Three times, a descendant of Italians born in São Paulo, great-grandson of the Calabrian Umberto Badolato, tried to schedule an appointment at the consulate and always received the same response on the screen. In April 2024, he took the case to the Italian courts. The first instance denied his claim. The second recognized his citizenship.
A Court of Appeal of Reggio Calabria (450/2025) The court overturned the ruling that had denied the request and declared the applicant an Italian citizen by descent. (jure sanguinis)It also ordered the Ministry of the Interior to pay the costs of both degrees.
The sentence was issued on May 8, 2026. According to the defense, the disclosure only occurred after the appeal period had ended, meaning the decision is no longer subject to appeal.
The Prenot@mi wall
With each attempt, the scheduling system, known as Prenot@miThe same message kept appearing: “This list has already reached the maximum number of registrations for the current month.” The applicant tried three times in April 2024 and filed the lawsuit.
In January 2025, the lower court ruled the request inadmissible due to lack of standing. According to the judge, the three screenshots were insufficient: they showed only "a very brief time span," incapable of proving widespread paralysis. The applicant could, according to the ruling, have waited for the lists from subsequent months.
The second instance and the notorious fact
The Court of Appeals (second instance of the Italian Justice system) reached a different conclusion regarding the same facts. According to the panel, a prior administrative request is not a requirement for initiating legal action, and the crisis at Italian consulates in South America is... well-known fact, the legal term for something that is so well known that it needs no proof.
The decision noted “the bureaucratic paralysis in which the Italian consulates in South America find themselves.” The ruling itself, which Italianismo had access to, cites other examples. Italian courtslike Bologna, Bari, and Florence, which have already addressed consular congestion as a well-known fact.
Merit and the Tajani Decree
On the merits, the court rejected the new burden of proof rule of the Tajani Decree. (Decree-Law 36/2025, converted into Law 74/2025)because the action began before March 27, 2025. It also rejected the argument of widespread Brazilian naturalization, noting that the loss of citizenship requires a voluntary and explicit act by the emigrant.
“This is an extremely important decision, which reinforces confidence in the Italian justice system and in the role of the Higher Courts in protecting the rights of descendants of Italians,” stated the lawyer. Claudia Santoro.
Danni
June 12 from 2026 at 10: 20
Assurdo totale l'avvocato di estato dire delle persone non hanno richerato il consulato entre la Câmara creata economic barriere.
Assurdo iniziale è dovere evidenziare inefficienza italiana a corte. High barrier. Piccola Italia, grandi gli italiani