Venice Court Recognizes Italian Citizenship by Jus Sanguinis

The Venice Court, in ruling no. 19151/2026 published on 16/10/2026, recognized cidadania italiana iure sanguinis for a father and his minor children, declaring Law 91/1992 applicable and setting aside the impact of Law 74/2025 (DL 36/2025 converted), because the filing occurred before the decree came into force; the Ministry (the opposing party) did not appear in the proceedings, according to the text of the decision published by Diritto Pratico.

Summary of the decision — Tribunale di Venezia, sentence 19151/2026

• The Tribunale di Venezia issued a favorable decision recognizing citizenship by descent for the petitioners (the father and his minor children), in accordance with sentence 19151/2026, published on 16/10/2026.
• The court declared Law n. 91/1992 applicable to the case, since the request was filed before the effective date of Law 74/2025 (conversion of DL 36/2025), and therefore the new framework does not apply to that request.
• The opposing party, identified as the Ministero, remained contumacious (did not appear), as stated in the decision text. Source: per the decision text published by Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19151.html#3b509.

Main legal grounds — ius sanguinis and burden of proof

• The court grounded the recognition on the principle of ius sanguinis, as provided in art. 1 of legge 91/1992: a child is a citizen by birth if born to an Italian father or mother.

  “È cittadino per nascita il figlio, anche adottivo, del padre o della madre che è cittadino italiano.” (art. 1, legge 91/1992)

Jurisdiction and procedure — where and how the case was heard

• Subject matter jurisdiction: the case was heard in the Tribunale based on art. 9, co.2 c.p.c., as it concerns status (citizenship).
• Territorial jurisdiction: the Tribunale di Venezia declared its territorial competence due to the birth comune of the Italian ancestor, pursuant to changes introduced by Law 206/2021 (arts. 36-37), applicable since 22/06/2022.
• The judge stated that no prior administrative route is required before filing a judicial action for citizenship recognition; direct access to the judiciary remains available when appropriate.

Practical impact for Brazilian families — what the decision means

• Applications filed before 28/03/2025 are not subject to the changes brought by Law 74/2025 (conversion of DL 36/2025), per the understanding applied in this case; this is relevant for cases that were in progress at that date. (Note: Decree Tajani / DL 36/2025 and its conversion into Law 74/2025 restrict administrative and consular avenues; see /cidadania for context).
• To file a judicial action seeking recognition by ius sanguinis, it is enough to gather documents proving the birth of the Italian ancestor and the line of descent to the applicants; it is not necessary, initially, to prove the absence of naturalization by the ancestor, unless the administration or opposing party raises this circumstance.
• The decision reinforces that old foreign naturalizations (for example, acts from the 19th or 20th centuries in immigration countries) do not automatically determine the loss of Italian citizenship without proof of formal renunciation; the administration must prove the interrupting event alleged.

Practical steps — quick guidelines

• Gather complete birth, marriage, and death certificates of ancestors in the direct line to the Italian ancestor, along with the applicants’ certificates.
• If there is suspicion or claim of ancestor’s naturalization in the host country, attempt to obtain naturalization records; if the administration claims naturalization, the burden of proof will be on them.
• Consider filing a suit in the Tribunal of the comune of birth of the ancestor (e.g., Venice where applicable), assessing timelines and costs with a lawyer specialized in Italian citizenship. For general process guidance and potential pathways, also consult the sections on Cittadinanza Italiana and related topics in Notícias da Itália and Vita in Italia.

Conclusion The sentence n. 19151/2026 of the Tribunale di Venezia confirms that, in actions filed before the effective date of Law 74/2025, recognition of italian citizenship by jus sanguinis can be obtained under Law 91/1992, with evidence of filiations and without assuming automatic loss due to old naturalizations — as stated in the decision text published by Diritto Pratico. Primary source of the decision: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/19151.html#3b509.