Updated article *
A group of Italian-Brazilians involved in a legal dispute with the municipality of Longarone, in the region of Belluno, had the claim for compensation denied by Regional Administrative Court (TAR) Rome.
The action, which addressed delays in the transcription of citizenship and birth and marriage certificates, was closed after the municipal administration complied with the court decision.
Judicial decision
The lawsuit, initiated by an Italian-Brazilian citizen and granted a favorable ruling by the Ordinary Court of Rome in September 2023, compelled the Ministry of the Interior and the civil registry official of Longarone to carry out the necessary transcriptions. However, the process faced delays due to the large volume of pending requests at the Department of Demographic Services.
The municipal administration clarified that the delays were the result of an internal reorganization to deal with the high demand for requests in recent years, a scenario that has generated dissatisfaction among applicants.
Prior to the hearing, the municipality completed the required transcripts, which resulted in the so-called “loss of subject matter” of the proceedings, or cessation of the contentious matter, a legal term that indicates the resolution of the conflict before the judgment on the merits.
In this case, there were no winners or losers, as the dispute was resolved before judicial intervention, the lawyer explained. Isabel De Lima, one of the defenders of the case, Italianism.
According to her, the main objective of the action was compliance with the court order, which was achieved before the hearing. “The main request was compliance with the court order, and the municipality complied. The court, therefore, did not need to judge the merits,” explained De Lima.
Even so, the request for compensation for moral damages was denied, being considered by the court as an accessory element to the main case.
Response to local newspaper
The group's lawyers also expressed dissatisfaction with the coverage of the case by newspaper Il Gazzettino who described the decision as a defeat for the Italian-Brazilians.
De Lima said he would file a criminal complaint against the newspaper for defamation, arguing that the narrative presented was inaccurate and harmful.
According to the defense, the coverage of the case disregarded the fact that the resolution occurred because the municipality complied with the court order before the hearing, and not because of any failure in the appeal filed.
02/02/2024, 17:43 pm – Article updated to include the defense’s version.
