Venice Court Recognizes Iure Sanguinis Citizenship in Italy

The Venice Court — Specialized Section for Immigration — welcomed the request for recognition of Italian citizenship iure sanguinis in judgment no. 17775/2026, published on 29/09/2026, in a case brought by Kelen Raquel Golart Pazini in her own name and on behalf of her minor child, according to the text of the decision published by Diritto Pratico.

Summary of the decision (sentenza n. 17775/2026)

• The case was brought by Kelen Raquel Golart Pazini, who requested the judicial recognition of Italian citizenship for herself and for her minor child based on the citizenship of an ancestor born in Italy.
• The administration did not appear in the proceedings — there was contumacy — and the Public Prosecutor expressed themselves without opposition ("visto nulla opponendo"), according to the decision text published by Diritto Pratico. Source: Diritto Pratico — https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/17775.html#1ad64.
• After evaluating the presented evidence and the transmission line of citizenship, the Court granted the requested recognition of the applicants' citizenship.

Essential legal grounds

• The Court reaffirmed that citizenship iure sanguinis has an originating and permanent nature: the interested party must demonstrate the legal fact of origin acquisition (the birth of the citizen ancestor) and the line of transmission between generations.
• The Court emphasized that, if the administration alleges loss or interruption of the line (for example, by naturalization of the ancestor in another country), the burden of proof lies with the State — it is the administration's responsibility to demonstrate the interruptive act, i.e., a voluntary and conscious act of acquiring another citizenship that produced the loss, according to the evidentiary assessment of the case.
• The judgment also noted that the judicial route is legitimate even when there has been an administrative or consular attempt without resolution, with no automatic preclusion solely due to a lack of response from the consulate, according to the grounds in the judgment. Source: Diritto Pratico — link above.

What this means in practice for Brazilian families

• The decision confirms that descendants of Italians who did not receive an administrative or consular response can pursue direct judicial recognition in Italy as a viable path.
• Documentary proof is decisive: birth, marriage, and death certificates of the Italian ancestor and the transmission links must be gathered, with translations and necessary legalization. Well-organized and authenticated Italian certificates and Brazilian documents increase the chances of success.
• If the State asserts that the ancestor lost citizenship through naturalization in the host country, the burden of proving this loss falls on the administration — the applicant does not have to negative-prove naturalization.
• Judicial recognition, when confirmed, creates a permanent citizenship status that can be recorded in the Italian civil registry, paving the way for enrollment in AIRE and the issuance of a passport after final judgment and transcription of the sentence.

Deadlines and practical steps after the judgment

• The judgment was published on 29/09/2026; as in any Italian civil/administrative proceeding, there are legal deadlines for potential appeal by the administration. The contumacy makes an immediate appeal less likely, but the judgment becomes fully operative only after the final ruling or after the execution measures ordered by the judge.
• After the final judgment, the practical step is to request the transcription of the sentence in the competent Italian comune so that the birth/citizenship register is drawn up. Only then can the applicants formally apply for enrollment in AIRE and the issuance of documents such as the passport.
• It is advisable to keep authenticated copies of all evidence presented in the process and to monitor deadlines and execution actions with the lawyer who handled the case to ensure correct registry notation and the issuance of documents.

Sources and final notes

• Cited decision: Tribunale di Venezia, sentence no. 17775/2026, published 29/09/2026 — according to the decision text published by Diritto Pratico: https://apps.dirittopratico.it/sentenze.html?c=https://apps.dirittopratico.it/sentenza/tribunale/venezia/2026/17775.html#1ad64.
• The sentence concerns the facts and evidence specific to the case. Each iure sanguinis recognition request depends on concrete documentation (dates, naturalization acts, civil records) and individual circumstances.
• The decision reinforces precedents that place the burden on the administration to prove the loss of citizenship of the emigrant and confirms the judicial route as a legitimate path when consular or administrative requests are unresolved.

Conclusion: the sentence n. 17775/2026 of the Tribunale di Venezia is another favorable decision for judicial recognition of Italian citizenship by descent, noting that each case requires document review and procedural follow-up. For general information on the topic, also see the Cidadania Italiana page and other Notícias da Itália and guidance on Vida na Itália.