Historic Rome Court decision on intervention act
In a decision dated April 17, 2026, the Rome Court made a determination that could significantly impact Italian citizenship recognition processes. The magistrate responsible for the case allowed minor children to join their father's citizenship judicial process through an intervention act, offering a practical alternative to the restrictions imposed by Law 74/2025.
The case involved the Brazilian Flamini family, represented by attorneys Salvatore Pinò and Andrea Ferreira, whose minor children were successfully included in an ongoing process filed by their father. This decision represents a constitutionally oriented interpretation of current legislation, recognizing that fundamental rights cannot be simply eliminated by subsequent legislative changes.
The importance of this decision transcends the specific case, as it establishes a precedent that could benefit thousands of Brazilian families and those from other countries facing the new restrictions imposed by Decreto Tajani, converted into Law 74/2025.
How the intervention act works in practice
The intervention act is a legal institute that allows a person to become a party in a judicial process already initiated by another party, when they have a legal interest in the case. In the context of Italian citizenship, it means that minor children can join their father's judicial process as interveners, sharing the same outcome of the main decision.
In practice, when the father obtains a favorable sentence recognizing his Italian citizenship, the intervening children are also automatically recognized as Italian citizens by the same judicial decision. This procedure effectively circumvents the restrictions imposed by Law 74/2025, which limited the consular route only to direct children and grandchildren of Italians.
The process requires specialized legal representation and must be requested during the main process proceedings, not being possible after the final judgment of the original sentence.
Understanding the 'minor issue' and Article 12 of Law 555/1912
The issue known as the 'minor issue' refers to Article 12, paragraph 2, of Law 555 of 1912, which established the automatic loss of Italian citizenship for minor children when their father naturalized in a foreign country. This historical norm affected generations of Italian descendants, especially in Brazil, where many immigrants naturalized in the first decades of the 20th century.
It is essential to understand that there is a significant legal difference between those who lost Italian citizenship due to their ancestor's naturalization (application of Art. 12) and those who were born with dual nationality after subsequent legislative reforms. Current judicial processes seek precisely to reverse these historical losses, recognizing that many of them were unjust or inappropriately applied.
The Rome Court's decision demonstrates a modern understanding of this issue, recognizing that citizenship rights cannot be eliminated retroactively without considering constitutional principles of protection for acquired rights.
Current context: judicial route as only alternative in 2026
With the changes implemented by Decree 36/2025 (converted into Law 74/2025), the Italian citizenship situation in 2026 presents a restrictive scenario. Italian consulates have drastically limited services for citizenship recognition, serving only direct children and grandchildren of Italians. Italian comunes, in turn, can no longer recognize citizenship for foreign residents seeking jure sanguinis autonomously without judicial process in most cases.
In this context, the judicial route has become the only effective alternative for great-grandchildren and subsequent generations to obtain recognition of their Italian citizenship. The judicial process allows challenging the restrictions imposed by the new legislation and seeking recognition based on original jure sanguinis transmission rights.
Other Italian courts have already adopted positions similar to the Rome Court, demonstrating a jurisprudential trend toward flexibility in interpreting the new legislative restrictions, especially when involving fundamental rights of minors.
Dialogue with the United Sections and future perspectives
The Rome Court's decision should be analyzed alongside the Sezioni Unite of the Corte di Cassazione ruling of April 14, 2026, which addressed exactly the same issues regarding retroactivity of the Decreto Tajani and the "minor issue" of Art. 12 §2 of Law 555/1912. Although the Sezioni Unitessation, which should address related questions about the retroactivity of Decreto Tajani. Although the United Sections have binding force for all Italian courts, there is still room for specific interpretations in particular cases, as demonstrated by the decision on the intervention act.
The trend observed in Italian courts points to a gradual flexibilization in the most restrictive interpretations of Law 74/2025, especially when cases involve minors' rights or situations that constitute violations of fundamental constitutional principles.
For families seeking Italian citizenship, it becomes essential to have specialized legal representation that understands both the nuances of the new legislation and the possibilities offered by the emerging jurisprudence of Italian courts.
Source and information credits
The information about this decision was based on reporting published by the Italianismo portal, a recognized source of specialized information on citizenship and Italian-Brazilian legal matters. The case involved lawyers specialized in Italian law who knew how to use appropriate procedural institutes to protect the rights of the minors involved.
It is important to highlight that jurisprudential developments like this reinforce the need for specialized professional guidance for families seeking Italian citizenship in 2026. Recent legislative changes require specific legal strategies and updated knowledge of Italian court jurisprudence.
For those looking to begin the Italian citizenship recognition process, the first step is to locate records of Italian ancestors. Our historical records search platform offers access to thousands of documents that can be fundamental to proving the transmission line. For specific guidance on your case, contact us and receive the necessary support to navigate the complexities of the current Italian citizenship scenario.
