O que muda na Cidadania Italiana? Entenda a Nova Lei para Ítalo-Brasileiros

The Future of Italian Citizenship: What to Expect from the June 2026 Judgment? Italian citizenship through the judicial process is undergoing a period of profound transformation and intense debate. In today's video, we welcome back Dr. J. Storino to analyze the current scenario and, especially, what is to come with the next major judgment in the Constitutional Court. If you are an Italian-Brazilian, have ongoing processes, or are planning to begin your search for recognition, this conversation is essential to understand the new legal arguments, the risks, and the real prospects for the future. 00:00 - Introduction: Presentation of the topic of the second part of the conversation with Dr. J. Storino, focusing on the next steps and what to expect from the Constitutional Court regarding Italian-Brazilian citizenship. 00:41 - Date and Context of the Upcoming Trial: Confirmation of the trial date at the Constitutional Court (June 9, 2026, at 10:30 AM in Italy) and the expectation of a much more robust scenario. 01:03 - Details of the Two Ordinances: Explanation of the structural connection between two appeals (Mantua Court and Campobasso Court), including the case of two Brazilian citizens (mother and daughter). 01:25 - Focus on Article 3-bis: Discussion on how the new defense will attack Article 3-bis as amended by the Italian Decree, addressing European Law and the principle of equality. 02:08 - Formal vs. Material Constitutionality: Explanation of how the use of a "Decree-Law" may have been the wrong instrument to change citizenship rules, due to the lack of necessity and urgency requirements. 03:10 - The Innovative Argument of Article 77: Discussion on formal and material constitutionality, and the fact that no one can be deprived of the right to citizenship. 04:22 - Change of Position of the Court: Provocation about the possibility (or pessimism) of the Constitutional Court radically changing its stance in such a short time. 05:13 - The Middle Way and Restrictions: Analysis that the rules will hardly return to what they were before, but that the current objective is to fight for flexibility or a middle ground. 05:33 - The Principle of Legitimate Expectation: How the State cannot make abrupt and unpredictable changes that harm the legal security of applicants. 06:50 - Comparative Analysis with Other Countries: Discussion about the restrictive reforms made by countries such as Germany, Portugal and Spain, and the impact of this argument in the Italian case. 07:44 - The Precedent of the Malta Case: Explanation of a case in the European Court of Human Rights involving Malta, which treated the loss of nationality as a violation of personal identity. 09:15 - The Importance of Lawyers and Legal Arguments: The crucial role of technical defenses in building arguments to claim rights both in Italy and in the European Court. 09:37 - Is it Worth Filing the Lawsuit Now (May 2026)? Dr. Storino's advice for new applicants (especially great-great-grandchildren and great-great-grandchildren) to wait for the outcomes of the June trials before filing a lawsuit. 10:37 - Applicants without Proof of Consular Appointment: Analysis of the Court of Cassation's decision that the lack of an appointment is not a condition of admissibility and that the inefficiency of public administration cannot curtail a right. 11:51 - Interest in Acting: How to prove that the applicant demonstrated interest in obtaining citizenship, even in the face of consular waiting lists of 10 to 15 years. 12:47 - Statement by a Counselor of the Court of Cassation: Clarification on an article published by Counselor Césare Trapuzzano defending the retroactivity of the law and "original preclusion." Dr. Storino explains that this is a doctrinal/personal position, not a collegial decision. 14:38 - Doctrinal Force vs. Practical Decisions: Debate on how most constitutionalists and academia defend that the right to citizenship is imprescriptible and permanent. 15:37 - Legislative Scenario and Political Instability: Analysis of how a possible fall or change in the Meloni Government would affect the processes. Discussion regarding the positions of the left (historically favorable to Ius Soli and Ius Culturae) and the conservative right (favorable to Ius Sanguinis). 17:31 - Closing and Contacts: Final information regarding the trial date, acknowledgments, and dissemination of contact information for Dr. J. Storino and his partner Giuliano Della Rovere for document analysis.