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The Update of the Civil Code Entered a New Phase in the Senate, with the OAB Advocating Changes Affecting Contractual Rules, the Operations of Foreign Companies in the Country, and the Recognition of Digital Assets as Property Subject to Seizure
The Federal Council of the OAB presented technical contributions for the update of the Civil Code during a public hearing held on November 13. The meeting took place in the Temporary Committee of the Senate dedicated to the subject and featured the participation of legal experts, professors, and institutions.
The entity was represented by Pedro Alfonsin, president of the Special Commission on Civil Law, and its secretary, Clarissa Medeiros Cardoso.
The OAB consolidated its proposals after extensive national consultation involving sectional offices and thematic commissions.
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According to Alfonsin, the process should advance responsibly and through dialogue, as the reform involves over a thousand provisions and requires careful analysis.
Proposals Address the Social Function of the Contract and Foreign Companies
During his presentation, Alfonsin proposed the exclusion of the second paragraph of Article 421, which addresses the social function of the contract.
He argued that the concept is not yet consolidated in jurisprudence and needs greater maturity before being included in the legal text.
Another suggestion presented aims to improve the rules for the establishment of foreign companies in the country. For Alfonsin, this adjustment can stimulate investments and strengthen the business environment.
He also invited Senator Rodrigo Pacheco to a hearing at the Federal Council of the OAB aimed at listening to the legal community on the subject, an invitation accepted by the parliamentarian.
Digital Civil Law Enters the Update Agenda
The secretary Clarissa Medeiros Cardoso advocated for the inclusion of provisions related to digital civil law, based on principles of the General Data Protection Law and the Civil Framework of the Internet. She emphasized the importance of recognizing digital assets, such as miles and credit card points, allowing their seizure in judicial processes.
“Addressing this issue in the Civil Code is essential to align digital asset databases with legislation and ensure that virtual goods can be expropriated like any physical asset,” explained Clarissa Medeiros Cardoso.
