Italian Citizenship by Descent: The Judicial Route via Brazilian and US Courts

Italian citizenship by descent — jure sanguinis, meaning "by right of blood" — is among the most sought-after European citizenships in the world. Historically, Italy permitted citizenship transmission through an unbroken line of Italian ancestry without generational limit, provided no ancestor in the chain naturalised in another country before the birth of the next generation. That long-standing principle was fundamentally curtailed in 2025: Decree-Law No. 36 of 28 March 2025, converted into Law No. 74/2025 (in force 24 May 2025), introduced for the first time a generational limit, so that automatic eligibility is now generally restricted to individuals with an Italian parent or grandparent, together with a "genuine link" framework. Applications and qualifying appointments lodged before 11:59pm Rome time on 27 March 2025 continue to be assessed under the old, unlimited-generation rules. The practical effect is that, going forward, many people with only great-grandparent or more remote Italian ancestry — including a large proportion of the Brazilian, Argentine and US diaspora who would previously have qualified — no longer have an automatic claim.

The obstacle, for many of them, is not the legal right but the process of claiming it. Italian consulates in countries with large Italian diaspora populations have become overwhelmed with jure sanguinis applications. In Brazil, where an estimated 25 to 35 million people may be eligible, waiting times at Italian consulates in major cities have in some cases exceeded ten years. In the United States, waiting times at some consulates are measured in years, not months.

The judicial route — filing a civil action directly with an Italian court — has emerged as a legal mechanism to claim Italian citizenship recognition without waiting in a consular queue. This guide explains how it works, its legal basis, the countries where it is most developed, and what applicants need to know.

The Legal Basis for the Judicial Route

Italian citizenship law (Law 91 of 1992, together with earlier legislation governing pre-1992 citizenship rights) provides that citizenship by descent is not granted by the Italian state — it exists automatically by operation of law. An Italian court can therefore be asked to declare that the plaintiff is an Italian citizen as a matter of law, without the court itself conferring anything.

The legal action is typically filed under Article 702-bis of the Italian Code of Civil Procedure as a simplified civil proceeding (procedimento sommario di cognizione), requesting a declaration (accertamento) of citizenship status. The court does not review the application in the sense of having discretion to approve or refuse — it is asked to determine whether the factual chain of descent, as proved by the documentary evidence presented, satisfies the legal requirements for citizenship by descent under Italian law.

This is a judicially recognised and well-established procedure. Italian courts — particularly those in Rome (Tribunale di Roma), where many foreign-claimant actions are filed because it is within the jurisdiction of applicants without a specific connection to another Italian court — have handled substantial volumes of these cases, particularly from Brazilian and American claimants.

Why the Judicial Route Is Faster in Practice

The consular queue delay arises from administrative bottlenecks: the volume of applications, the staffing constraints of individual consulates, and the processing backlog accumulated over years of high demand. The judicial route bypasses the consular queue by taking the citizenship determination out of the hands of the consulate entirely and placing it before a court.

Italian courts operate on their own docket schedules and, while they are not infinitely fast, have in many cases been able to resolve jure sanguinis declarations within two to four years from filing — materially faster than the ten-plus year wait at certain consulates. Once a court declaration is issued, the applicant registers on the basis of the court order, which has the same legal effect as a consular recognition.

It is important to note that Italian court timescales vary, have been subject to change, and are affected by procedural developments including the Italian government's responses to the judicial route. As of 2026, the Italian government has made several attempts to restrict or regulate the judicial route, and the legal and procedural landscape continues to evolve. Legal advice from a qualified Italian lawyer is essential before pursuing this route.

The Brazilian Judicial Route: How It Works

Brazil has the largest Italian diaspora community in the world outside Italy, and the judicial route has been most extensively developed there. Two models exist:

1. Proceedings in Italian Courts

A Brazilian claimant appoints an Italian lawyer and files a civil action at the Italian court with jurisdiction over the claimant's Italian-ancestor's place of origin (or in Rome if jurisdiction is not otherwise established). The Brazilian claimant does not personally need to appear in Italy — the proceedings are conducted by the Italian lawyer as the claimant's representative.

The proceedings require submission of the full documentary chain: Italian birth certificates, marriage certificates, naturalisation records (or evidence of absence of naturalisation), and authenticated translations. Because the proceedings are conducted in Italy under Italian procedure, documents must be apostilled and translated into Italian.

Timeline: As of 2026, Italian court proceedings for jure sanguinis declarations are running at approximately 2–4 years from filing, though this varies by court and may be affected by any government legislative response.

Costs: Legal fees for Italian proceedings are material — typically in the range of EUR 5,000 to EUR 15,000 or more depending on the complexity of the case, the number of applicants, and the law firm engaged. These costs should be budgeted in advance.

2. Proceedings via Brazilian Federal Courts (Homologation Route)

A distinct route that was developing in Brazil involved Brazilian federal courts homologating (recognising) Italian citizenship claims under Brazilian civil procedure, on the basis that the claimant's rights under Italian law could be judicially established in Brazil and then recognised by Italian authorities. This route has been subject to significant legal and political developments in both Brazil and Italy, and as of 2026 its status and effectiveness is in flux. Specialist advice is essential before relying on this route.

The United States Judicial Route

US-based Italian descent claimants have historically pursued the judicial route via Italian courts in the same manner as Brazilian claimants. The volume is lower than in Brazil, but the process is similar: engage an Italian lawyer, compile the documentary chain, file in the relevant Italian court, and obtain a declaration.

Some US-based Italian immigration lawyers have developed streamlined processes for jure sanguinis court filings, having handled multiple cases and built familiarity with the specific courts and procedural requirements. A good Italian-law practitioner experienced in this route will be able to advise on current court timescales and any procedural developments.

Documentary Requirements for the Judicial Route

The documentary requirements for the judicial route are the same as for the consular route — the court applies the same substantive citizenship law. What differs is the procedural framework and the identity of the decision-maker.

Core documents:

• Italian birth certificate of the qualifying Italian-born ancestor
• Marriage certificates for each generation in the chain (where applicable)
• Birth certificates for each generation in the chain
• Evidence that no ancestor in the chain naturalised in another country before the birth of the next qualifying generation (typically US naturalisation records from the National Archives, Brazilian Registro Civil records, etc.)
• Death certificates where relevant

All documents must be apostilled and translated into Italian by a certified translator.

The naturalisation issue. The chain is broken if the Italian ancestor naturalised in their destination country before the birth of the child through whom the descent flows. A woman-line claim (through a female Italian ancestor) may have additional complexity depending on the period — prior to a 1983 Italian Constitutional Court ruling, Italian women could not transmit citizenship in the same manner as men, and pre-1983 transmission through female lines requires a court claim rather than a consular one in most circumstances.

Government Responses and Legal Developments

After years of discussion — driven largely by the volume of applications from Brazil and Argentina — Italy enacted a fundamental restriction in 2025. Decree-Law No. 36 of 28 March 2025 was converted into Law No. 74/2025, in force from 24 May 2025. The key changes are:

• A generational limit: automatic jure sanguinis eligibility is now generally confined to applicants with an Italian parent or grandparent. More remote ancestry (great-grandparent and beyond) no longer confers an automatic claim, save under transitional rules.
• A "genuine link" / proximity framework replacing the previous indefinite-descent principle.
• Transitional protection for those who had already filed (or held a confirmed qualifying appointment) before 11:59pm Rome time on 27 March 2025 — these continue under the old rules.
• An alternative residence-based route under which descendants with an Italian parent or grandparent can naturalise after two years of legal residence in Italy.

The reform has been challenged on constitutional grounds, and its detailed application continues to be litigated and clarified. As a result, jure sanguinis has not been eliminated, but it is now materially narrower than before and the legal position remains in flux. Anyone considering Italian citizenship by descent — whether through the consular or judicial route — must take current Italian legal advice on whether they still qualify under Law 74/2025 and should monitor developments closely.

Choosing the Right Approach

The choice between the consular queue and the judicial route depends on:

Current consular wait time. If the consulate in your jurisdiction has a manageable queue (some consulates in lower-volume countries process jure sanguinis applications within one to two years), the consular route may be perfectly adequate. The judicial route is most compelling where consular waits are measured in many years.

Complexity of your chain. A straightforward male-line three-generation chain with complete documents may be processable by either route. A female-line claim, a claim involving a gap in documentation, or a claim requiring the court's interpretation of a specific legal question (such as whether a particular naturalisation event broke the chain) may be better suited to the judicial route where the decision-maker is a court with the authority to apply legal reasoning rather than a consulate applying administrative rules.

Budget. The judicial route involves lawyer fees that the consular route does not. This cost must be weighed against the value of time saved.

Risk tolerance. The judicial route has been subject to greater political and procedural uncertainty than the consular route. Applicants who need certainty and for whom time is less critical may prefer the established consular process.

How Global Investments Can Help

Global Investments advises clients on Italian citizenship by descent, including the judicial route. We introduce clients to qualified Italian-law practitioners with experience in jure sanguinis court proceedings, assist with documentary research and chain construction, and provide realistic assessments of the viability and timescale of each route given current conditions.

We monitor developments in Italian citizenship law and will advise clients promptly on any legislative changes that may affect their claim.

If you believe you have an Italian descent claim and wish to understand which route is most appropriate for your circumstances, please contact our team for a confidential assessment.

This guide is for general educational information only. Italian citizenship law and the procedural framework for court claims are subject to change. The judicial route involves complex Italian legal proceedings; qualified Italian legal representation is essential. Nothing in this guide constitutes legal advice.