Do you qualify?
- Does your case fall under one of the exceptions of article 3-bis: an application or appointment confirmed by 27 March 2025, a parent or grandparent with exclusively Italian citizenship, or a parent who lived two continuous years in Italy before your birth?
- If there is an Italian woman in your line, was her child born on or after 1 January 1948? Answer yes if there is no woman in the line.
- Do you have the Italian ancestor's Certidão Negativa de Naturalização, with Apostille and an apostilled sworn translation?
- Do you have the certificates of the whole line, from the Italian ancestor down to you, in long form (inteiro teor) and original second copy, translated and apostilled?
- Do you live in the district of the consulate where you will apply, and do you have recent proof of address?
Answer the questions to see where you stand.
A first check against the rules in this guide. The consulate checks your own case.
Key facts
- Rule
- Article 3-bis of Law 91/1992, added by DL 36/2025 and Law 74/2025 1
- Cut-off date of the old rule
- 23:59, Rome time, on 27 March 2025 1
- Constitutional Court ruling
- 63/2026, decided on 11 March and filed on 30 April 2026 2
- Question to the EU Court of Justice
- Ordinanza 147, of 23 July 2026, pending 3
- Consulate fee
- 600 euros per adult, not refunded if the application is refused 6
- Deadline for minor children already born on 24/05/2025
- Until 23:59, Rome time, on 31 May 2029 8
What Law 74/2025 changed
Until 2025, Italian citizenship passed from parents to children with no limit on generations 3. Decree-Law 36 of 28 March 2025, converted into Law 74 of 23 May 2025, added article 3-bis to Law 91/1992 4.
The new rule says that anyone born abroad, even before the new law, who holds another citizenship is considered never to have acquired Italian citizenship 1. For most Brazilians of Italian descent, this means recognition is only possible if one of the exceptions in the article applies.
The Consulate General in São Paulo sums up the change like this: the principle of transmission by blood remains, with limits based on how real the link with Italy is and on holding another citizenship 7.
Who still qualifies
Article 3-bis, paragraph 1, lists the exceptions 1:
| Letter | Condition |
|---|---|
| a) | Application with the required documents filed with the consulate or the comune by 23:59 (Rome time) on 27 March 2025 |
| a-bis) | Application filed on the day of an appointment that the office confirmed by 23:59 (Rome time) on 27 March 2025 |
| b) | Lawsuit filed by 23:59 (Rome time) on 27 March 2025 |
| c) | Parent or grandparent who holds, or held at death, exclusively Italian citizenship |
| d) | Parent or adoptive parent who lived in Italy for at least two continuous years after acquiring Italian citizenship and before your birth or adoption |
For letter c), the word "exclusively" matters: if your parent or grandparent also held Brazilian citizenship, that letter does not cover your line. Confirm the situation of each ancestor with a lawyer.
The Italian Ministry of Foreign Affairs gives examples of proof: for letter c), certificates showing no other citizenships, certificates of renunciation of foreign citizenships and certificates of no registration in foreign electoral rolls; for letter d), the historical residence certificate in Italy 4.
The Constitutional Court left open the situation of people who filed an application but had not received an appointment by the deadline 2.
Maternal line before 1948
The guide of the Consulate General in Curitiba recalls a restriction that predates Law 74/2025: through the administrative route, only children of an Italian woman born from 1 January 1948 qualify 6. The Italian Ministry of Foreign Affairs applies the same date, the day the Italian Constitution came into force 4. If there is a woman in your line and her child was born before that date, recognition can only be requested in court in Italy 6.
That court route is also subject to article 3-bis for lawsuits filed after 27 March 2025 1.
Applying at an Italian consulate in Brazil
Each consulate serves only people who live in its district. São Paulo serves SP, MT, MS, RO and AC 7; Curitiba serves Paraná and Santa Catarina 6. The São Paulo consulate warns that it does not recognise agencies, despachantes or intermediaries 7.
The 2026 guide of the Consulate in Curitiba shows what is requested 6:
- Fee: 600 euros per adult, paid in reais at the quarterly exchange rate, by PIX or TED, not refunded if the application is refused. Minors and people who died during the process are exempt.
- From the Italian ancestor: estratto dell'atto di nascita issued by the comune; Certidão Negativa de Naturalização from the Ministry of Justice, with Apostille and a sworn translation that is also apostilled; marriage and death certificates.
- From the whole line: birth, marriage, divorce and death certificates in long form (inteiro teor), original second copy, translated and apostilled.
- From the applicants: forms 7 and 8, an RG issued at most 10 years ago, proof of address issued at most 3 months ago and a family tree.
The 600 euro fee per adult is the same at every consulate, because it comes from the Italian consular fee schedule 4. The Curitiba guide states that the review ends within 730 days, and all communication is by email 6. The Consulate General in Buenos Aires already cites a maximum of 36 months, set by Law 11/2026 5: confirm the timeline with your consulate.
The guide asks for the Certidão Negativa de Naturalização to find out whether the Italian ancestor became a Brazilian citizen 6. This document can also serve for letter c), which requires exclusively Italian citizenship: the Ministry lists certificates showing no other citizenships among the accepted proof 4. Confirm with a lawyer which proof your case needs.
The court route and what is still pending
The Court of Turin referred article 3-bis to the Constitutional Court. In ruling 63/2026, decided on 11 March and filed on 30 April 2026, the Court declared the questions unfounded or inadmissible 2. According to the Court, the rule does not revoke a citizenship that was already recognised, and it is reasonable to protect people who had already applied or had an appointment on 28 March 2025 2.
On 23 July 2026, with ordinanza 147, in cases coming from the courts of Mantua and Campobasso, the Court sent the Court of Justice of the European Union this question: whether articles 9 TEU and 20 TFEU, on European citizenship, preclude a rule like article 3-bis 3. The Court repeated the position of ruling 63/2026, so the rule stays in force until Luxembourg decides 3.
If you are thinking of filing a lawsuit in Italy now, take this picture to an Italian lawyer: the answer from Luxembourg may change the picture, in either direction.
Minor children: the 2029 deadline
Minor children of Italian citizens by birth, born abroad, acquire citizenship through a declaration of intent by the parents or guardian 8. The Embassy in Brasília explains the two cases 8:
- Children already born on 24 May 2025: the declaration, with complete documents, can be filed until 23:59 (Rome time) on 31 May 2029. If the child comes of age before then, the child makes the declaration personally by that date.
- Children born after 24 May 2025: the declaration must be made within three years of birth.
The Italian Ministry of Foreign Affairs details both cases 4. The 2029 deadline applies to children of citizens by descent recognised under letters a), a-bis) and b) of article 3-bis, that is, with an application, appointment or lawsuit by 27 March 2025. Under the three-year rule, after that period the declaration only takes effect if the minor legally lives in Italy for at least two continuous years.
Since 1 January 2026, the declaration of intent is free 8. In Brasília, the appointment is requested by email to brasilia.cittadinanza@esteri.it, with [MENOR] or [MENORES] in the subject line, after updating marital status and address 8. The minor's birth certificate goes in long form (inteiro teor), issued in the last 12 months, apostilled and translated by a sworn translator, with the translation also apostilled 8.
Step by step
- Step 1 of 5Build the family tree and identify the exception
Check whether your case falls under letters a), a-bis), b), c) or d) of article 3-bis 1.
- Step 2 of 5Request the Certidão Negativa de Naturalização
It shows whether the Italian ancestor became a Brazilian citizen, and it needs an Apostille and a sworn translation 6.
- Step 3 of 5Gather the certificates of the line
Long form (inteiro teor), original second copy, translated and apostilled, from the Italian ancestor down to you 6.
- Step 4 of 5Book at the consulate of your district
With proof of address in the district and the fee of 600 euros per adult 6.
- Step 5 of 5Register minor children in time
For children already born on 24 May 2025, the deadline is 31 May 2029 8.
Documents you will need 8 documents
- Estratto dell'atto di nascita of the Italian ancestor, issued by the comune
- Certidão Negativa de Naturalização with Apostille and an apostilled sworn translation
- Birthmarriage and death certificates of the line, in long form (inteiro teor), translated and apostilled
- Consulate forms 7 and 8signed
- RG issued at most 10 years ago
- Recent proof of address in the consulate district
- Family tree(model 3)
- Proof of payment of the 600 euro fee in reais
Questions
My great-grandfather was Italian. Do I still qualify?
Only if your case falls under one of the exceptions of article 3-bis: an application or lawsuit by 27 March 2025, a parent or grandparent with exclusively Italian citizenship, or a parent who lived two continuous years in Italy before your birth 1. A great-grandparent does not appear among the ancestors of letter c), which speaks of first and second degree 1.
I filed at the consulate before March 2025. Does the law affect me?
If the application was filed with the required documents by 23:59 (Rome time) on 27 March 2025, or on the day of an appointment confirmed by that date, the previous rule applies 1.
Did the Constitutional Court strike down the law?
How much does it cost to apply for citizenship at the consulate?
If I no longer qualify, is there another way to live in Italy?
Descendants of Italians with Brazilian citizenship can enter for employed work outside the quotas of the flussi decrees; Brazil is on the list of countries published in November 2025 9. You still need an employer. See our guide on the Italy work visa for descendants.
Before you rely on this
- This is a matter of Italian law. The guide summarises the rule and does not assess individual cases: each line of descent needs its certificates and dates reviewed by a lawyer specialised in Italian citizenship.
- The EU Court of Justice has not yet answered the question of ordinanza 147/2026, and its answer may change how article 3-bis is applied 3.
- Ruling 63/2026 left open the situation of people who applied without having received an appointment by 27 March 2025: if that is your case, talk to an Italian lawyer 2.
- The procedures cited come from the consulates in Curitiba and São Paulo and the Embassy in Brasília; other consulates in Brazil may have their own documents, queues and timelines. The Curitiba guide, from March 2026, still states 730 days of review, while Buenos Aires cites 36 months under Law 11/2026 6 5.
- Some websites still cite 31 May 2026 as the deadline for minors. The Italian Ministry of Foreign Affairs and the Embassy in Brasília publish 31 May 2029 4 8.
- Questions for an Italian citizenship lawyer: did my ancestor hold exclusively Italian citizenship? Does my old application fall under letters a) or a-bis)? Is it worth filing a lawsuit in Italy before the EU Court of Justice decides?
This guide is general information, not legal advice. Rules change: confirm with the consulate or a lawyer before you apply.
Sources9 sources, 9 official
- Lei 5 de fevereiro de 1992, n. 91, art. 3-bis (texto vigente)officialNormattiva (Governo da Itália)
- Sentenza 63/2026 (ECLI:IT:COST:2026:63)officialCorte costituzionale
- Comunicato del 23 luglio 2026: rinvio pregiudiziale alla Corte di giustizia (ordinanza 147/2026)officialCorte costituzionale, Ufficio comunicazione e stampa
- CitizenshipofficialMinistero degli Affari Esteri e della Cooperazione Internazionale
- Ciudadanía: requisitos, documentación, plazos y turnosofficialConsulado-Geral da Itália em Buenos Aires
- Roteiro para o reconhecimento da cidadania italiana por descendência (2026)officialConsulado-Geral da Itália em Curitiba
- Cidadania (atualizado em 11 de setembro de 2026)officialConsulado-Geral da Itália em São Paulo
- Categoria 2: cidadania por benefício de lei (filhos menores)officialEmbaixada da Itália em Brasília
- Discendenti di italiani: ingressi per lavoro fuori quota da alcuni Paesi (27 de novembro de 2025)officialMinistero del Lavoro e delle Politiche Sociali
