In a historic decision published on May 12, 2026 (Ruling 13818/2026), the Corte di Cassazione reaffirmed that Italian citizenship by blood right, or ius sanguinis, is an “absolute subjective right of constitutional relevance,” which accrues to the holder and is imprescriptible. The decision establishes a crucial legal counterpoint to the recent “Tajani Decree,” which imposed more restrictive criteria for recognizing descent.
The point of greatest impact for Brazilians is that the decision legitimized the judicial route to obtain citizenship. The Court decided that the interest in pursuing justice does not occur only when there is a formal denial by the State, but also when there are impediments, difficulties, or delays that prevent access to the administrative system — a scenario that describes the reality of thousands of descendants who face multi-year queues and scheduling failures at consulates in Brazil.
Furthermore, the new jurisprudence views citizenship as a right that the individual already possesses from birth, and not as a concession of the State, and administrative inefficiency cannot be an obstacle to its formal recognition, according to Gabriel Ezra Mizrahi, founder of Clube do Passaporte, a consultancy specialized in European citizenship and migration planning,
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According to experts, the decision legally shields judicial proceedings, ensuring that the Italian judiciary continues to be the safe path for those seeking their rights in the face of saturation of consular services.
“This ruling was important for Brazilians because it states that all descendants who could not have their nationality recognized due to administrative failure by the State can have it recognized judicially. Given the ineffectiveness of the Brazilian Consulates, which are currently processing applications from 2015, and the rights of Italian-descendants already obstructed even before the Tajani Decree, all Brazilians, without exception, can use the judicial route to recognize this right,” assesses the expert, adding that “it is a victory for the Italian nationality process for Italian-descendants.”
Read more: Court maintains restrictions on Italian citizenship and concerns over changes in interpretation
Important detail
The Court of Cassation holds the final word in the interpretation of ordinary law. But in the Italian legal system, only the Constitutional Court, similar to the Brazilian Supreme Federal Court, can give the final word on the matter. Yet, although the Constitutional Court is not bound by Cassation decisions, it can observe the interpretation that Cassation makes of Italian laws. For this reason, many experts assess that this legal turn signals that any political attempt to restrict access to citizenship will encounter a barrier in the country’s highest civil instances.
For the time being, for the thousands of descendants with ready documents or ongoing proceedings, the ruling will serve as a new hope.
