Ius sanguinis ou Ius soli.

Pasquale Stanislao Mancini, Francesco Crispi e Vittorio Polacco em confronto nos debates parlamentares sobre a atribuição da nacionalidade do reino da Itália (1861-1912)

Abstract

The main criterion for attributing nationality employed by the Italian legal system is regulated through norms centered on the “right of blood” – the “ius sanguinis” – which, in turn, is inspired by the lecture given by Neapolitan jurist Pasquale Stanislao Mancini, at the University of Turin, in 1851. The inclusion of these norms in the Italian legislative framework, through the civil code of 1865, did not go unscathed through the parliamentarian debates that preceded its approval, with political groups defending the adoption of the “right of the soil” – the “ius soli” –, as the main factor in granting citizenship. The present article seeks to analyze how, in the first decades of the Italian State, the parliamentary debate on the topic occurred, highlighting the assumptions of both camps – in favor of the “ius sanguinis” and in favor of the “ius soli” –, as well as it seeks to examine how identification between “citizenship” and “nationality” occurred in the first liberal Italian codification, highlighting the voiding of the political content of the former by being intrinsically linked to the latter.