, marriage, and death certificates of the ancestors, both Italian and foreign, with translations and legalization/apostille as required. The decision highlighted the centrality of documentary proof.
- Note that when the Administration does not appear in the proceedings (default), the likelihood of favorable outcome increases if the line of descent is demonstrated documentarily.
- Assess, with an Italian citizenship attorney, the impact of Lei 74/2025 on still-unfiled requests and on any strategy to protect rights established by prior procedural acts before 28/03/2025.
- For practical guidance on requirements and documents, see our guides in Cittadinanza Italiana and updates in Notícias da Itália.
Conclusion The sentenza n. 19778/2026 of the Tribunale di Venezia confirms the judicial recognition of the right to citizenship iure sanguinis for applicants with cases filed in 2024, applying Lei 91/1992 and dismissing the application of Lei 74/2025 for temporal reasons. The decision underscores the importance of documentary evidence and reminds that legal proceedings can take years — for Brazilian families, the temporary protection rule for acts filed before 28/03/2025 is a key factor in procedural strategy. Principal source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19778.html#41632.



