Analysis: Could Bolsonaro get Italian citizenship to avoid extradition?

Former Brazilian President Jair Bolsonaro has figured heavily in international news lately after hundreds of his supporters stormed government buildings in the capital Brasilia on Sunday, January 8th, in what has now been widely recognised as a failed coup. 

And though there is currently no evidence that Bolsonaro directly ordered Sunday’s insurrection, Brazilian media reports suggest the former president may, in the words of Brazilian Senator Renan Calheiros, have to “answer for his crimes and be interrogated on the terrorist acts he always incited”.

It is precisely the prospect of legal prosecution that, in a turn of events very few would have been able to anticipate, might tie Bolsonaro’s fate to Italy.

Brazilian news media Istoè and O globo both recently reported that Bolsonaro, who has Italian origins, is currently planning on formally requesting Italian citizenship – a process which two of his five sons, Flavio and Eduardo, started back in 2020.

But why would becoming an Italian citizen allow Bolsonaro to evade prosecution in Brazil?

Bolsonaro is currently in Florida, USA, which he entered on December 30th, two days before his successor, Luiz Inacio Lula da Silva, was sworn in as the new Brazilian head of state. 

But his position in the US is shaky, to say the least. A single criminal charge – Bolsonaro is already under investigation in at least four pre-coup criminal probes – and sufficient evidence to show probable cause would be enough for the States to accept Brazil’s extradition request. 

Conversely, as an Italian citizen residing in Italy, Bolsonaro would be most likely shielded from extradition as the current agreements between Rome and Brasilia exclude extradition for crimes of political nature and the Italian Constitution (article 26) bans the “extradition of [an Italian] citizen unless international conventions command so”.

So, it seems Bolsonaro would effectively be able to evade prosecution by acquiring Italian citizenship. But should he ultimately choose to request citizenship, how likely is it that he would be successful?

While there’s no way to predict what the final outcome would be, he’d have good chances, at least in theory.

Italy is far more lenient than other countries when it comes to allowing people to claim citizenship via ancestry (also known as ‘right of blood’ or jure sanguinis).

In fact, there are no limits on how far back up the line of descent the applicant’s Italian ancestor is located as long as the Italian national in question was alive on or after March 17th 1861, when the Kingdom of Italy was officially born. 

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Bolsonaro’s paternal great-grandfather, Vittorio Bolzonaro, moved to Brazil from Anguillara Veneta, Veneto in the late 1880s or early 1890s at the very latest.

Other than that, the issue of Italian citizenship is dependent on one remaining condition, namely that no Italian national along the line of descent formally renounced their Italian citizenship prior to the birth of their descendant. 

There’s no way to know whether this requirement is actually met in Bolsonaro’s case, though, if it were, his path to acquiring Italian citizenship would be pretty clear. 

As with all things Italian, the process of getting an Italian citizenship application approved is usually very lengthy (taking over three years in most cases). However, there is a ‘fast-track’ option which, while requiring the applicant to relocate to Italy and become a legal resident, cuts overall processing times to around one year. 

So, should Bolsonaro ultimately go for the fast-track route – and provided that he applied immediately and all his documents (including birth, death and marriage certificates of all his relevant ancestors) were in order – the earliest he could become an Italian citizen would be at some point in 2024. 

READ ALSO: What’s the difference between Italian residency and citizenship?

This is of course all purely hypothetical at present, especially as Italy’s foreign minister Antonio Tajani confirmed on Wednesday that Bolsonaro hasn’t (yet) submitted a request for Italian citizenship. 

But the mere prospect of Brazil’s former president applying for citizenship has caused a stir within the Italian political landscape – several left-wing forces have already asked that the request be immediately rejected should it ever come through.

Some Italian social media users also highlighted the fact that it’s relatively difficult for children born in Italy to foreign parents to obtain Italian citizenship.

“Before (possibly) giving Italian citizenship to the Bolsonaro family you must give it to all children born and living in Italy who wish to be Italian citizens,” said one.

The former president already has honorary Italian citizenship, granted by Anguillara Veneta, the small town Bolsonaro’s great-grandfather originally emigrated from. However, the town’s mayor is now under increasing pressure to revoke it.

Making Bolsonaro an honorary citizen was a “grave error then” but failing to revoke the award after Sunday’s events would be nothing short of “incomprehensible”, stated Veneto regional councillors Vanessa Camani and Andrea Zanoni, both with the Democratic Party.

As for the Italian government, PM Giorgia Meloni took to Twitter on Sunday to condemn the insurrection in Brasilia. However, neither she nor any other member of her cabinet have so far taken a stance on Bolsonaro’s contentious citizenship issue.

Also, at the time of writing, no member of the League, which largely supported Bolsonaro during his tenure as president and praised him as the “pride of Veneto” in October 2018, has spoken out on the topic.

Whether it’s just a bad bout of forgetfulness or deliberate reticence, the silence is deafening.