For years, obtaining Italian citizenship directly in municipalities attracted Brazilians seeking speed. The promise was clear: a passport in record time. However, what seemed like an easy process became the target of a definitive decision by the Italian Supreme Court, which classified fictitious residency as a serious crime of falsifying documents. Judgment 882/2026, from the Court of Cassation, was released last week., confirms that the absence of habitual residence — actual residence — invalidates the citizenship recognition process.
The lawyer Andrew Montone He explains that the decision directly affects practices that ignored the applicant's actual presence. mansion It's a matter of fact, not of paperwork. Administrative recognition of citizenship does not create an acquired right when it is based on illegality or fraud,” warns the expert.
Real housing is an essential requirement.
The Court was clear in rejecting the argument that a declaration of presence, made by foreigners upon entering Italy, fulfills the requirement of effective residency. "The defense's argument confuses two aspects that must be kept clearly distinct: the legal status of the foreigner in Italian territory and the registration with the land registry," the ruling states.
"The declaration of presence regularizes the stay, demonstrating that the foreigner is in Italian territory, but it does not replace the obligation to..." habitual residence for civil registration purposes. The officiale d'anagrafe "It is necessary to prove that the applicant actually resides in the Comune," Montone explains.
This point reinforces the seriousness of cases like that of Terni and Brusciano, where public servants were convicted of registering citizens in the civil registry who never resided at the location. “When an agent declares a non-existent fact as true, such as the habitual residence"The main victim is the Italian State. Collective trust in state actions is violated," Montone states.
Legal risk even without fraud?
One of the main questions raised is whether the decision affects people who spent little time in the Comune, but who effectively resided there. According to Montone, the time frame is not defined by law: “There is no fixed time clause. It is an open clause, filled in by criteria such as continuity of presence, occupancy of the property, and the possibility of inspection.”
"The time of mansion "It is not defined by law as a rigid minimum term. It is an indeterminate legal concept, the concretization of which depends on the evaluation of the specific case," says Montone.
According to him, therefore, there is no fixed time clause (days, weeks or months), but rather an open clause, to be filled in according to objective elements, such as:
- the effective occupation of a property;
- the stability of permanence;
- the continuity of presence;
- the possibility of inspection and verification by the Comune;
- The consistency between the stated situation and the factual reality.
Asked if the public administration can review past actions, Montone replies: “The decision allows the public administration to review past actions based on the principle of self-regulation.” The case of Ospedaletto Lodigiano is an example cited by the lawyer: “There, many citizenships were canceled after the finding of a lack of oversight and real presence.”
Future impacts
The ruling does not criminalize expedited processes, but condemns fraudulent practices. "The mere completion of a process within a short timeframe does not, in itself, constitute illegality. What is essential is a concrete analysis of the case. It is the State's duty to punish illegal and fraudulent situations," says Montone.
According to the expert, people who have followed all the legal steps have nothing to fear. "If the procedure was carried out..." step by step"By respecting all the steps, there is no risk. But speed coupled with fraud comes at a high price."
The Supreme Court ruling sends a definitive warning: fictitious residence, besides having no legal effect, can constitute a crime. And the legal risk exists even... years after the recognition of citizenship.
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