Recognition of Italian citizenship can be proven with different means, in addition to the act of birth. This is what decided Supreme Court of Cassation, of Italy, in a judgment of May 22, 2024.
In the case, the Supreme CourtThe Italian court, the highest court in the country, clarified fundamental aspects regarding the proof of parentage necessary for the transmission of Italian citizenship. jure sanguinis (by right of blood).
The decision has a significant impact, By refuting the current restrictive administrative practice, it paves the way for descendants of Italians worldwide, especially in countries like Brazil, to use a variety of documents and evidence to obtain recognition of their Italian citizenship.
The case under analysis
The case involved a Brazilian citizen, descendant of an Italian who emigrated to Brazil in the late 19th century. Tizia (surname has been suppressed) He requested recognition of Italian citizenship by descent from the civil registry official of the Italian municipality.
The request was denied due to the absence of a Brazilian birth certificate for the ancestor born in 1895, that is, the son of the Italian. The civil status officer considered that other documents presented, such as the Brazilian baptismal certificate and the parents' marriage certificate, were not sufficient, since notary offices already existed in Brazil at that time.
The applicant initially appealed to the Venice Court and subsequently to the Venice Court of Appeal. Both courts upheld the civil status officer's decision based on the need for the birth certificate as indicated by the Circular K 28 1991 of interior Ministery Italian.
This circular lists the documents required for the recognition of Italian citizenship by descent, including the act of birth of each ascendant.
The decision of the Court of Cassation
The Court of Cassation annulled the decision of the Venice Court of Appeal, describing it as “objectively apodictic”, that is, evident. In the ruling, the court highlighted that the Italian legal system provides for a “multi-level system” of proving filiation, where the act of birth It's just the first level of proof.
In situations where the birth certificate is not available or does not comply with Italian law, It is possible to use other means of proof, as provided for in article 236, second paragraph, of the Italian Civil Code. This level of proof is “free form”, allowing the use of various means, including testimonial evidence.
O Ministry of Internal Affairs did not appeal and merely filed a form of attendance, for the purpose of possible participation in the discussion hearing.
Impact of the decision
In the decision of the Court of Cassation, it was established that other documents and evidence, such as acts of civil status (birth, marriage or death) or testimonial evidence, can be used to demonstrate filiation and, consequently, the transmission of Italian citizenship.
This is crucial not only for cases where the birth act is absent, but also for those where the birth act does not meet the formal requirements of the Italian system, especially in relation to the indication of paternity or maternity.
To Reginaldo Maia, of Blessed Citizenship, a consultancy company in Italian citizenship recognition processes, the decision opens up a new opportunity for applicants who have difficulty finding certificates of their ancestors.
“This decision makes proof more flexible when historical documentation does not comply with Italian standards. It ensures that descendants obtain recognition of Italian citizenship in a fairer and more accessible way”, he celebrates.
“We are very pleased with this progress, as it represents a victory for everyone who faces bureaucratic obstacles due to the absence or inadequacy of old records”, he concludes.
