Tribunale di Venezia decides on citizenship recognition

Meta description: Judgment from the Venice Court (11/06/2026) on recognition by descent confirms jurisdiction and applies L.91/1992 to a case filed in 2024.

The judgment of the Tribunale di Venezia, published on 11/06/2026 (sentenza n. 20705/2026), dealt with a request for recognition of Italian citizenship by descent and set criteria for jurisdiction and the application of the law in force at the time of filing. The process was filed in 2024. According to the decision text published by Diritto Pratico, the court found the matter ready for judgment, but the available excerpt does not provide the explicit final dispositive, which is why the outcome is indicated as partial. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20705.html#8a761

Decision summary — Tribunale di Venezia, Italian citizenship

• Judgment: Tribunale di Venezia, sentenza n. 20705/2026, published on 06/11/2026. Process filed in 2024; the publicly available publication does not verifiably specify the exact duration in months.
• Request: recognition of cittadinia italiana jure sanguinis in favor of applicants who claimed descent from a grandfather born in Italy, who emigrated and never renounced citizenship nor naturalized as Brazilian.
• Defense: the Ministry (convenuto) was duly summoned, did not appear, and was declared contumace; the court found the case ready for judgment.
• Jurisdiction: the court confirmed its jurisdiction (Sezione specialized in immigration) based on the norm referred to in the decision text (referred to as norma n. 206/2021, commi 36 e 37), which shifts jurisdiction to the forum of the birthplace of the ascendant for proceedings started after 22/06/2022 — according to the partial ruling’s reasoning.
• Applicable law: the court evaluated the merit under Law n. 91/1992, since the action was filed in 2024. It should be noted that the text of the DL/Law introducing later changes contains express rules about protection for actions filed before its effective date; this protection is relevant to determine the applicable law in each case.
• Note: the published text is partial and does not include the final dispositive; therefore the outcome is recorded as partial per the available document. (Source: Diritto Pratico)

Cited legal grounds — jurisdiction and merit

• Jurisdiction: the court based its authority on the normative provision (referred to in the text as norma n. 206/2021 with commi 36 and 37) that, for residents abroad, shifts jurisdiction to the court of the place of birth of the ascendant (father/mother/grandfather) for actions started from 22/06/2022. This reflects the reasoning in the decision’s published excerpt; consult the specific legal text for exact confirmation.

  “dislocazione della competenza al foro del luogo di nascita dell’ascendente per i procedimenti iniziati a partire dal 22/06/2022” — interpretative excerpt of the decision’s rationale, per the published text.

What this means in practice for Brazilian families

• Protection of the old law: for actions filed before the effective date of L.74/2025, the regime of L.91/1992 applies, as indicated by the partial judgment’s rationale and the DL/Law provisions. It is crucial to read the text of the DL/Law to understand the specific protection provided for previously filed cases.
• Jurisdiction by ascendant’s birthplace: descendants residing abroad should note that actions may proceed in the forum of the birthplace of the Italian ascendant, per the rationale cited in the partial ruling; verify the applicable norm and confirm territorially with your attorney.
• Absence of the Ministry: the Ministry’s non-appearance can simplify procedural steps, but it does not guarantee automatic victory — the judge evaluates whether the evidence proves the legal requirements.
• Duration of the process: the available document does not allow a verifiable exact duration in months. The publication notes only that the case was filed in 2024 and the judgment was issued on 11/06/2026; any calculation of duration should be sourced or treated with caution.

Effect of the Tajani Decree / L.74/2025 in the decision context

• Temporal application: the decision emphasizes that because the case was filed before the L.74/2025 effective date (conversion of DL 36/2025, known as the Tajani Decree), the court assessed merit under the previous regime (L.91/1992). Additionally, the DL/Law text contains explicit rules about protection for actions filed before its entry into force — essential for interpreting the temporal scope of the changes.
• Importance of filing moment: distinguishing cases started before or after L.74/2025 is central; later cases may be analyzed under the new regime that restricted administrative and consular pathways. Note: L.74/2025 and DL 36/2025 implemented changes that, broadly speaking, restricted recognition via consular channels (with important limitations for more distant generations, such as great-grandchildren) and administrative routes within communities — direct reading of the legal text and consultation with an attorney are advised to assess concrete effects in each case.
• Practical recommendations: Brazilians who have not yet filed should carefully assess, with legal assistance, the timing of filing — each situation requires individual analysis, given that L.74/2025 substantially altered rules on recognition by descent.

What to check if you have a similar case

• Filing date: confirm whether the process was filed before or after L.74/2025, as this defines the applicable law. Also review the DL/Law provisions on protection of previously filed cases.
• Ascendant’s birthplace: verify if the competent forum could be the court of the ascendant’s birthplace in Italy.
• Proving documentation: gather Italian and foreign certificates, documents confirming the line of descent, and proof that the ascendant did not naturalize abroad.
• Ministry status: even if the Ministry does not appear, present robust evidence; consult a lawyer specialized in Italian citizenship and immigration law in Italy to guide on procedural strategy.

To read the partial decision text and the cited legal foundations in the case, consult the document published by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/20705.html#8a761

Conclusion: the Tribunale di Venezia’s judgment (11/06/2026) reinforces that filing date is a relevant element for determining the law applicable to citizenship recognition by descent — cases filed before L.74/2025 may be analyzed under L.91/1992, with protection provided in the text of the DL/Law — and that for descendants abroad, jurisdiction may be fixed by the ascendant’s birthplace, which is relevant when preparing a legal action. Visit /cidadania and /vida-na-italia for general information and /noticias for other updates on the topic.