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Bill Proposes to Prevent Civil Imprisonment for Alimony Debt When DNA Tests Disprove Biological Link
A bill presented in the House of Representatives is changing the way the country discusses alimony cases, especially when DNA tests disprove any biological link. As a result, the topic has gained political and legal traction within Congress.
On November 18, 2025, Deputy Kim Kataguiri, from União Brasil of São Paulo, brought Bill 5,885/2025 to the Board of Directors of the Chamber. Since then, the proposal has attracted attention because it prevents civil imprisonment for alimony debt whenever an official report clearly proves that there is no biological relationship between the alleged father and the child. Furthermore, the text allows the investigated party to request immediate exemption from the alimony once the test confirms the absence of paternity.
The deputy states that the measure keeps pace with the evolution of means of proof. He argues that the justice system should not punish men who science has already disassociated from the case. For Kataguiri, civil imprisonment in these scenarios undermines constitutional principles related to human dignity, reasonableness, and justice.
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Technical Investigation and Legal Foundations of the Proposal
Kataguiri emphasizes that advancements in biological identification methods have made DNA testing an objective and decisive tool. Therefore, according to him, the judiciary needs to update its interpretations. He considers it unfair to require alimony payments after a negative report and, moreover, to allow the investigated party to face the risk of civil imprisonment. For the parliamentarian, such situations do not align with constitutional guarantees.
The deputy also reinforces that the bill does not abandon children or adolescents. When a parent is not identified, the Child and Adolescent Statute determines that the State must take on public assistance and protection policies. In this way, he states that the text corrects distortions and reorganizes responsibilities.
The bill stipulates that the judge shall exempt the alimony as soon as the negative report enters the case. It also prevents requests for civil imprisonment related to collections made after proving the non-existence of a biological link. Thus, the parliamentarian reorganizes procedural dynamics and reduces undue coercive measures.
Social and Legal Consequences of the Proposal
The proposal reignites debates about paternity, family responsibility, and the role of the State in protecting minors without defined records. Experts assert that courts frequently deal with complex cases involving socio-affective paternity, accumulated alimonies, and lengthy legal disputes. Therefore, they advocate for more precise technical analyses.
Kataguiri focuses the bill on biological accountability. He establishes that the State should take care of children without identified parents, as determined by the ECA. In this way, the parliamentarian reinforces that coercion through imprisonment only makes sense when there is a legitimate legal basis for the charge.
Procedural Steps and Next Actions in the Chamber
Bill 5,885/2025 remains with the Board of Directors of the House of Representatives, which will decide the proposal’s fate in committees. The trend is for the text to go to areas such as Human Rights, Social Security, and Constitution and Justice, all responsible for themes related to the legal and social impact of the measure.
After this distribution, the bill will go through reporting, debates, and possible adjustments. Only after these stages will it be able to advance to a plenary vote.
The Impact of the Proposal on the Brazilian Legal Landscape
Experts interviewed by media outlets assert that the topic is likely to generate intense debates because it involves family responsibility, constitutional guarantees, and protection of childhood. They also consider that, although the proposal only addresses cases where the biological link has been ruled out, its approval may influence broader discussions about paternity, the effects of past decisions, and social assistance policies.
The text presented by Kim Kataguiri raises a central question: how to balance science, individual justice, and social protection without undermining the fundamental rights of children and adolescents? Additionally, the debate raises another question: how to prevent individuals without a biological link from continuing to bear alimony obligations they should never have assumed?
In this context, the final question arises: what should be the ideal path for Brazil? To quickly adjust the legislation to prevent unjust imprisonments or to build a broader model of social protection that considers different family realities?
Acho que quem deve assumir as crianças são seus genitores (pai e mãe), as mulheres estão tendo filhos, sem a menor responsabilidade. Digo sim, as mulheres, porque somos nós que engravidam os e temos que ser responsáveis em nós precaver.