BRAZIL Trends and Developments Contributed by: Mauricio Ejchel, MF Ejchel International Family Law
Digital Assets and Succession The reform also incorporates specific provisions con ‑ cerning digital assets and the legal consequences of digitally mediated personal and economic lives. The proposal draws a clear distinction between patri ‑ monial digital assets and strictly personal digital con ‑ tent, aiming to enhance legal certainty in succession proceedings while safeguarding privacy interests. This inclusion reflects the broader objective of aligning family and succession law with contemporary forms of wealth and personal interaction. Modern patrimony increasingly includes financial and economic elements that exist exclusively in digital form, such as online accounts, digital credits, crypto- assets, and reward programmes. At the same time, private communications and personal data raise com ‑ plex questions concerning privacy and transmissibil ‑ ity. The proposal distinguishes between assets with eco ‑ nomic value, which may integrate the estate, and personal communications, which remain protected unless expressly addressed through testamentary disposition. This clarification enhances legal certainty and aligns succession law with contemporary tech ‑ nological reality, while balancing patrimonial interests and personality rights. Right to Knowledge of Biological Origin in Assisted Reproduction The reform establishes an inalienable and impre ‑ scriptible right for individuals conceived through assisted reproduction with donor material to access information about their genetic origin. Disclosure occurs through a confidential judicial procedure and produces no parental, patrimonial or inheritance effects. The rule balances identity inter ‑ ests with privacy protection, aligning domestic law with international developments favouring controlled transparency. Comparative experience demonstrates that regulated access to genetic origin information can co-exist with stable assisted reproduction systems. Implementation challenges include long-term preservation of records,
application to earlier donations, psychological prepa ‑ ration of families, and the development of counselling mechanisms accompanying disclosure. Custody and Care of Companion Animals Recognition of companion animals as sentient beings represents further modernisation of family law. In cas ‑ es of relationship dissolution, custody and visitation may be regulated based on welfare, routine and emo ‑ tional bonds. This approach consolidates existing jurisprudence, reduces the instrumentalisation of animals in dis ‑ putes, and promotes humane and socially coherent outcomes. Practical Implications and Legislative Next Steps The reform positions Brazilian family and succession law within a broader international movement that favours autonomy, pluralism, and proportionate legal protection. By reallocating functions and expanding the role of preventative legal instruments, procedural conges ‑ tion is expected to diminish, advance planning should become more prevalent, and litigation strategies will necessarily adjust to a less interventionist statutory environment. Effective implementation, however, depends on tech ‑ nical precision, consistent evidentiary standards, and rigorous notarial oversight, ensuring that increased flexibility does not translate into new forms of imbal ‑ ance or vulnerability. The proposal remains under legislative discussion, with room for amendment and refinement through public hearings, academic debate, and institutional dialogue. Regardless of its final wording, the reform already constitutes a decisive step towards aligning Brazilian family and succession law with contemporary social realities and comparative international standards. If enacted, these changes will reshape legal practice, redefine institutional roles, and place Brazil among jurisdictions that openly recognise the complexity of modern family relations while preserving constitutional commitments to dignity, solidarity, legal certainty, and the protection of vulnerable individuals.
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