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Civil Code Reform Project Proposes New Rules for Dependents in Divorce Cases, Alters Succession Rights, Recognizes Socio-Affective Bonds, and Includes Digital Assets and Legal Protection for Animals.
The proposal to update the Civil Code being debated in Congress expands the definition of who can be considered a dependent after divorce and thus allows ex-spouses to jointly cover the expenses of individuals who can prove economic dependence — including in-laws.
The text is part of the Bill No. 4/2025, presented in the Senate, which redesigns relevant sections of family and succession laws, creates rules for digital assets, and recognizes specific legal protection for animals, among other changes.
The Bill is under review and may still undergo changes before a possible vote in the Plenary.
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Alimony and Dependents After the End of Marriage
According to the text, the obligation to cover expenses is not limited to children.
The term “dependents” has been incorporated into the provision that addresses the sharing of responsibilities after divorce, which, according to specialists, allows for broader interpretation by judges.
“When you place it under the term dependents, you allow for a very expansive interpretation,” says attorney Sandro Câmara, citing the possibility of including mother-in-law, siblings, brothers-in-law, and cousins who can prove financial dependence.
Attorney Alexandre Dalla Bernardina notes that proof of dependence is a central requirement for any obligation of this nature.
The discussion is part of an effort to have the reform protect vulnerable people who, although not children, depended on that family unit.
Supporters of the change argue that the provision prevents the entire burden from falling on a single ex-spouse and aligns the law with contemporary family arrangements.
Family, Multiparentality, and Recognized Unions
The package also recognizes socio-affective bonds and paves the way for multiparentality, allowing a child to have more than one father and/or mother on the registry, even without a biological link.
In addition, it formalizes in the Civil Code the recognition of same-sex unions, consolidates the possibility of unilateral divorce, and permits changes in property regime at the notary, which previously required a court decision.
“Sunset Clause” in Prenuptial Agreements
Another innovation is the so-called “sunset clause” in prenuptial or cohabitation agreements.
In this framework, the couple can specify that a property regime will be valid for a certain period and, automatically, convert into another — for example, total separation in the early years and then partial communion.
The proposal enhances private autonomy and provides predictability for long-term asset planning.
Successions: Spouse Ceases to Be Necessary Heir
The reform alters the succession order by removing spouses and partners from the category of necessary heirs, which would only include descendants and ascendants.
The survivor remains in the lawful succession, but in third place, behind children and parents, and loses entitlement to private assets in various scenarios.
The text also provides for the annulment of gifts to lovers made by a married person or someone in a stable union up to two years after the dissolution of the union.
To mitigate vulnerabilities, the project reinforces mechanisms such as successive usufruct for the spouse without sufficient income, to be assessed in the inventory.
The measure acts as a protective network for use and enjoyment, distinct from property rights.
Time Frame to Claim Inheritance
In procedural terms, the Bill sets a five-year time limit for an heir to claim their share, starting from the opening of the succession (date of death).
The proposal reduces the currently practiced period in decisions that allow for ten years and aligns the Code with the established understanding of the STJ regarding the starting term.
Inheritance and Digital Assets
The project creates the category of “digital assets”, encompassing accounts, assets, and electronic records with economic, personal, or cultural value — such as crypto-assets, airline miles, and social media profiles.
Private messages would not automatically be accessible to heirs: access would require prior authorization from the holder or judicial authorization in justified cases.
DNA and Paternity Recognition
Regarding filiation, the proposal shifts the burden of proof: notified by the notary, the man indicated by the mother must acknowledge paternity or undergo a DNA test.
If he refuses, the record may include his name based on the presumption arising from silence, securing the right to contest later.
The goal is to expedite extrajudicial recognition and reduce litigation, aligning with the guideline currently adopted by jurisprudence, which treats refusal to undergo the exam as relative presumption.
Guardianship and Advance Directives
The draft also authorizes advance directives for potential loss of lucidity, allowing a person to pre-appoint a trusted guardian and establish guidelines regarding their personal and financial management.
The instrument seeks legal security for families and professionals involved in assisted decision-making.
Animals Cease to Be “Things” and Gain Their Own Protection
In Civil Law, animals are no longer treated as mere movable assets and now have specific legal protection, including provisions for compensation for mistreatment and treatment compatible with their sentient nature.
The change reflects ongoing discussions in other areas of legislation and meets demands for the welfare of animals.
And What Happens Now
The PL 4/2025 is currently under analysis by a temporary Senate committee established to discuss the modernization of the Code.
After that, the proposal needs to go through the Plenary and, if approved, the Chamber of Deputies. Only then can a final text be sanctioned and come into effect after a waiting period.
Until then, no rules change in practice; the debate remains open and may produce significant adjustments along the way.
In light of such a comprehensive text, which point do you consider most sensitive to the real lives of Brazilian families: the broadening of the concept of dependent, the new inheritance rules, or the changes in paternity recognition?
Bando de malucos. Esse é o pior Dongresso de todos oa tempos. E tanta coisa absurda que eles querem aprovar nesse Código Civil, que acho melhor deixar como está que mudar qualquer coisa. Estão viajando completamente!
Estão querendo mesmo é acabar com o casamento. Quem é que vai querer casar sabendo que se não dá certo vai ter que sustentar sogra,cuidado, **** e papagaio. As coisas estão de mal a pior. Quando vc acha que as coisas não estão boas é surpreendido com esses absurdos.
Concordo, onde vamos parar
Tudo erado não podemos sustentar terceiros, não podemos ficar fora da herança, só acho certo no reconhecimento da paternidade tem que Obrigar o pai a fazer o DNA