In the Federal Senate, a proposal that can provoke one of the largest updates of the Brazilian Civil Code since its promulgation, for over two decades. Presented by Senate President Rodrigo Pacheco (PSD-MG), the bill intends to reformulate more than a thousand articles and adapt the legislation to the social, technological and family transformations that have occurred in recent years.
The text was prepared based on the final report approved by a Commission of Jurists of the Superior Court of Justice (STJ) in April 2024 and will still be discussed by parliamentarians before becoming law.
Contemporary families and new affective arrangements
Among the main points is the expansion of the concept of family, recognizing socio -affective bonds and multiparenting – that is, the possibility of a child having more than one father or mother in his registration, even without biological bond.
The project also provides that, in case of refusal to DNA examination, paternity registration can be made based only on the mother’s statement.
Another significant innovation is the sunset clause in the prenuptial pacts. Couples may establish, for example, that during the early years of marriage it will be worth the regime of separation of goods, then migrating to universal communion.
In addition, the proposal allows citizens to elaborate a kind of early will in case of loss of lucidity, appointing a trusted curator and defining how their personal and financial management should occur.
And the pension for mother -in -law?
One change that has caused controversy is that it establishes that, after the end of a marriage or stable union, former spouses follow responsible for the conviviality and expenses of children and dependents.
The term “dependents” is the point of tension. According to experts, this may include people such as elderly mother -in -law, siblings or stepchildren who came to depend economically on the couple during the relationship.
The subjectivity of the concept opens room for diverse interpretations by justice, and there are those who see the risk of former spouses to be required to continue supporting relatives of the former partner, depending on the family configuration and evaluation of the judge.
Marriage, divorce and inheritance
The proposal recognizes homosexual unions in the Civil Code and now allows divorce or dissolution of stable union unilaterally. It will also be possible to change the property regime directly in the notary’s office, without the need for judicial proceedings.
In the succession field, an important change is that spouses will no longer be direct heirs if there are descendants (children, grandchildren) or ascendants (parents). And donations made to lovers during a formal relationship may be nullified up to two years after the end of the Union.
Debts, Companies and Digital Heritage
In the field of debts, the project prohibits the attachment of the debtor’s property if this is the only good of the family. If it is a high standard property, the attachment can reach up to 50% of the value of the property. Default interest will also be limited to 2% per month.
For companies, the proposal reinforces the principle of contractual freedom between parties with equivalent conditions and obliges foreign companies to be based in Brazil to operate regularly in the country.
In the virtual environment, the text creates a landmark of digital law, recognizing digital assets as well transmissible in inheritance and regulating the use of electronic signatures. Authorization will also be required to create images by artificial intelligence of both living and deceased people.
Animal Legal Protection
The project also provides that animals are no longer treated as objects and will have their own legal protection, with compensation for abuse. The details on how this protection will work should be defined in later legislation.
What comes now?
Before it comes into force, the reform of the Civil Code still needs to be discussed and approved by the National Congress, which may take months – or even years. According to the Senate, the objective is that the proposal reflects the social and economic transformations of the country, maintaining legal certainty and expanding individual rights.
