New Civil Code debates same-sex union, inheritance and pets


This Monday, the 1st, the Senate Committee of Jurists entered the final stretch to update the new Civil Code.

The report must be completed and delivered to the President of the House, Rodrigo Pachecountil April 12th.

The commission is chaired by minister Luis Felipe Salomão, from the Superior Court and Justice and inspector of the National Council of Justice. The rapporteurs are jurists Rosa Maria de Andrade Nery and Flávio Tartuce.

Session in the Senate plenary – 03/16/2022 | Photo: Cristyan Costa/Revista Oeste

New Civil Code

Among other topics, the group discusses same-sex unions, animal rights and organ donation. Below are the main topics:

  • Same-sex union: According to the text, the marriage takes place when two free and unhindered people they express, before the celebrant, their desire to establish a marital bond and the celebrant declares them married. In the current text, there is talk of man and woman;
  • Animal rights: are now considered “living beings endowed with sensitivity and subject to legal protection”. Furthermore, the relationship between people and animals can cause a dispute over guardianship;
  • Multiparenting: biological and emotional fathers may have their paternity simultaneously recognized;
  • Fetus: the definition of the unborn baby becomes “pre-uterine or uterine human life potential”;
  • Polyamory: The term “coexistence society” was introduced in the text alongside “conjugal society”;
  • Inheritances: Spouses or partners can renounce the inheritance left in the event of the death of the husband or wife. Digital heritage becomes part of the inheritance of dead people;
  • Organ donation: the act will be permitted if the person has left in writing or in some document the desire to be a donor without the family’s authorization.

Read also: “The sentence has already been given”, article by JR Guzzo published in Edition 210 of Revista Oeste

The article is in Portuguese


Tags: Civil Code debates samesex union inheritance pets



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