Tribunale di Venezia Recognizes Italian Citizenship by Jus Sanguinis

The Tribunale di Venezia, by the sentence no. 19691/2026 published on 26/10/2026, recognized the Italian citizenship iure sanguinis for the appellants who filed the action in 2024; the Ministry of the Interior did not appear and was declared contumace, according to the text of the decision published by Diritto Pratico. (source: Diritto Pratico)

Summary of the decision and procedure

The Tribunale di Venezia, in the sentence no. 19691/2026 (published on 26/10/2026), declared that the appellants are Italian citizens by descent (ius sanguinis). The action was filed in 2024 and proceeded for about 34 months until the final decision; the Ministry of the Interior did not present a defense and was declared contumace, as indicated in the text of the sentence published by Diritto Pratico.

The court applied specific procedural rules: it accepted jurisdiction based on art. 9, co. 2, c.p.c. and considered the territorial competence of the Court of the place of birth of the Italian grandfather, in line with the modification introduced by Law n. 206/2021 (arts. 36–37), in force since 22/06/2022. The action was brought under art. 281‑undecies c.p.c.; the in‑person hearing was replaced by written notes pursuant to art. 127‑ter c.p.c., a procedure already widely used in citizenship disputes.

Decreto Tajani (DL 36/2025, converted into Law 74/2025) — provides restrictions to the consular and administrative route; the application of this decree is analyzed separately by the decision.

Source: according to the text of the decision published by Diritto Pratico.

Main legal grounds

The Tribunal based its recognition on Law no. 91/1992, which provides that anyone born of a parent who is an Italian citizen is an Italian citizen by birth. The Court analyzed the documentary evidence presented and concluded that the transmission chain of citizenship from the Italian ancestor was demonstrated.

As for proof, it was the appellants’ burden to demonstrate:

• the birth of the Italian ancestor (the grandfather, born on 1 May 1880 in ###, as indicated in the judgment);
• civil status acts linking each link in the chain (births, marriages, deaths) up to the applicants.

The Court emphasized that the burden to contest the authenticity of these documents rested with the resisting parties — in this case, absent — which reinforced the probative value of the certificates provided.

Regarding the Decreto Tajani (DL 36/2025, converted into Law 74/2025): the Court understood that the subsequent rule does not apply to this case because the process was filed in 2024, i.e., before the decree took effect (28/03/2025). Thus, cases started earlier remain governed by the legal regime in force at the time of filing, in accordance with the conversion law provisions and jurisprudence on temporal effects of norms.

Source: text of the decision published by Diritto Pratico.

What changes in practice for Brazilian families

In practice, the ruling confirms that descendants — including second, third, and fourth generation — can obtain judicial recognition of Italian citizenship when they document the link to the ancestor born in Italy. The judicial recognition produced in the decision effects of status attribution: the citizenship relationship is permanent and does not prescribe, and may be requested at any time upon proof of the factual basis.

Case law and the territorial competence modification (Law 206/2021) facilitate filing actions at the Tribunal of the place of birth of the Italian ancestor, a measure that benefits applicants residing abroad — applicable since 22/06/2022. For Brazilians living outside Italy, this means the judicial route can be pursued directly at the appropriate court in Italy without needing to register at the comune.

For general guidance on documents and steps, see the section on Cittadinanza Italiana of Raízes Italianas.

Procedural consequences and practical recommendations

The Tribunal clarified that pursuing an administrative route is not a precondition: the judge can hear the judicial claim on constitutional principles (art. 24 Costituzione) and the consolidated jurisprudence of the Corte di Cassazione on the jurisdictional protection of the right to citizenship.

Practical recommendations drawn from the decision and courtroom practice:

• gather birth, marriage, and death certificates of the Italian ancestor and each link in the transmission chain;
• provide official translations and apostille/legalization as required by Italian authorities;
• include original Italian civil records of the ancestor when available (ufficial civil records);
• engage a lawyer with experience in iure sanguinis citizenship cases, preferably practicing in the jurisdiction of the competent court;
• act early to preserve documents and testimony, given the possible duration of the process (in this case, ~34 months).

Although citizenship does not prescribe, managing evidentiary timeline and trial proceedings is crucial to avoid undue delays. For content about the lives of those who obtain recognition and practical effects in Italy, see Vida na Itália and updates in Notícias da Itália.

Sources and references

Sentence Tribunale di Venezia no. 19691/2026, published on 26/10/2026; case filed in 2024. The decision text consulted and published by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19691.html#17c92

Note: names of the parties were kept anonimized in the sentence (parties indicated by ###), as per the decision.

Conclusion: the decision of the Tribunale di Venezia reaffirms that the judicial path remains open for recognition of Italian citizenship by descent when constitutive legal facts are proven, and confirms the application of the legal regime in force at the time of filing — a particularly relevant point in light of restrictions introduced by Decreto Tajani (DL 36/2025, converted into L. 74/2025).