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The Italian Constitutional Court Will Decide on March 11, 2026, Whether Law 74/2025 Is Valid and Whether Italian Citizenship Will Continue to be Limited to Two Generations or Will Again Reach Millions of Italian-Brazilian Descendants Interested in the European Passport by Right of Blood Throughout Brazil and Abroad.
On March 11, 2026, the Italian Constitutional Court will rule on whether Law 74/2025, which restricted Italian citizenship to only two generations of descendants, violates the country’s Constitution. The decision could reopen the pathway for the European passport for some of the approximately 32 million Italian descendants living in Brazil.
The new rules apply to those who submitted their application for recognition starting on March 28, 2025, or still plan to initiate the process, following a government decree published on March 27 and transformed into Law 74/2025 in May. If the regulation is overturned, the understanding that there is no generational limit for citizenship by descent could prevail.
What Changed with Law 74/2025
Law 74/2025 stipulated that citizenship would only be recognized for two generations of descendants, that is, children and grandchildren of Italians.
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Before the change, any generation could apply for recognition, as long as they could provide documentation proving the entire lineage back to the Italian ancestor.
In practice, great-grandchildren, great-great-grandchildren, and descendants of more distant generations were automatically excluded from the possibility of applying for the European passport based on family origin.
The change directly affected those who submitted their citizenship recognition application starting March 28, 2025, and all Brazilians who were still preparing to enter the queue.
With the new rule, thousands of Italian-Brazilians were excluded from access to citizenship and the European passport, awaiting the final word from the Constitutional Court.
The trial in March 2026 became a turning point for those who saw their dream interrupted by the two-generation limitation.
Why the Law Is Challenged in the Constitutional Court
Italian jurist residing in Brazil, David Manzini, CEO of Nostrali Italian Citizenship, assesses that the chances of Law 74/2025 being deemed unconstitutional are significant.
According to him, Article 77 of the Italian Constitution allows the government to publish decrees only in extraordinary situations of necessity and urgency, which would not be proven in the case of changing citizenship rules.
Criticism of the law also relies on a recent decision from the Constitutional Court itself, in a case discussing the previous regulation.
In that ruling, the judges stated that there is no generational limit for recognition of Italian citizenship by descent, which is seen as a strong indication of how the court may position itself now when analyzing the law approved in 2025.
If the Court finds that there was an abuse in how the government enacted the decree that led to Law 74/2025, the entire arrangement restricting citizenship to two generations could collapse, opening the door for a broad review of the rules.
What Could Happen from March 11, 2026
If the judges conclude that Law 74/2025 violates the Constitution, the Constitutional Court may determine that Parliament and government revise or repeal the text to align it with the constitutional principles of Italy.
The decision will have binding effects and will guide the courts in future processes, creating a mandatory precedent.
For Brazilian Italian descendants, a possible recognition of unconstitutionality tends to reopen the pathway for Italian citizenship processes without a generational limit, especially for those who had their applications submitted after the new rules took effect or who have not yet managed to start the procedure.
The impact is expected to extend to descendants living both in Brazil and in other countries with a strong presence of families of Italian origin.
On the other hand, if the law is upheld, a scenario of strong restriction consolidates, where only children and grandchildren of Italians continue to have the right to recognition, excluding a significant portion of descendants who now see the European passport as an opportunity for study, work, or residence abroad.
Who Decides the Future of Citizenship in Italy
The Constitutional Court is the highest instance responsible for interpreting and protecting the Italian Constitution, in a position similar to that of the Supreme Federal Court in Brazil.
Established in 1956, the court’s main function is to verify whether laws and regulatory acts respect the Constitution of 1948, striking down anything that is inconsistent with its fundamental principles.
The body is composed of 15 judges chosen evenly among the powers of the State.
Five are appointed by the President of the Republic, five are elected by Parliament, and five come from the superior courts of the judiciary, which aims to ensure a diversity of institutional origins in decision-making.
It is this group of 15 magistrates that, on March 11, 2026, will define the course of Italian citizenship for millions of descendants in Brazil and abroad, determining whether the limitation to two generations remains in effect or if the right by descent returns to encompass families of various generations.
And you, do you have Italian ancestry in your family and follow the topic of Italian citizenship or are you just now discovering how this decision could change your plans and those of your relatives?
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