Last Friday, March 28, 2025, the Italian government approved a change in the legislation on Italian citizenship by descent, limiting the right only to the children and grandchildren of Italians born in Italy. This decision could affect thousands of Brazilians of Italian descent who were planning to apply for citizenship. However, the new rule still needs to be voted on by Parliament to become final.
Context and Motivation for Change
Historically, Italian citizenship is based on the principle of Jus Sanguinis (right of blood), allowing Italian descendants, without a limit of generations, to request the recognition of citizenship. This policy resulted in a significant increase in requests for citizenship, especially from countries such as Brazil, Argentina, and the USA.
In recent years, the Italian government has begun to question the impact of this broad concession, claiming that many applicants no longer have effective ties with Italy and that the citizenship recognition system was overwhelmed. There are also concerns about potential fraud and the “commercialization” of Italian passports.
The proposed restriction is intended to limit automatic citizenship to only the children and grandchildren of Italians born in Italy, affecting those who claim recognition through great-grandparents or previous generations.
Parliamentary Approval Is Still Required
Although the measure took effect immediately, it still needs to be voted on by Parliament. If it is not appreciated within 60 days, the rule will cease to apply. The Parliament can also reject or approve it, with or without modifications, making it final.
Impact for Brazilians
Brazil has one of the largest communities of Italian descent in the world, with approximately 30 million Brazilians of Italian descent. Many planned to obtain citizenship to facilitate entry and permanence in the European Union.
With the new legislation, only those with at least one parent or grandparent born in Italy will be able to apply for citizenship automatically. This means that thousands of Brazilians who were entitled to recognition may lose that possibility.
What To Do Now?
For those impacted by the change, some alternatives may be considered:
- Monitor the proceedings before the Parliament: As the measure still needs to be voted on, there is a possibility of changes or revocation.
- Seek legal advice: Italian citizenship specialists can help assess individual rights and next steps. Our team of specialized lawyers can analyze your case and guide you on the best strategies.
- Consider other ways of residence in Italy: Work, study, or investment visas may be viable alternatives. If you wish to live in Italy, there are other immigration options. Contact Amorim Global to find out which one is best for you!
- Explore other European citizenship: Many Italian descendants are also of descent from other European countries and may seek more favorable alternatives. Our team can help you identify other citizenship possibilities. Consult us!
- Analyze the possibility of legal recourse: If the violation of acquired rights is proven, there may be room for legal challenge to the new rule.
Legal Issues and Contestation of the Measure
Some jurists argue that the new rule violates the principle of non-retroactivity, since it extinguishes acquired rights. The measure may also conflict with guarantees provided for in the Italian Constitution, especially in article 22, which protects the right to citizenship, and in the Universal Declaration of Human Rights, which enshrines the right to nationality in article 15.
This challenge may gain force in cases where there is evidence of concrete attempts to apply for citizenship before the implementation of the decree law, such as scheduling difficulties at consulates. In addition, previous Italian case law, as in the case of the Great Naturalization, reaffirms that citizenship is an imprescriptible right acquired at the time of birth, providing an additional basis for challenging the measure.
The main recommendation is that those impacted by this legislation seek specialized legal advice to assess the relevance of each individual case and explore available legal remedies to defend their rights.
Impact on the European Labor Market
The restriction may impact the Italian and European labor markets, as Italian citizenship was a gateway for descendants who wished to work in the European Union. With the limitation, sectors that relied on skilled immigrant labor may face challenges.
There is also the possibility that descendants may seek other forms of immigration, opting for countries with more flexible rules.
Conclusion
The change in Italian legislation represents a challenge for thousands of Brazilians of Italian descent. Although the measure is already in effect, its final approval still depends on the Parliament.
For those who intended to apply for citizenship, it is essential to seek information and legal assessment to identify possible alternatives. The decision also raises legal questions about acquired rights, which may lead to future challenges in court.
Follow the processing of the measure and consult with specialists to better understand the impacts and available alternatives.
