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The Advancement Of The Proposed Civil Code Project By Senator Rodrigo Pacheco (PSD-MG) Sounded The Alarm Across The Country. Legal Experts And Associations Claim That The Changes Could Implode The Notion Of Family In Brazil, Directly Affecting Pillars Such As Marriage, Stable Union, Adoption, Inheritance, And Parentage.
This Week, The Senate Approved The Creation Of A Temporary Committee To Analyze The Bill No. 4/2025, Authored By Pacheco. The Proposal Deeply Alters Rules That Structure The Civil And Family Life Of Brazilians.
Among The Most Controversial Points Are The Creation Of A New Civil Status Called “Cohabitant”, The Possibility Of Recognition Of Socio-Affective Children In A Notary Office Without A Court Decision, The Opening For Registration Of Triad Children (Polygamy), The Concept Of Parental Family, The Secrecy Of The Biological Father In Cases Of Assisted Reproduction, And Even The Permission Of Testamentary Inheritance For Lovers.
According To A Survey Conducted By The Family Law And Inheritance Association (ADFAS), Led By Legal Expert Regina Beatriz Tavares Da Silva, The Text May Generate Legal Insecurity, Increase The Judicialization Of Conflicts, And Weaken The Traditional Foundations Of Family In Brazil. According To A Document Released By The Organization, “The Family Law Cannot Get Lost In A Sea Of Affection.”
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Asset Division: Know What Cannot Be Divided in Case of Divorce
“Cohabitant” May Become A New Civil Status
One Of The Most Radical Changes In The New Civil Code Is The Creation Of The Civil Status Of “Cohabitant”. Today, In Brazil, The Possible Civil Statuses Are: Single, Married, Divorced, And Widowed. Those In A Stable Union Do Not Have A Specific Civil Status, Needing To Prove Their Relationship In Court Or Through A Public Deed.
If The Project Is Approved, The Stable Union Would Officially Appear In Documents As A Civil Status. For ADFAS, This Is A Serious Mistake, As This Change Could Open Space For Undue Assignments Of Paternity And Alimony, Even After The End Of The Relationship.
In Practice, Someone Who Has Lived In A Stable Union Could Be Held Responsible For A Child Produced In Another Relationship Of The Ex-Partner, Until Proving In Court That They Were Not The Biological Father.
Marriage May Be Banalized And Stable Union Formalized In A Notary Office
Another Concern Highlighted By ADFAS Is The Banalization Of Marriage. The Project Allows The Act To Be Celebrated Without Witnesses, Without Proclamations, Without A Ceremony, And Even In A Virtual Manner, Without The Presence Of A Justice Of The Peace. For The Organization, This Weakens Legal Security And Transforms One Of The Pillars Of Civil Life Into A Simple Bureaucratic Procedure.
Furthermore, The Text Seeks To Consolidate A Maneuver Made By The National Justice Council (CNJ), Through Provision 149 Of 2023, Which Authorized Notary Offices To Register Stable Unions Without The Need For A Court Decision. This Measure, Signed By Minister Luis Felipe Salomão — Who Also Contributed To The Draft Of Pacheco’s Civil Code — Had Already Been Criticized By Experts. Now, It Could Gain Definitive Backing.
According To Regina Beatriz Tavares, President Of ADFAS, “This Equating Between Marriage And Stable Union Generates Legal Insecurity And May Result In A Flood Of Judicializations.”
Socio-Affective Parentage And Multiparenting Without A Judge
The Project Also Radically Changes The Rules Of Socio-Affective Parentage. Today, For A Child To Be Recognized As Such, A Judge’s Analysis Is Necessary. The New Civil Code, However, Would Allow This Recognition To Be Made Directly In A Notary Office, By Agreement Between The Parties, Including For Adults.
This Would Open Space For Cases Of Multiparenting, Where A Person Could Have More Than Two Registered Parents Or Mothers On Their Birth Certificate, Without A Court Decision. The Organization Also Warns That The Project Does Not Prevent A Triad From Registering A Child As Being Of All Participants, Institutionalizing Polygamous Arrangements.
Similarly, The Proposal Provides For The Possibility Of Adoption Of Adults In A Notary Office, Without Judicial Intervention. For ADFAS, Allowing Adoptions Only By Public Deed Would Be “Unacceptable”, As It Compromises The Careful Analysis Required In Such Delicate Cases.
“Parental Family” May Generate Confusion And Disputes Over Assets
Another Controversial Concept Introduced By The Project Is The “Parental Family”, Which Recognizes As Family Relatives Who Live Together — Whether Ascendants, Descendants, Collaterals, Or Socio-Affective. This Category Would Allow Formalization In A Notary Office And Create Legal Duties Of Support And Assistance Among These Relatives.
From ADFAS’s Perspective, This Provision May Generate Inheritance Disputes And Alimony Claims Among Relatives Who Currently Do Not Have Such Obligations. Furthermore, Since The Project Facilitates The Creation Of Kinship Bonds Through Fast Paths, Such As Socio-Affective Parentage And Direct Adoption In A Notary Office, The Risk Would Be To Transform The “Parental Family” Into A Umbrella For All Types Of Social Arrangements, Including Polyamorous.
For This Reason, The Organization Advocates That The Law Should Establish Clear Barriers, Requiring Public Deed And Court Decision To Validate This Category, Preventing The Concept Of Family From Becoming Something Unstable And Subjective.
Assisted Reproduction: Right To Know The Biological Father At Risk
The New Civil Code By Pacheco Also Deeply Alters The Legal Treatment Of Assisted Reproduction. Article 1,629-K Of The Proposal Provides For Secrecy For The Gamete Donor, Allowing The Identity Of The Biological Father To Remain Concealed, Except In Rare Exceptions Authorized By A Judge.
For ADFAS, This Violates The Fundamental Right Of The Child To Know Their Genetic Origin. According To The Organization, The Law Should Ensure This Access Fully And Unconditionally, Without Depending On Court Decisions.
Next Steps In The Senate
The Temporary Committee Responsible For Analyzing The New Civil Code Of Rodrigo Pacheco Will Have A Period Of Eight Months To Examine The Text. Afterward, The Proposal Will Still Need To Go Through The Permanent Committees Of The Senate, Be Voted In Plenary, And Subsequently, Go To The Chamber Of Deputies.
If Approved, The New Civil Code Could Redesign The Legal Foundations Of The Brazilian Family, Provoking One Of The Most Significant Changes In Legislation Since 2002. However, Experts Warn: If Approved As It Stands, The Text May Plunge The Country Into A Scenario Of Legal Insecurity, Mass Judicializations, And Social Conflicts That Shake The Very Definition Of What Family Is.
And You, How Do You View The Changes Proposed In The New Civil Code? Do You Believe That Expanding The Concept Of Family To Arrangements Such As Multiparenting, Notary-Registered Stable Unions, And Inheritance For Lovers Can Bring More Justice And Inclusion, Or Do You Think That It Opens Dangerous Loopholes That Put The Legal Security And The Pillars Of Family Life In Brazil At Risk?
Source: Gazeta do Povo
E esse Pacheco não é aquele que apoia Bolsonaro? Uai se for não parece estranho o cara não defende a família brasileira!🤔
Como o ditado, querem criar o caos para depois vim com a falsa solução 🤔🤮.
Será que quem teve essa ideia nao seria porque necessita disso o alguém próximo .
Porque tamanho atrocidade não poderia vim de alguém que o povo confiou seu voto não.Ou seria?
E a voz do povo não conta?