Sentence no. 25318/22 of the “Sezioni Unite” of the Italian Court of Cassazione

''Great Naturalization'' can be understood as the period between 1889-1891, which determined that all foreigners from any part of the world, and therefore also Italians, present in Brazilian territory on 11/15/1889 (Proclamation of Republic), would obtain automatic Brazilian “naturalization” (unless they expressed within six months, before their consulates, their desire to remain citizens of their country of origin).

Since it began to be used by the Ministero dell'Interno - as a defense argument in cases of recognition of Italian citizenship - the Great Naturalization thesis has generated numerous discussions, appeals, suspensions and then reached the Corte di Cassazione.

After a long wait, the issue was resolved by the Sezioni Uniti, which issued a landmark ruling, giving a new interpretation to the legal provisions and therefore ruling out the applicability of the aforementioned thesis. The decision consolidated the understanding that citizenship is acquired by original title – jures sanguinis. Thus, the status of citizen, once acquired, is permanent in nature and imprescriptible. It is demandable at any time, based on simple proof of the condition acquired by birth as an Italian citizen and, therefore, the proof is in the transmission line.

Furthermore, it ruled out the possibility of a tacit renunciation to choose Italian citizenship by those foreigners residing in Brazil at the time covered by the “Great Naturalization”. In this way, the loss of Italian citizenship would only be possible through a spontaneous and voluntary act, but never tacitly.