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The New Bill Under Review in the Chamber of Deputies Proposes to Exclude from the Inheritance Parents Who Affectively Abandoned Their Children, Redefining Succession Rights and Family Responsibilities.
A new bill presented to the Chamber of Deputies promises to profoundly change the way Brazilian Justice deals with emotional abandonment and inheritance rights. The proposal, which is already causing intense debate among lawyers and on social media, states that parents who abandoned their children may be excluded from succession, losing the right to inherit their children’s assets after death.
The bill, identified as PL 767/2024, amends the Civil Code to include emotional abandonment as a cause of succession indignity — that is, a situation in which a person is considered morally unworthy to inherit. In practice, if the text is approved, those who neglected their duty of care and affection during the child’s life will not be able to benefit from their inheritance after death.
What the Bill Says
PL 767/2024 was presented by Deputy Fred Linhares (Republicanos-DF) and proposes to amend Article 1,814 of the Civil Code, which lists the situations in which a heir may be deemed unworthy. Currently, the law only provides for inheritance exclusion in serious cases, such as homicide against the author of the inheritance, intentional crime, violence, or forgery of a will.
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The proposal adds a new paragraph to the article, recognizing as unworthy anyone who “unjustifiably abandoned a descendant or ascendant, depriving them of companionship, material support, and emotional care”.
According to the bill’s author, the goal is to correct a “moral injustice” of the current system. Today, even parents who have never contributed emotionally or financially to raising their children can, by law, receive a portion of the inheritance when those children pass away — which has caused outrage in numerous families and led to long legal battles.
“It is unreasonable that a father or mother who never fulfilled their family obligations should benefit from the assets of the one they abandoned,” declared the parliamentarian while justifying the bill during deliberation in the Chamber’s Constitution and Justice Committee.
Legal Basis and Precedents
The issue is not new in legal circles, but it now has the chance to be consolidated into law. The Superior Court of Justice (STJ) has already recognized emotional abandonment as a cause for compensation in certain cases (such as REsp 1,159,242/SP, from 2012), establishing that moral damage can be configured when there is serious omission in the duty of parental care.
However, this responsibility is still established in civil actions, not in the inheritance realm. What PL 767/2024 does is transport the concept of emotional abandonment into inheritance law, equating it to crimes that already disqualify heirs due to indignity.
For supporters of the proposal, it represents a natural evolution of the system: affection has been recognized as a fundamental legal value in the Federal Constitution (Article 226) and in the decisions of the STF and STJ, and should now be reflected in property laws.
Impact on the Civil Code and Brazilian Families
If approved, PL 767/2024 could alter the balance of inheritances in thousands of families. Exclusion due to indignity is not automatic — it must be recognized by the court — but the mere existence of this possibility already changes the dynamics of family disputes.
Children who were abandoned and are now required to share assets with absent parents may petition the courts to exclude the parent from the estate. Conversely, parents who can prove they contributed, even modestly, to the support and education of their children may avoid punishment.
For family lawyers, the proposal creates a new paradigm: the right to inheritance is no longer merely property-based but incorporates an ethical judgment. It will no longer be sufficient to have a blood relation — it will be necessary to have minimally fulfilled the emotional and moral duties set forth in the civil legislation and the Constitution.
Debate Among Jurists: Moral Justice or Dangerous Subjectivity?
The proposal divides opinions within legal circles. Some experts see the proposal as a symbolic and moral victory, recognizing the suffering of abandoned children and holding accountable those who ignored their parental duties.
Others, however, warn of the risk of subjectivity: how can one prove unequivocally emotional abandonment? The term, while established in jurisprudence, depends on the analysis of emotional and family circumstances that are difficult to quantify.
There is also concern that the measure will lead to a mass litigation of inheritances, with children claiming abandonment even in distant relationships that are not necessarily negligent.
Even so, the consensus is that the bill opens a necessary discussion about the social function of inheritance — not merely as a simple transfer of assets, but as recognition of real bonds of care, presence, and responsibility.
International Comparison
Similar laws already exist in other countries. In Portugal, the Civil Code provides for the possibility of exclusion for moral indignity, including abandonment or lack of assistance to ascendants and descendants. In France, courts have also decided, on a case-by-case basis, to revoke the right to inheritance when there is proof of behavior contrary to family duty.
With PL 767/2024, Brazil is moving closer to these legislations, incorporating affection as a fully legal element in the property realm.
Next Steps in Congress
The bill is currently under review in the Constitution and Justice and Citizenship Committee (CCJ) of the Chamber, where it awaits an opinion. If approved, it will proceed to the Federal Senate before going to presidential sanction.
There is an expectation that the topic will advance in 2025, as part of the modernization package for the Civil Code, which includes other points such as stable union, digital succession, and property regime.
PL 767/2024 translates a popular sentiment for justice: those who abandon should not inherit. By placing emotional abandonment on the same level as serious crimes for succession purposes, the bill proposes a moral and legal revolution.
More than punishing, it seeks to reaffirm the social function of family and the value of care as a fundamental duty. If approved, it could become one of the most symbolic milestones of Brazilian civil reform this century — a watershed between blood and affection.
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Uma pessoa reagiu a isso.