A decision by Suprema Corte of Cassação of Itália, taken in August 2022, pacified the understanding about the great Brazilian naturalization of 1889. Ruling 25318/2022 ruled out the thesis that the Brazilian decree would have interrupted the transmission of Italian citizenship to descendants. The court considered that the renunciation of citizenship must be a voluntary and individual act.
The legal landscape has evolved since then. In 2025, the approval of Decreto Tajani, converted into Lei nº 74/2025, introduced article 3-bis into citizenship legislation. The rule brought limitations to the recognition of the right of people born abroad who already have another nationality. The text began to require closer ties with Itália in many cases.
Decisão of 2022 removes historic obstacle in processes
The ruling in Corte of Cassação analyzed cases in which Italian ancestors residing in Brasil would have been covered by the grand naturalization. The 1889 decree granted Brazilian citizenship to foreigners who lived in the country at the time of the proclamation of the República.
For years, some cases faced denial based on this point. The Italian court understood that automatic naturalization did not constitute a valid renunciation of original citizenship. The guidance has benefited thousands of applicants who faced this argument as a barrier.
- The rejected thesis considered automatic loss of Italian citizenship
- The court required proof of express and voluntary resignation
- The impact reached lines of descent with ancestors naturalized at the end of the 19th century
- The decision served as a reference in subsequent judgments
Essa position consolidated security for many Brazilians in search of recognition. The ruling did not change basic requirements for proof of descent, but it removed a recurring doubt in historical interpretation.
The volume of orders grew in the following years. Consulados Italians in Brasil registered a significant increase in interested parties. The step-by-step process continued to require rigorous organization of documents.
Lei of 2025 imposes new conditions on recognition
Lei nº 74/2025 modified Lei 91/1992 by including article 3-bis. The rule established additional criteria for recognizing iure sanguinis citizenship for adults born outside the Itália.
Entre the requirements are the presence of a first or second degree ascendant who maintained exclusively Italian citizenship at the relevant time. Outra condition involves the parent’s prior residence in Itália for at least two consecutive years before the birth of the child.
Processos filed by March 27, 2025 follows previous rules in many cases. Quem initiated the request then needs to comply with the new provisions. The text of the law seeks to balance the right to blood with effective ties to the country.
The application generated legal questions. Tribunais Italians began to analyze specific cases under the new standard. The debate included the possibility of retroactivity and the constitutionality of some points.
April 2026 Julgamento Analyzes Core Issues
On April 14, 2026, Sezioni Unite of Corte of Cassação examined topics such as the loss of citizenship by minor children in cases of naturalization of the parent and the temporal application of the 2025 law. The hearing took place in Roma and brought together discussions on the interpretation of the historic legislation of 1912.
Procuradoria-Geral presented a favorable position to descendants in some points. The trial dealt with jurisprudential contrasts and sought to standardize understanding. The final decision should still be published in the coming months.
The result can influence ongoing processes. Advogados follows the outcome to guide clients on practical impacts. The scenario remains one of transition, with favorable decisions coexisting with recent legislative restrictions.
Documentação demands attention at every step
The path to recognition of Italian citizenship maintains well-defined stages, regardless of legal changes. The preparation of the papers continues as a decisive phase for the success of the request.
The first action involves assembling the complete family tree. It is necessary to gather birth, marriage and death certificates from the entire line, from the Italian ancestor to the applicant. Qualquer error in name, date or location requires judicial rectification in Brasil before proceeding.
Depois comes the sworn translation into Italian and the apostille by Convenção of Haia. Original documents and translated versions receive the seal that validates international use.
- Montagem of the family tree with all descendant links
- Correção of divergences in Brazilian notary offices
- Tradução by sworn professional
- Apostila of Haia in each role
- Escolha enter via consular route at Brasil or process at Itália
The consular route is usually more economical, but waiting lines can exceed a decade at some stations. The alternative in Itália includes residence in the country for the administrative route or representation by a lawyer in the judicial process, which traditionally lasts between one and three years.
Organizing files reduces the risk of rejection. Especialistas recommend checking the compatibility of names and dates before filing any request. The process requires patience and precision amid regulatory updates.
Vias access varies depending on the applicant’s profile
Quem chooses Itália can take up temporary residence and submit the application directly to a municipality. Essa route speeds up deadlines compared to crowded Brazilian consulates. The judicial route allows action even without living in the country, through a power of attorney to a local lawyer.
The costs involve translation, apostille, fees and consular or court fees. The total time varies depending on the complexity of the line of descent and the volume of processes in the chosen body.
The Italian passport, once obtained, opens access to rights at União Europeia. The document facilitates travel, study and work in the block. Muitos Brazilians see citizenship as an opportunity to connect with family origins and for international mobility.
The current framework combines judicial advances from 2022 with limitations introduced in 2025. Quem plans to start the process and must consult a specialized professional to evaluate the specific case in light of the rules in force. Well-prepared documentation remains a common element in all available paths.
