The rules for recognizing Italian citizenship have undergone important changes in recent years and continue to raise doubts among millions of descendants of Italians living in Brazil. With the entry into force of the so-called Tajani Law (Law No. 74/2025), the traditional principle of ius sanguinis, or right of blood, began to coexist with new limitations, such as the generational ceiling and the increased cost of procedures for interested parties.
The issue directly affects Brazil, which has the largest community of Italian descendants outside of Italy. According to figures from Istat (Italian National Institute of Statistics), around 32 million Brazilians have Italian ancestry.
Rafael Gianesini, CEO and co-founder of Cidadania4U, assesses that the changes constitute one of the most relevant transformations in the Italian citizenship recognition system in recent decades.
“We had the principle of transmission by ‘right of blood’, which since 1861 allowed citizenship to be passed from generation to generation without time limit. Now, the law restricts the recognition of citizenship only up to the second generation (grandchildren). Furthermore, when it comes to relatives of more than two generations, the right was made impossible in Italian Consulates and Communes”, he explains.
Generation limit and increased costs
The new rules came into effect immediately for descendants who had not yet formalized requests for recognition.
In addition to the generational barrier, the increase in administrative costs also gained prominence.
“As of January 1, 2025, the citizenship fee began to be charged by each individual applicant in the application, and no longer per operation. Thus, city halls and the Italian parliament itself instituted new fees, creating obstacles for descendants of economically disadvantaged countries”, adds Gianesini.
Experts believe that the process has become more expensive, especially for families that file collective requests with several relatives.
New requirements for minor children
The legislation also introduced specific changes for children of Italian citizens born outside Italy.
Under the new provisions, parents must observe certain deadlines and conditions to express their interest in transmitting citizenship to their children. If not complied with, automatic recognition may not occur.
In February this year, however, the Italian government extended the deadline for this type of recognition aimed at minors born abroad until May 31, 2029.
Another relevant change is the centralization of judicial processes in Rome. The measure concentrates actions linked to Italian citizenship in the capital and could overload the structure responsible for processing cases.
Italian court questions restrictions
Even with the rules in force, Italian jurists and courts record disagreements about the constitutionality of some points.
“The 1948 Constitution provides that new laws cannot harm rights already acquired or in development, in addition to guaranteeing equality between descendants. Therefore, Courts such as those in Venice and Brescia continue to pass rulings in favor of Brazilians, reaffirming that citizenship is an original and imprescriptible right, ignoring in certain cases the new limitations of the 2025 law”, says the expert.
The debate gained strength after the decision of the Italian Supreme Court of Cassation released in May.
Supreme Court decision changes scenario
On May 14, 2026, the Supreme Court of Cassation published sentence No. 13818/2026, seen by experts as a milestone for descendants seeking recognition of citizenship.
In the Court’s interpretation, Italian citizenship represents an absolute, permanent and imprescriptible subjective right from birth. The decision also criticized the administrative delay and the obstacles that applicants face at Italian consulates abroad.
According to the judges, excessive delays or difficulties in obtaining appointments may justify the immediate filing of actions for the recognition of the right.
“The scenario is one of legal uncertainty. While Law 74/2025 imposes the limit of two generations, the Italian judiciary (Constitutional Court and Ordinary Courts) continues to dispute the validity of these restrictions in light of constitutional principles. Furthermore, in order to have the necessary recognition, it is necessary to count on the support of professionals who understand Italian legislation and can structure a solid thesis that guarantees the rights of the descendant”, concludes Rafael Gianesini.