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Federal Deputy Kim Kataguiri (União-SP) Wants to Block Pension Grants Based Solely on Socio-Affective Links. He Presented a Bill That Proposes to Limit This Right to Relatives with Biological, Civil, or Formal Adoption Ties, Trying to Curb Judicial Decisions That Recognize Financial Obligations Based Only on Affective Relationships.
Federal Deputy Kim Kataguiri (União-SP) Presented Bill Law 4604/2025, Which Seeks to Amend the Civil Code Regarding Alimony Payments.
The Proposal Defines That Only Socio-Affective Links Should Not Be Recognized as Kinship and Therefore Cannot Generate the Obligation to Pay or Receive Alimony.
Kataguiri Explained That the Idea Is to Prevent Distortions in the Concept of Kinship and Protect the Social Function of the Institute of Alimony.
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For Him, the Obligation to Pay Alimony Must Arise Solely from Links Formally Recognized by Law, Such as Biological, Civil, or Formal Adoption.
According to the Congressman, This Prevents Artificial Litigation and the Creation of Property Charges Considered Disproportionate.
Increase in Number of Decisions Recognizing Affective Links
A Survey from the JusBrasil Panel Shows More Than 3,800 Records of Jurisprudence on Socio-Affective Pensions, Many Based on the Principle of Human Dignity.
In Recent Years, the Number of Judicial Decisions Recognizing Affective Relationships as the Basis for Alimony Has Increased. For Kataguiri, This Movement Generates Legal Uncertainty, Distortions, and Excesses in the Current System.
An Example Cited Was a Case from the São Paulo Court of Justice (TJ-SP). The Magistrates Condemned a Man to Pay Alimony to the Child of His Former Partner, with Whom He Lived for Several Years, Even Without Biological Ties or Formal Adoption.
The Court Understood That He Acted as a Father and Created a Socio-Affective Bond with the Child.
Kataguiri Stated That “the Civil Code Already Provides for Natural and Civil Kinship, but the Justice System Has Begun to Equate Solely Affective Links with Biological or Legal Ones.”
According to Him, This Happens Mainly in Cases of Alimony, Inheritance, and Filiation. The Deputy Argues That the Proposal Will Correct Distortions and Ensure That Family Duties Exist Only When Provided by Law.
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