Law 14,661/2023 Changes Succession Rules in Brazil, Allows Automatic Exclusion of Heir After Final Criminal Conviction

Written by Noel Budeguer

Published on 23/12/2025 at 13:55

Mudança no Código Civil permite exclusão automática da herança após condenação penal, mesmo quando a ação cível foi aberta antes da nova lei

Uma pessoa reagiu a isso.

Rule of Law 14.661/2023 Dispenses With Civil Process When There Is a Final Criminal Conviction and Directly Affects Participation in Inheritance

The criminal conviction that has become final for intentional homicide, including femicide, has led to automatic exclusion of the heir for indignity in the Civil Code, after the Law 14.661/2023.

In practice, this eliminates the need for a civil action to discuss indignity when the criminal justice system has already concluded the judgment with a definitive decision.

What Happened and Why This Caught Attention

The Family and Succession Court of Guarapuava (PR) dismissed a civil case that sought to declare the indignity of a man convicted of femicide against his own wife.

ARTICLE CONTINUES BELOW

Who Can Be Excluded From the Inheritance and What the Law Says When Applicable

The change incorporated into the Civil Code provides for automatic exclusion for indignity when there is a final criminal conviction for intentional homicide against the person whose inheritance is in discussion.

Femicide falls under this classification as it is considered intentional homicide within the circumstances of the crime.

Even when the death occurred before the regulation, the rule can be applied if the final judgment happens during the validity of Law 14.661/2023.

How Final Judgment Works and Why It Matters in the Process

A final judgment means that the conviction has become definitive, with no possibility of new appeals that change the outcome.

With the definitive conviction in the criminal sphere, the discussion about guilt ceases to be the central point in the civil sphere because criminal responsibility has already been acknowledged.

In this situation, the law begins to operate with a direct effect on succession, leading to automatic exclusion of the heir.

Why the Civil Action Was Dismissed Even Though It Was Filed Earlier

The civil action was filed in 2021 by the victim’s parents when the criminal case was still ongoing.

The final judgment of the conviction for femicide occurred in the last month of June, and the defendant himself requested the recognition of the loss of procedural interest based on Law 14.661/2023.

The parents argued for the application of the legislation in force at the time of the murder, but the decision applied the rule from 2023 and recognized the automatic exclusion from inheritance.

Costs and Fees: What Was Decided Despite the End of the Process

Even with the case dismissed, the man was ordered to pay court costs and attorney’s fees.

The justification was that he caused the filing of the civil action, as the process was initiated before the regulation that established automatic exclusion.

The case is being processed under judicial secrecy, and the lawyers Rogéria Dotti and Diana Geara were involved in the case.

The decision reinforces that a definitive conviction for femicide can directly impact the right to inherit, with automatic application of the indignity rule.

It also indicates that civil processes initiated before the legal change can be concluded after the final judgment, maintaining, when applicable, the charging of costs and fees from the party that initiated the action.

0 Comentários

Mais recente

Mais antigos Mais votado

Feedbacks

Visualizar todos comentários

Law 14,661/2023 Changes Succession Rules in Brazil, Allows Automatic Exclusion of Heir After Final Criminal Conviction

Rule of Law 14.661/2023 Dispenses With Civil Process When There Is a Final Criminal Conviction and Directly Affects Participation in Inheritance

What Happened and Why This Caught Attention

Who Can Be Excluded From the Inheritance and What the Law Says When Applicable

How Final Judgment Works and Why It Matters in the Process

Why the Civil Action Was Dismissed Even Though It Was Filed Earlier

Costs and Fees: What Was Decided Despite the End of the Process

Family without running water in the interior of Ceará takes out a loan to drill an artesian well and discovers possible oil, but cannot use it, cannot sell it, and is left with a debt of R$ 15,000.

On the Greek island of Ithaca, archaeologists have found what may be a sanctuary dedicated to the legendary Odysseus, with inscriptions bearing his name and votive offerings that span from the Mycenaean to the Hellenistic era.

Is a smart plug worth it in a regular home? What does it offer: turns on and off via smartphone, creates routines by schedule, prevents forgotten devices, sometimes monitors consumption, and improves habits without renovation or miracles.

Spain surprises the world by erecting 62 artificial dunes, mixing sand with natural remains of posidonia, and causing the structure to lose only 1.4% of its volume in 1 year.

After two years of internal discussions, Paraguay has finally regulated the law that opens the country to foreign technology and service companies with tax incentives that promise to create thousands of jobs and change the economy.

Map reveals how the Earth may look in 250 million years: continents will reunite in the Last Pangaea, 92% of the planet could become uninhabitable for mammals, and Spain appears among the rare possible exceptions.

Geographers redefine the Brazilian relief and confirm the presence of mountains in 14 states with a new system that changes historical criteria and alters the way the territory is classified.

With a total blockade of software, data, and connected systems, the U.S. has completely closed its doors to Chinese cars and transformed vehicles into geopolitical weapons, creating a new technological battlefield that could reshape the global automotive industry.

Nubank’s billion-dollar offer could take the Naming Rights of Allianz Parque and change the identity of Palmeiras’ stadium.

The culture of cars that jump on the asphalt was born in the garages of Mexicans in the 1940s, was treated as a crime in the United States for decades, and has now become an official postage stamp of the American Postal Service in a twist that no one expected.

Guaratuba Bridge enters the final phase with high-standard road signage implemented by IASIN and inauguration scheduled for April 2026.

Law 14,661/2023 Changes Succession Rules in Brazil, Allows Automatic Exclusion of Heir After Final Criminal Conviction

Rule of Law 14.661/2023 Dispenses With Civil Process When There Is a Final Criminal Conviction and Directly Affects Participation in Inheritance

What Happened and Why This Caught Attention

Who Can Be Excluded From the Inheritance and What the Law Says When Applicable

How Final Judgment Works and Why It Matters in the Process

Why the Civil Action Was Dismissed Even Though It Was Filed Earlier

Costs and Fees: What Was Decided Despite the End of the Process

Family without running water in the interior of Ceará takes out a loan to drill an artesian well and discovers possible oil, but cannot use it, cannot sell it, and is left with a debt of R$ 15,000.

On the Greek island of Ithaca, archaeologists have found what may be a sanctuary dedicated to the legendary Odysseus, with inscriptions bearing his name and votive offerings that span from the Mycenaean to the Hellenistic era.

Is a smart plug worth it in a regular home? What does it offer: turns on and off via smartphone, creates routines by schedule, prevents forgotten devices, sometimes monitors consumption, and improves habits without renovation or miracles.

Spain surprises the world by erecting 62 artificial dunes, mixing sand with natural remains of posidonia, and causing the structure to lose only 1.4% of its volume in 1 year.

After two years of internal discussions, Paraguay has finally regulated the law that opens the country to foreign technology and service companies with tax incentives that promise to create thousands of jobs and change the economy.

Map reveals how the Earth may look in 250 million years: continents will reunite in the Last Pangaea, 92% of the planet could become uninhabitable for mammals, and Spain appears among the rare possible exceptions.

Geographers redefine the Brazilian relief and confirm the presence of mountains in 14 states with a new system that changes historical criteria and alters the way the territory is classified.

With the arrival of Law 11.788, internships are now recognized as professional experience.

The Brazilian Civil Code states that a property owner has the right to cut the roots of a neighbor’s tree that invade their land, as long as it does not harm the tree itself. The owner must notify the neighbor before taking such action.

Engineer is sentenced to repay R$ 148 thousand after holding public positions in three municipalities in Rondônia with incompatible schedules, and the decision is upheld by the Court of Justice.

Chamber approves project that creates mandatory Life Insurance for police officers, firefighters, guards, and traffic agents.

Can you be punished just for carrying alcohol in the car? The little-known detail of the CTB that changes everything in traffic stops.

With a total blockade of software, data, and connected systems, the U.S. has completely closed its doors to Chinese cars and transformed vehicles into geopolitical weapons, creating a new technological battlefield that could reshape the global automotive industry.

Nubank’s billion-dollar offer could take the Naming Rights of Allianz Parque and change the identity of Palmeiras’ stadium.

The culture of cars that jump on the asphalt was born in the garages of Mexicans in the 1940s, was treated as a crime in the United States for decades, and has now become an official postage stamp of the American Postal Service in a twist that no one expected.

Guaratuba Bridge enters the final phase with high-standard road signage implemented by IASIN and inauguration scheduled for April 2026.