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- 25/08/23

In the year marking its 20th anniversary of effect, a comission of jurists has been established with the task of updating the brazilian civil code.

Last Thursday (24), the President of the Senate, Rodrigo Pacheco, issued a resolution to establish a commission tasked with proposing amendments to the Brazilian Civil Code (Federal Law No. 10.406, dated January 10, 2002). Luis Felipe Salomão, a judge from the Superior Court of Justice (STJ) – the highest court in the Brazilian federal system, excluding constitutional and other specific matters – will be the chairman of the commission, which will consist of thirty-four (34) members, including professors, judges, and jurists with an unblemished reputation.

The commission’s objective is to modernize the Brazilian Civil Code, which completed twenty (20) years of effectiveness this year and requires amendments to adapt to the social reality brought about by the digital revolution. The Brazilian Civil Code was essentially outdated from its inception, taking several decades to be developed and over thirty (30) years in the legislative process before being enacted in 2002. Although it was not prepared to regulate the current world, given its jurisdiction over all private relations, amendments shall be adopted with utmost caution and care.

The commission will have one hundred and eighty (180) days to draft and submit to the Presidency of the Senate a draft of the proposed amendments to the Brazilian Civil Code. Subsequently, the Presidency will be responsible for forwarding the draft in the format of an amendment to the bill for analysis and, ultimately, for voting in the legislative chambers.