The Rome Court delivered a historic decision this Friday (17) recognizing the right to Italian citizenship for minors, even after the restrictions imposed by the new Law No. 74/2025. The ruling benefits the Brazilian Flamini family and represents the first known victory of this type in the Italian capital. The case reverses the legal uncertainty caused by Tajani Decreewhich limits the transmission of citizenship jure sanguinis.
The decision was obtained by the lawyers. Salvatore Pinò e Andrea FerreiraRome now joins at least 10 other Italian courts that have decided to protect the rights of minors in ongoing legal proceedings. The judge in the case accepted the so-called intervention act, which allowed the inclusion of minor children in the lawsuit that the parents had already filed against the Ministry of the Interior.
The sentence and constitutional protection
In her reasoning, the judge emphasized that the new Italian rules cannot prejudice pending situations. The ruling states that the new legislation imposes "a constitutionally oriented interpretation of the transitional discipline, suitable for safeguarding the pending situations of minors."
The court understood that, since the main proceedings were initiated under the previous law, the inclusion of the minors is a legally valid event. "The determination of the prerequisites for the recognition of citizenship produced in the main judgment generates the same effects in favor of the intervening minors," the judge noted in a passage from the ruling.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
Understand the act of intervention.
The act of intervention (acto di interventoThis legal instrument enabled this victory. It allows a person to join a process that is already underway, without having to start a new action from scratch. In the case of citizenship, minor children "piggyback" on their parents' process.
This strategy was crucial to overcome the restrictions of Law 74/2025The courts in Rome have confirmed that if parents have a guaranteed right, then children involved in the process should also receive the same recognition.
