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Proposal to update the Brazilian Civil Code, whose basis was conceived in the 70s, includes digital inheritance, unilateral divorce and recognizes animals as sentient beings, seeking to adapt the law to 21st century society.
A comprehensive proposal for reform of the Brazilian Civil Code was submitted to the Federal Senate, marking the beginning of one of the most significant legislative updates in recent decades. The current text, which came into effect in 2002, was largely based on a draft from the 1970s, reflecting a completely outdated social and technological reality. The modernization aims to incorporate themes that have become central to everyday life and bridge the gap between the written law and the practical lives of citizens.
Drafted by a committee of renowned jurists, chaired by Justice Luis Felipe Salomão of the Superior Court of Justice (STJ), the draft bill seeks to provide legal certainty to situations that currently depend on judicial interpretations, which are often slow and inconsistent. If approved, the reform will not only update the law, but it will also simplify processes, such as divorces and inventories, aligning the Brazilian Civil Code to the way people live, relate and do business today.
Digital life finally enters the law
The lack of clear rules for the digital environment is one of the most critical points of the current code, forcing judges to decide on complex issues without explicit legal support.
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The reform proposes the creation of an entire chapter dedicated to the topic, with an emphasis on digital heritage.
The proposal establishes what happens to a person's online assets after death, differentiating goods of economic value, such as cryptocurrencies, airline miles and monetized channels, from those of purely affective value, such as social media accounts and personal emails.
Under the new rule, financial assets would be passed on to heirs, while access to private content would generally be terminated to protect the deceased's privacy.
In addition to inheritance, the proposal expressly validates contracts concluded electronically, including so-called “smart contracts,” which are self-executing on platforms such as blockchain.
In practice, this means that a “click” or other form of digital acceptance will have unequivocal legal recognition, offering greater legal security for e-commerce and digital transactions.
The measure is seen as essential to keep pace with the evolution of the economy and commercial relations, which have massively migrated to the online environment, ensuring that technological innovation does not operate in a legal vacuum.
New families and relationships in the Brazilian Civil Code
Perhaps the most profound modernization of the reform is in Family Law.
The text abandons the “marriage-centric” model, which historically placed marriage as the main family structure and superior to others.
Now, it recognizes the emotional bond as the central element in the constitution of a family.
The proposal formalizes in law the recognition of same-sex unions and stable unions on an equal footing with marriage for all purposes, consolidating an understanding that the STF had already established in 2011.
The terminology is also updated, replacing the expression “family power,” which refers to an idea of possession, with “parental authority,” focused on the duties of care and education.
Another change with a major practical impact is the establishment of unilateral or compulsory divorce.
The proposal allows a person to apply for divorce directly at the registry office, without the need for the consent of their partner, who would only be notified of the decision.
The goal is to reduce bureaucracy in ending the marriage bond and prevent one of the parties from using the process to prolong suffering or blackmail the other, constituting a form of procedural violence.
Issues such as the division of assets and child custody would continue to be discussed separately, but the end of the marriage would be immediate, guaranteeing autonomy and dignity to those involved.
Animals cease to be “things” under the law
In one of the most revolutionary changes, the reform proposes to radically change the legal status of animals in Brazilian Civil Code.
Currently, they are treated as “movable property”, that is, things, objects.
This classification creates problematic situations, such as in accident cases, where compensation for damage to a pet may be limited to its “market value.”
The new text recognizes them as “sentient living beings”, endowed with a special nature and their own legal protection, which must consider their fundamental rights. This conceptual change has immediate and profound practical consequences.
In a divorce dispute, for example, a pet will no longer be shared like furniture or a car.
Instead, a judge may define custody rules and a cohabitation regime, taking into account the animal's well-being and the emotional bonds it has with each owner, in a similar way to what happens with children.
The measure also strengthens civil liability for mistreatment, as the harm caused is no longer to an “object,” but to a being capable of feeling pain and suffering, paving the way for fairer reparations.
The proposed reform of the Brazilian Civil Code represents a monumental effort to synchronize the country's main privacy law with the social and technological advances of the last five decades.
The changes, which range from cryptocurrency inheritance to pet ownership, reflect a more complex, digital, and diverse society, seeking to ensure that the law accurately reflects reality, not a relic of the past.
The path in the National Congress, however, will be long and subject to intense debate.
Which of the proposed changes do you consider most urgent for Brazil today: the regulation of digital life, the recognition of all forms of family, or the new protection for animals? Leave your opinion in the comments—we want to know how this reform could impact your life in practice.
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