Projeto de reforma do código civil: impactos na contratualização do direito de família

Abstract

This article analyzes the impacts of the proposed reform of the Brazilian Civil Code on the contractualization of Family Law, with the central issue being to identify how the legislative innovations affect private autonomy and the structure of prenuptial agreements. Starting from a historical contextualization of Family Law and the evolution of marital agreements in the legal system, the study examines how Bill No. 4/2025 expands the contractual freedom of spouses and partners, allowing for more flexible marital pacts, extrapatrimonial clauses, and the modification of the property regime through a public deed. The results show that the reform represents progress in the modernization of the civil system, bringing it closer to contemporary demands, especially regarding family and succession planning. However, it also demonstrates that such innovations require clear constitutional limits to prevent the commodification of family relations, patrimonial imbalances, and the weakening of vulnerable individuals. It is concluded that the reform offers relevant opportunities for legislative improvement, provided that it preserves the protective function of Family Law, ensuring a balance between private autonomy and legal certainty.