BRAZIL Trends and Developments Contributed by: Mauricio Ejchel, MF Ejchel International Family Law
Brazilian Family Law and the 2025 Civil Code Reform For more than two decades, Brazilian family legislation has operated under a visible and growing asymmetry between statutory rules and the reality of contempo ‑ rary family relations. Social dynamics evolved rapidly, while codified law remained largely anchored in concepts drafted at the beginning of the 20th century. The courts were therefore compelled to fill normative gaps through constitutional interpretation and individ ‑ ualised adjudication, producing protection in concrete cases but also fragmentation, uneven standards, and reduced predictability, particularly in matters involving the economic effects of family dissolution and suc ‑ cession. The 2025 Civil Code reform proposal, introduced as Senate Bill No 04/2025, represents the most signifi ‑ cant structural transformation of Brazilian family and succession law since the Civil Code entered into force in 2002. Rather than technical revision, the reform reflects a deliberate reorganisation of the legal system, shifting emphasis from mandatory state intervention to quali ‑ fied private autonomy, from judicial control to preven ‑ tative institutional oversight, and from rigid statutory solutions to more adaptable legal arrangements. Its central purpose is to realign family and succes ‑ sion law with current relational patterns shaped by longer life expectancy, diversified family arrange ‑ ments, increased economic participation by women, international mobility, assisted reproduction, and the growing relevance of non-patrimonial interests within private life. Rather than reproducing isolated judicial construc ‑ tions, the proposal offers a coherent statutory reor ‑ ganisation capable of restoring systemic consistency and strengthening legal certainty. One of the defining aspects of the reform is the redefi ‑ nition of the balance between state intervention and individual autonomy and self-determination.
Protective objectives continue to guide the reform, with special attention being paid to children and dependent spouses. The reform shifts emphasis towards informed con ‑ sent, proportionate corrective tools, and preventative institutional oversight, while reserving judicial inter ‑ vention for situations involving real conflict or abuse. It functions as the opening historical bridge of this article and should appear as the first substantive nar ‑ rative paragraph of the chapter that introduces the evolution of Brazilian family law, framing the transition from the 1916 Civil Code through the 1988 Constitu ‑ tion and the 2002 Civil Code, and preparing the reader for the analysis of the current reform. Historical Background and Legislative Rationale Family law in Brazil has historically reflected prevailing social structures. The Civil Code of 1916 was grounded in a hierarchical and patriarchal conception of family life, concentrating authority in the husband, restricting the legal capac ‑ ity of women, and enforcing rigid distinctions among children. Marriage functioned as an indissoluble institution ori ‑ ented towards patrimonial continuity and social disci ‑ pline. Although divorce was later introduced through constitutional reform in the late twentieth century, the original model of 1916 illustrates the rigidity from which Brazilian family law emerged. From the patriarchal structure of the 1916 Code to the constitutional reorientation introduced in 1988 and the partial legislative adjustment embodied in the Civil Code enacted in 2002, Brazilian family law evolved through successive stages that did not fully assimilate the depth of social transformation. While the 2002 Code absorbed core constitutional principles, its interventionist design and standardised family model soon proved insufficient in practice. Against this background, the current reform presents itself as a careful and overdue renewal of family and succession law. It seeks to restore coherence and
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