Marco Gattuso, judge of the Court of Bologna and member of the Democratic Judiciary, is widely recognized for his progressive positions in defense of LGBTQIA+ rights and those of other minorities.
Constant figure at events of the Democratic Party (PD), Gattuso has already participated in important debates, such as the one in September 2011 entitled “Gay and lesbian, judges and legislators”, and the National Festival of Dems in 2018, for example, where he discussed “A Europe of rights for a renewed party”.
However, his recent decision to question the recognition of Italian citizenship for Italian descendants from distant generations contrasts sharply with his history of advocating for inclusion and universal rights.
After all, who is Marco Gattuso?
An openly gay man and a specialist in family law, Gattuso, 60, has built a career marked by defending sensitive issues, such as surrogate pregnancy (GPA), civil unions and the protection of children from same-sex families.
In recent years, Gattuso has worked in the specialized section of the Bologna Court, where he began to deal with cases related to immigration.
The decision that affects Italian-Brazilians
Despite his history of advocacy for inclusion, Gattuso recently referred a question to the Italian Constitutional Court about the validity of the jus sanguinis, a principle that guarantees Italian citizenship to descendants without generational limits.
The case involves 12 Brazilians who claim citizenship based on an Italian ancestor born in 1876.
For Gattuso, the absence of cultural, linguistic or traditional ties with Italy would be a valid argument for restricting this right.
In his decision (3080/2024, 26/11/2024), he stated: “The recognition of citizenship for millions of descendants without effective ties could alter the notion of 'Italian people' established by the Constitution".
The decision had a strong impact, especially in Brazil, where millions of Italian descendants keep Italian traditions alive.
The inconsistencies in Gattuso's decisions
Gattuso has advocated for more inclusive policies for immigrants and minorities in Europe, participating in events such as the congress “Immigration in Europe and Fundamental Rights”, In Rome.
However, when justifying the restriction on jus sanguinis based on weakened cultural ties, he seems to ignore the cultural richness of the Italian diaspora in countries like Brazil.
"It does not seem, in this sense, that the reference to a mere link of descent from one ancestor, among many, even if very distant, constitutes a sufficiently effective criterion.”, he said in a ruling against the Italian-Brazilians.
Why would a judge who positions himself as a defender of minorities and inclusion decide to restrict the citizenship rights of millions of Italian descendants?
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