Tribunale di Venezia Confirms Citizenship by Jus Sanguinis

The Tribunale di Venezia issued a favorable decision recognizing Italian citizenship by jus sanguinis for descendants of an ancestor born on 28/07/1871 in sentence no. 17731/2026, published on 28/09/2026, in a case registered under R.G. 6685/2025, after approximately 21 months of proceedings, according to the text of the decision published by Diritto Pratico.

Summary of the decision — Tribunale di Venezia, sentence 17731/2026

The Tribunale di Venezia granted the requests filed by several applicants seeking recognition of Italian citizenship by jus sanguinis by descent from an ancestor born on 28/07/1871. The case, filed in 2025 (R.G. 6685/2025), lasted about 21 months; the minister (defendant) remained in default, while the Public Prosecutor’s Office provided an opinion. The court declared the applicants’ status as Italian citizens and ordered the necessary entries and transcriptions in the competent civil registers, as stated in the sentence text published by Diritto Pratico. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/17731.html#f8d04.

Legal grounds used — Italian citizenship and jus sanguinis

The judge examined the chain of hereditary succession in light of Italian law, in particular the Civil Code, Law 555/1912, and Law no. 91/1992, reaffirming that citizenship by descent is originarily acquired and historically deemed imprescriptible, and can be recognized judicially through documentary proof of transmission. The decision highlighted that the administration’s default (the absence of defense by the Ministry) did not prevent the merits review; the lack of contest was recorded in the case file and the court proceeded with evidentiary assessment.

"The Court declared the existence of the right to Italian citizenship for the applicants and ordered the registration formalities," as stated in the sentence text published by Diritto Pratico.

What this decision means in practical terms for Brazilian families

• The ruling confirms that Italian courts continue to recognize, in court, requests for citizenship by descent when the documentary chain is satisfactory.
• Important: although citizenship by jus sanguinis has traditionally been treated as 'imprescriptible', the Tajani Decree (DL 36/2025, converted into Law 74/2025) introduced relevant limits and declared retroactive material effects for certain births abroad. This means that the practical application of the imprescriptibility principle has been affected for people who are not children or grandchildren of Italians, per the decree text and the controversy over its material retroactivity. Therefore, one cannot assert, without proper qualifications, that every applicant continues to have an absolute and timeless right to recognition.
• The judicial path remains available, but its practical effectiveness may depend on new legal provisions and the interpretation of higher courts. For ongoing processes and rights, it is essential to check the filing date: cases filed BEFORE the Tajani Decree’s effective date are protected by the decree’s own text.
• After the Tajani Decree, the consular route became restricted to children and grandchildren; additionally, the possibility of administrative recognition directly by the Comune was significantly reduced in most cases. These points make specialized legal counsel and a case-by-case analysis even more important.

For general reading on the topic and paths to recognition, see our page on Cittadinanza Italiana.

Evidence, timelines, and practical effects after the ruling

• Central evidence in the case consisted of birth, marriage, and death certificates of the ancestor and linking successors; naturalization records in the receiving country were also valued where present, to demonstrate no formal renunciation of Italian citizenship.
• In the ruling, the court ordered the competent Ministry and the Ufficio dello Stato Civile to proceed with the registrations, transcriptions, and annotations of citizenship in local civil and demographic registers and to inform the competent consulates, as specified in the decision’s dispositive.
• Practical note: since Decree 36/2025, most Municipalities no longer perform administrative recognition for foreigners seeking jus sanguinis recognition autonomously; therefore, the administrative steps after transcription/annotation should be clarified with the Comune or the competent consulate and with legal assistance if needed. After transcription, where applicable, interested parties may request Italian documents (e.g., carta d'identità and passport) under current rules and procedures and the instructions of the competent authorities.

For practical impacts and subsequent procedures, also see our articles in Vida na Itália and in Notícias da Itália.

Impact for those who already have cases or plan to file

• Administrative processes at the consulate that are stalled can, in many cases, be supplemented with a favorable judicial decision; the court ruling usually constitutes strong evidence for registration. However, it is essential to distinguish the filing date: cases started before the Tajani Decree’s effective date are expressly protected by the decree’s text.
• The decision serves as a practical precedent within the Tribunale di Venezia and can be presented in other Italian jurisdictions, but rulings of individual courts do not have a uniform binding effect on the entire judicial system. For binding jurisprudence, the interpretation of the Sezioni Unite of the Corte di Cassazione is required, whose interpretation has binding authority over other judges.
• Given the documentary complexity, the restrictions introduced by the Tajani Decree, and the possibility of material retroactive effects on rights, it is recommended to seek specialized legal counsel to assess the chances of the specific case and to organize the evidence, as well as to determine the most appropriate procedural path.

Final notes and sources

The sentence 17731/2026 was published on 28/09/2026 and is available in the Diritto Pratico decision database: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/17731.html#f8d04. Personal names of the parties were preserved according to the case content, which presents anonymized parties in the original. For general information about procedures and rights, see our section Cittadinanza Italiana.

The decision of Tribunale di Venezia reinforces that the judicial route remains a concrete pathway for recognition of citizenship by descent when documentary proof is sufficient and administrative or consular recognition does not materialize; however, in light of the Tajani Decree and its material retroactivity, it is essential to evaluate each case under the new rules and the filing date of the administrative or judicial request.