What is the Italian citizenship court case?
The court case is the route through which descendants of Italians can obtain recognition of Italian citizenship by filing a lawsuit directly before the courts in Italy. It is the fastest alternative to the consulate queue, which can take more than 10 years in Brazil.
Under the principle of ius sanguinis (right of blood), every descendant of an Italian is entitled to citizenship, regardless of the generation. The court case secures this right within an average of 18 to 24 months.
Why choose the judicial route?
Judicial Route
- Timeline: 18-24 months
- No consulate queue
- No generation limit
- Includes the whole family
Consulate Route
- Timeline: 10-15+ years
- Depends on getting an appointment
- Subject to jurisdiction
- Individual application
The 3 stages of the court case
Stage 1 — Documents and Genealogy
The first stage involves complete genealogical research, from your Italian ancestor down to you. You need to gather full-text (long-form) birth, marriage and death certificates for the entire line.
Brazilian documents must bear a Hague Convention apostille and be translated into Italian by a sworn translator. You also need to obtain the Certificate of No Naturalization (CNN) from Brazil's Ministry of Justice.
Stage 2 — Court Phase in Italy
Once all the documents are ready, the lawyer files the lawsuit with the competent court in Italy. The case is brought against the Comune (municipality) where the ancestor was born or against the Ministero dell'Interno.
The lawyer attends the hearings, files the pleadings and awaits the final judgment. The average time to judgment is 18 to 24 months, depending on the court.
Stage 3 — Transcription and Issuance of Documents
After a favorable judgment becomes final, it is sent to the competent Comune to be transcribed into the Italian civil registers. Once transcribed, you can request your Italian birth certificate and then your Italian passport.
Required documents
- Birth certificate of the Italian ancestor
- Certificates for the entire line (birth, marriage, death)
- CNN — Certificate of No Naturalization
- Hague apostille on all documents
- Sworn translation into Italian
- Specific power of attorney for the lawyer in Italy
How much does the court case cost?
The cost varies according to the complexity of the case, the number of applicants and the court. Costs include legal fees, court fees, translation and apostille. At Dias&Dias, we offer a free analysis of your case with a transparent quote and no surprises.
Next steps
If you are a descendant of Italians and want to obtain your citizenship through the judicial route, the first step is a free consultation with our team. We will review your documents and recommend the best path.