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Senate Committee Advances the Processing of the New Civil Code, Which Revises Over 900 Articles and Includes Topics Such as Digital Law, Inheritance, Multiple Parenthood, and Urban Property. Understand Until When the New Civil Code May Be Approved in Brazil.
The New Civil Code of Brazil is under review and may be approved by mid-2026. The proposal aims to modernize the laws in effect since 2002, adapting them to the social, economic, and technological transformations of the last two decades. Among the main areas of change are new rules about family, inheritance, property, and digital law, which could reconfigure parts of legal and civil relations in the country.
The text, presented in April 2024 by a commission of jurists to the Federal Senate, is being processed as Bill 4/2025. The expectation is that the vote will take place by July 2026, after a series of public hearings that extend until December 2025. Afterwards, the proposal will be sent to the Chamber of Representatives, where it is expected to go through another round of discussions before being forwarded for presidential sanction.
Timeline: When the New Civil Code May Be Approved
The work plan of the Senate committee was approved at the end of September 2025, with a deadline of eight months to complete the final report.
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The rapporteur will be a technical team that is reviewing approximately 900 articles of the 2002 Code, updating concepts and introducing contemporary topics, such as artificial intelligence, digital inheritance, and electronic contracts.
Among the main stages of the process are:
Public hearings until December 2025, with participation from jurists, representatives of civil society, and public agencies;
Presentation of the final report in March 2026;
Voting in the committee and in the plenary of the Senate by July 2026;
Analysis by the Chamber of Representatives, which should review the text before final approval;
Presidential sanction and promulgation, after the legislative stages.
According to the plan, the intention is to approve the New Civil Code before the end of the current legislature, although jurists warn that the process may extend due to the complexity of the text and the political disagreements surrounding it.
What Changes in Family Law and Inheritance
Among the most controversial topics is the reform of family and succession law. The draft proposal suggests removing spouses and partners from the list of necessary heirs, guaranteeing inheritance only if there is a will.
The measure seeks to broaden individual autonomy over the fate of assets, but faces criticism for potentially weakening the protection of partners who contributed to family wealth.
Another important innovation is the recognition of multiple parenthood and socio-affective ties, allowing children to be registered with more than two parents or mothers.
The proposal also opens the door for recognition of polyamorous unions, a topic that divides jurists and is expected to be the subject of intense debates during public hearings.
Furthermore, the text consolidates the right to digital inheritance, ensuring that accounts, assets, and virtual profiles can be legally transferred or managed after death, something that until now lacked clear provisions in Brazilian legislation.
Digital Law and Artificial Intelligence Enter Civil Law
For the first time, the New Civil Code incorporates rules about the digital world. The text defines responsibilities of platforms, data protection, and legal effects of automated decisions.
It also regulates damages caused by artificial intelligence systems, a sensitive topic in a context of increasing service automation.
Jurists involved in the draft proposal state that the intention is to create a balance between technological innovation and legal security, avoiding loopholes that could encourage abuses or hinder accountability for failures in automated systems.
The project also addresses inheritance of digital assets, such as cryptocurrency wallets and cloud-stored content.
Property, Contracts, and Limitation Periods
In the field of property law and contracts, the New Civil Code modernizes extrajudicial possession, allowing the regularization of properties to occur more quickly in notary offices, without the need for legal action.
The proposal also reinforces the right of surface ownership, making it more autonomous and suitable to serve as collateral in financial operations.
The limitation periods, that is, the time limits for asserting rights in court, will also be simplified and unified to five years for most cases, reducing the complexity of procedures.
In contractual matters, there is a reinforcement of freedom between the parties, but experts warn of risks of imbalance in consumer and labor relations.
Controversies and Challenges in the Processing
The New Civil Code is already surrounded by controversies. In addition to disagreements about inheritance and family unions, there are criticisms regarding the lack of broad social participation in a project that will directly affect the daily lives of millions of Brazilians.
Jurists and civil entities argue that the complexity and scope of the changes require more time for public debate before the final vote.
Other points of concern include the judicialization of sensitive topics, such as the recognition of multiple unions, the regulation of AI, and the new inheritance rules.
Experts warn that, without clarity and uniformity in the wording, the new law may increase legal disputes instead of reducing them.
Nevertheless, the Senate is betting on a political consensus to approve the text within the deadline.
The rapporteur is expected to propose gradual adjustments in controversial areas to avoid a standstill in processing, preserving the goal of voting by July 2026.
The New Civil Code represents the largest legislative revision in the country in over 20 years, with direct impacts on the civil, family, and property lives of Brazilians.
Amid innovations and controversies, the text promises to modernize legislation and adapt national law to the digital age, but it also carries the risk of generating new legal disputes if there is no precision and balance in its definitions.
Do you believe that the New Civil Code will modernize Brazilian justice or create more legal insecurity? Share your opinion in the comments, we want to hear from those closely following the changes in legislation that affect us all.
Toda mudança trás conflitos, mas é necessário pois com as mudanças globais é algo necessário, mas está longe de ser o que precisamos, a lei marca da penha e alienação parental tem necessidade de mudanças e não vejo comentar mudanças.