Special Cases
There are also particular, and in some ways problematic, cases of the acquisition of citizenship by iure sanguinis.
Although today it can be said to be definitively outdated we report, for the sake of completeness, the issue related to the so-called great Brazilian naturalization of 1889-1891, according to which Italians present in Brazilian territory on the date of 15.11.1889 would have obtained automatic Brazilian naturalization unless they made an express declaration to retain their Italian citizenship of origin. Failure to communicate within six months of the enactment of the naturalization measure would have caused those concerned to lose their Italian citizenship and prevented transmission to their descendants. Therefore, this circumstance would constitute an obstructive, or rather interruptive, factor with regard to the transmission of citizenship iure sanguinis.
The aforementioned argument was used by the Ministry, in its defense arguments, in order to argue the interruption of the transmission of citizenship in the case of applicants specifically due to naturalization of the ascendant. According to this reconstruction, the child of the parent subject to the so-called great Brazilian naturalization would not have acquired Italian citizenship iure sanguinis if the naturalization of the father had occurred at a time prior to his birth.
Recently, the courts have ruled that: “the right to citizenship, personal and absolute, which can be lost only by virtue of a voluntary and explicit renunciation; in other words, from the negative fact of not exercising the renunciation of Brazilian citizenship cannot derive the automatic loss of Italian citizenship. In this sense, Article 8 of L.555/1912, which emphasizes that the renunciation of citizenship must be substantiated by a conscious and voluntary act, can be considered to be in line with the Civil Code of 1865. In conclusion, considering the genealogy evidence provided here, the existence of the right claimed by the applicants can be affirmed” (Trib. Roma, ord. del 25/02/2020 – RG n. 39713/2018; Trib. Roma, ord. del 23/04/2020 – RG n. 12781/2019).
Somewhat problematic situations of citizenship recognition, for which you are advised to contact us, are the following:
– possible loss of citizenship under the provisions of the Civil Code of 1865;
– sons and/or daughters born outside of marriage;
– naturalization of the ancestor during the minor age of the child;