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Citizenship

Italian citizenship: Court orders immediate transcription of civil documents of Brazilian family.

The Paola court orders the municipality to transcribe the birth certificates of Italian-Brazilians already recognized as Italian citizens.

The Court of Paola, in Calabria, has ruled that the municipality of San Lucido must immediately transcribe the birth and marriage certificates of an Italian-Brazilian family already recognized as Italian citizens by the Court of Catanzaro.

The Municipality of San Lucido must transcribe the civil documents of the Italian-Brazilian family recognized as Italian.
The Municipality of San Lucido must transcribe the civil documents of the Italian-Brazilian family recognized as Italian.

The collegial decision, dated October 24, 2025, responds to a request submitted in May of this year by lawyers Valerio Piccolo and Andrew Montone, after the municipality failed to comply, for months, with a previous final and unappealable judgment.

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Judge Filippo Leonardo, president of the panel, emphasized that the recognition of citizenship had already been confirmed by the courts in September 2024, and that the municipality, even after being notified through... pec (certified email) in March 2025, remained inactive. Faced with this omission, the court ordered mandatory judicial compliance and declared the municipality to be in contempt of court..

According to the decision, "having verified the legal requirements, the Municipality of San Lucido must be ordered to proceed with the transcription of the birth and marriage certificates of the applicants, as well as their minor child." The procedural expenses were offset between the parties, with no award of costs.

Attorney Montone, who handles similar cases, highlighted that the process was "fast," with approximately five months between filing and the final decision—excluding the court recess period in August.

The Paola Court ordered the Municipality of San Lucido to comply with the decision and acknowledged that the municipality had not responded to the proceedings.
The Paola Court ordered the municipality of San Lucido to comply with the decision and acknowledged that the municipality had not responded to the proceedings.

In a note to the ItalianismHe observed:

"It's always important to analyze the specific case and the municipality. Each municipality has its own structure and workload. When there is a disproportionate delay that compromises a final judgment, it is up to the lawyer to take appropriate measures, always after attempts at a voluntary solution. Only as a last resort—" ultima ratio "— one resorts to the court."

The Court also ruled that the decision should be communicated to the Public Prosecutor's Office and the civil registrar for immediate execution. This case reinforces the jurisprudence regarding the duty of local administrations to give effect to judgments recognizing Italian citizenship. swear sanguinis.

Cases like this have been recurring in Italy.

The best-known example comes from Val di Zoldo, in the province of Belluno, Veneto region, where the media-savvy and activist mayor Camillo De Pellegrin, known for his opposition to the recognition of Italian citizenship by descent, has been the target of frequent lawsuits. due to the unjustified delay in transcribing certificates originating from judgments that have already become final.

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