O Italian Parliament approved this Tuesday, 20, the law that restricts the right to Italian citizenship by descent. The measure limits automatic recognition to children and grandchildren of Italians, provided they meet specific requirements. The rule, which transforms the decree of March 28 into law, is already in force.
The change affects thousands of Brazilians descended from Italian immigrants, mainly great-grandchildren and great-great-grandchildren, who no longer have the automatic right to nationality.
Will those who have already placed an order be affected?
No. The new law states that processes before March 28, 2025, whether in consulates, comunes or judicial proceedings, follow the previous rules. The new law does not have retroactive effect.
I already have Italian citizenship. Does this affect me?
No. The new law does not have retroactive effect. Anyone who has already had their Italian citizenship completed will not be affected. The acquired right is maintained.
Will citizenship by marriage be affected?
No. The new law only deals with citizenship by descent. There are no changes to the rules for naturalization by marriage to an Italian citizen.
What does the new law say?
Citizenship will only be recognized for children or grandchildren of Italians who meet at least one of the conditions below:
– The father, mother, grandfather or grandmother exclusively owned the Italian citizenship at the time of death or request;
– The father, mother or adoptive parents have lived in Italy for at least two consecutive years, after naturalization and before the birth or adoption of the child.
Why have consulates suspended appointments?
With the new law, Italian consulates in Brazil have stopped scheduling new requests. The request must be made through legal means, directly in Italy.
Why did the law change?
The Italian government argues that the volume of requests has grown beyond control. The passport Europeans are being treated as merchandise by private companies. The new rule aims to curb this misuse.
Who else will be affected?
Brazilians of Italian descent who arrived in the country between the end of the 19th century and the beginning of the 20th century, especially great-grandchildren and great-great-grandchildren, are among those most affected.
In 2023, more than 20 thousand citizenships were recognized in Brazil, according to the consulate from Italy in Rio de Janeiro — an increase of 40% compared to the previous year.
Can the law be overturned?
Yes. Legal experts point out possible unconstitutionalities, such as the violation of acquired rights and inequality between children of Italians born inside and outside Italy. The Supreme Court has already issued decisions favorable to Brazilian descendants in the past.
Is the new law considered unconstitutional?
Yes. Several legal experts point out that the rule may violate Italy's constitutional principles. Among the main arguments are:
- Inequality between descendants: The new law creates distinctions between children and grandchildren of Italians based on criteria such as place of birth or nationality of origin, which violates Article 3 of the Italian Constitution, which guarantees equality among citizens.
- Affront to identity and historical roots: By abruptly breaking the link between descendants and their Italian origin, the rule disregards the symbolic and identity value of citizenship, provided for in Articles 2 and 9.
- Indirect retroactivity: Although the law states that it does not affect previous requests, there are borderline cases, such as pending appointments or children not yet included, that may be impacted. This violates Article 25, paragraph 2, which prohibits retroactive effects of more restrictive rules.
- Lack of proportionality: Requiring the ascendant to have two years' prior residence in Italy or exclusive citizenship is seen as disproportionate, violating the principles of reasonableness (Article 3 combined with Article 16).
- Opposition to support for the diaspora: The Italian Constitution establishes, in Articles 35 and 48, the duty of the State to maintain ties with its citizens abroad. Mass restrictions go against this guideline.
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