On May 12, 2026, the Italian Court of Cassation published ruling 13818/2026, reaffirming that Italian citizenship by right of blood is an absolute subjective right — permanent, imprescriptible, and existing from birth, regardless of any formal state recognition.
The ruling came just 12 days after the Constitutional Court published Sentence 63/2026, validating the Tajani Decree (Law 74/2025) and imposing new restrictions on jus sanguinis citizenship. The result: two of Italy's highest courts moving in opposite directions within two weeks — and opening a meaningful legal window for those pursuing citizenship through the judicial route.
Two Courts, Two Directions
To understand what is at stake, it is essential to recognize that the two courts have distinct jurisdictions and do not directly nullify each other.
The Constitutional Court rules on whether a law violates the Italian Constitution. By validating the Tajani Decree in Sentence 63/2026, it stated: the legislature has the right to restrict jus sanguinis. Full stop. That does not change.
The Court of Cassation rules on how the law is applied in concrete cases. With ruling 13818/2026, it stated: even under the decree, citizenship is born with the person and cannot be retroactively extinguished by legislative maneuver. The role of consulates and courts is declaratory — they recognize a pre-existing right, they do not create it.
These are distinct domains. The Constitutional Court closed the substantive door. The Cassation opened a procedural window.
The Game-Changing Concept: Pregiudizio a Monte
Ruling 13818/2026 introduced into Italian jurisprudence a concept with immediate practical consequences: pregiudizio a monte.
The logic is this: if the State itself creates obstacles that make it impossible to even submit a request — such as the collapse of the Prenot@mi system, years-long consulate appointment queues, formal suspension of new citizenship interviews — this is legally equivalent to a formal denial.
The practical effect: descendants blocked by consular barriers can file a judicial action without first exhausting the administrative route. Screenshots of failed Prenot@mi attempts, unanswered emails, official suspension notices on consulate websites — all of this now constitutes sufficient evidence to bring a case before Italian courts.
The Arbitrator Has Not Yet Spoken: The Sezioni Unite
The conflict between the Cassation's position and the restrictions of the Tajani Decree does not yet have a definitive resolution. The arbitrator will be the Sezioni Unite della Cassazione — the unified chambers, the highest interpretive authority in Italian law, with binding force over all judges in the country.
When the Sezioni Unite rule, the picture will become clearer: either they consolidate the 13818/2026 position, broadening the judicial route, or they defer to the decree's restrictions, limiting admissible cases.
Until then, the scenario remains what legal experts have called a breathing corpse: the right to jus sanguinis is legally wounded by the decree's restrictions, but not dead. The Cassation is resisting on the basis of decades of Italian doctrine that does not dissolve easily.
A Realistic Assessment of the Chances
The judicial route is legitimate and real. But it requires an honest assessment:
In favor: The imprescriptibility argument carries deep historical and doctrinal weight in Italy — it is not merely jurisprudence, it is constitutional identity. The pregiudizio a monte concept gives attorneys concrete new arguments. Cases with solid documentation and complete genealogical proof have a real chance, especially those already in process before the decree.
Necessary caution: First-instance judges apply these principles inconsistently — some courts grant, others deny on identical arguments. Without the Sezioni Unite ruling, territorial jurisdiction influences outcomes. For those who have not yet started a process, waiting for the Sezioni Unite before investing is the most prudent path.
What Changes in Practice in 2026
Brazilian consulates currently have citizenship appointments suspended — the consular route simply does not exist as a real option for most descendants at this moment. The judicial route is the only active path.
What ruling 13818/2026 did was give specialized attorneys new arguments and a stronger procedural foundation for judicial cases — particularly for those who can document the impossibility of consular access, which for most Italian descendants in Brazil today is trivially demonstrable.
If you are in this process, the first step remains the same: impeccable documentation. Birth, marriage, and death certificates for all ancestors in the transmission line must be located, apostilled, and in order — the judicial route demands even greater rigor than the consular one.
Start with a search in the Italian historical records. Our platform holds over 4.5 million records that may be the starting point for locating your ancestors in their comune of origin. For guidance on the process, visit our services page or contact us.
Sources
Analysis based on: Italianismo, jurist Rui Badaró via Italianismo.
