the deputy Luis Roberto Lorenzato He formally requested an explanation from the justice and immigration authorities regarding the Italian State's conduct on "Grand Naturalization."
The theme haunts Italian-Brazilians who seek recognition of Italian citizenship through the Court of Rome.
Action against queues is a fair way to avoid queues at Italian consulates, which can last up to 15 years.
In his mission to appeal the unsuccessful convictions, and thus avoid embezzlement from the public treasury, the lawyer for the Italian State has increasingly spoken out.
The “avvocatura” claims that the Italians who were in Brazil in the period from November 15, 1889 lost their Italian nationality and acquired Brazilian nationality.
The argument is weak, but it causes delays and, in some cases, additional costs for citizens seeking confirmation of Italian citizenship.
“I questioned the President of the Council of Ministers, the Minister of Foreign Affairs, the Minister of the Interior, and the Minister of Justice (all Italians) to understand why they tend to appeal the decisions of the Court of Rome in favor of those who were born Italian by descent,” said the member of the Italian Parliament. Lorenzato, via note.
What is the Great Naturalization
The “Great Naturalization” was a measure adopted in Brazil in 1889, shortly after the proclamation of the Republic.
At the time, the provisional government of Manuel Deodoro da Fonseca determined that every foreigner currently living in Brazilian territory would be automatically naturalized as a citizen, “unless a declaration to the contrary is made to the respective municipality, within six months of the publication of this decree”.
Brazilian naturalization was imposed
Few immigrants were aware of this mandatory naturalization. In theory, the immigrants became Brazilian nationals.
But the Corte di Cassazione de Napole – the second instance of Italian justice – already overcame the issue in 1907, understanding that the lack of a declaration contrary to the acceptance of Brazilian nationality was not only ineffective in proving the renunciation of nationality of origin, but also violated freedom of choice.
“The Brazilian decree does not offer nationality to foreigners, but imposes it. In any case, according to the Italian (civil) code, the request for nationality must be a voluntary act of the individual,” said Francesco Crispi, Prime Minister of the Kingdom of Italy, on October 4, 1890.
Italy only began to recognize dual citizenship in 1912.
Sentences favorable to Italian-Brazilians
The first sentence that overturned the Italian State lawyer’s thesis on “Grand Naturalization” was in February 2020.
On that occasion, judge Cecilia Pratesi, in Ordinary Court of Rome, ruled: “It must be emphasized that the rule in question was not welcomed by foreign countries whose citizens had massively emigrated to Brazil and, with regard to Italy, it was considered inapplicable by jurisprudence”.
In the sentence, she mentioned that “in no case can the laws of a foreign country” “derogate from the prohibitive laws of the Kingdom (of Italy) and which concern persons, properties and actions”.
Despite the numerous sentences contrary to the thesis of “Grand Naturalization“, the lawyer for the Italian State, out of sheer stubbornness, continues to defend his thesis.
