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Brazil legal updates: New civil status for stable unions and STJ rulings on family law
Brazil's legal landscape regarding family structures is seeing significant developments through both legislative and judicial channels. In the Chamber of Deputies, the Constitution and Justice Committee (CCJ) approved a proposal to formally establish 'convivente' as a civil status for those in stable unions (união estável). This status would be officially recognized upon the registration of a judicial sentence or act confirming the union, providing greater legal security regarding inheritance and property rights.
Separately, the Superior Tribunal de Justiça (STJ) has clarified the distinction between a stable union and 'qualified dating' (namoro qualificado). In a recent ruling, the court's Third Panel decided by a 3-2 margin that a relationship involving engagement and a child does not automatically constitute a stable union. The majority opinion, led by Minister Ricardo Villas Bôas Cueva, emphasized that a stable union requires a proven present intention to constitute a family, whereas qualified dating lacks this specific legal intent.
Additionally, the STJ ruled that lifelong alimony established in a public deed is not irrevocable. The court determined that such payments remain subject to the Civil Code, allowing for review or termination if the circumstances justifying the support change, such as when a recipient returns to the workforce.
Entities
Câmara dos Deputados · Erika Kokay · Nancy Andrighi · Ricardo Villas Bôas Cueva · Superior Tribunal de Justiça