Brescia Court Recognizes Italian Citizenship Up to the Fifth Generation
A historic decision by the Brescia Court in March 2026 brought relief to thousands of Italian descendants who feared losing their citizenship rights due to Decreto Tajani restrictions. Judge Andrea Tinelli recognized Italian citizenship jure sanguinis for a complete Brazilian family, from grandchild to the fifth generation, including great-grandchildren and great-great-grandchildren.
The ruling, dated March 27, 2026, determined that the Interior Ministry and civil registry officials must proceed with the registration of all applicants "from the grandchild to the fifth generation of the family," establishing an important precedent for similar cases. This decision was originally reported by italianismo.com.br, a portal specializing in Italian citizenship.
Case Details and Legal Foundations
The case involved descendants of an immigrant born in Caravaggio in 1887, who never renounced Italian nationality before becoming a naturalized Brazilian. The responsible attorneys, Alfiero Costantini and Ana Paula Bezerra Santos, successfully demonstrated the continuity of the bloodline through proper historical documentation.
The court based its decision on Article 3-bis of Law 91/1992, introduced by Decree-Law 36/2025 (known as Decreto Tajani, later converted into Law 74/2025). According to Judge Tinelli's interpretation, "birth abroad is a fact that does not possess the power to extinguish the transmission of hereditary right," contradicting the two-generation limitation imposed by the new legislation.
Principle of Status Equality
The decision prioritized the principle of status equality, establishing that once Italian bloodline is proven, descendants are considered Italian from birth (dalla nascita). This interpretation reinforces the traditional concept of jure sanguinis, which has always been the pillar of Italian citizenship by descent.
Impacts of Decreto Tajani and Law 74/2025
Decreto Tajani had introduced a controversial limitation, restricting recognition of Italian citizenship jure sanguinis to only two generations after the Italian ancestor. This measure caused concern among thousands of Brazilian descendants, especially great-grandchildren and great-great-grandchildren of Italian immigrants.
The Brescia decision demonstrates that Italian courts are not automatically applying these restrictions, maintaining a broader interpretation of hereditary rights. It's important to note that the Interior Ministry was declared in default in the process (did not appear), but still has the right to appeal the decision.
Constitutional Court Status
It's worth noting that the Italian Constitutional Court decision on the constitutionality of Decreto Tajani is still pending. This final decision could definitively determine the direction of Italian citizenship by descent, potentially validating or nullifying the restrictions imposed by Law 74/2025.
Importance of Historical Documentation
The success of this case reinforces the crucial importance of obtaining complete and accurate historical documentation for Italian citizenship processes. The benefited family was able to prove the entire lineage from the ancestor born in 1887, demonstrating that he never renounced Italian nationality.
For descendants seeking Italian citizenship, it's essential to gather birth, marriage, and death certificates for all links in the genealogical chain. Registro Italiano offers specialized tools to locate these historical documents in Italian archives, facilitating the process assembly.
Procedural Strategies
The decision also highlights the importance of a well-founded legal strategy. The case attorneys knew how to correctly interpret current legislation, prioritizing constitutional principles over administrative limitations. For complex cases involving multiple generations, it's recommended to seek specialized legal guidance through available genealogical research services.
Prospects for Other Processes
This Brescia Court decision establishes a favorable precedent for other descendants in the same situation. Although each case is analyzed individually, the legal argumentation used can be replicated in similar processes, especially when there's robust documentation proving Italian lineage.
Italian descendants who fall into the third generation or beyond should consider this decision as an incentive to proceed with their processes, even amid uncertainties created by Decreto Tajani. Italian jurisprudence continues evolving, and decisions like this demonstrate that the right to jure sanguinis remains protected by the courts.
If you're an Italian descendant and need to locate historical documents to prove your lineage, use Registro Italiano's research tools to begin your search in Italian archives. For more complex cases or specific questions about your process, contact our specialized team.
