Family Law

Brazil’s Supreme Federal Court has ruled that every mother, whether biological or adoptive, is entitled to 120 days of maternity leave, extendable by another 60, regardless of her type of employment. The rules that shortened leave for adoptive mothers were declared unconstitutional.

Shared custody is no longer an option reserved for couples who get along. It is now the rule in Brazilian family law. When parents separate, the law presumes that both remain responsible for raising their children, sharing decisions and duties even if they live at different addresses.

Guardianship (curatela) is no longer the rule for people with disabilities. It is now an exceptional measure, limited to financial and business matters. Knowing when it applies helps you avoid an unnecessary lawsuit and protects the assets of someone who can no longer make decisions alone.

Brazil’s civil registry allows a person to have a biological father and a socio-affective father at the same time. Learn when multiparenthood is recognized and what effects it has on a person’s name, inheritance, and child support.

The name and penalty for bodily injury change with the damage done to the victim’s body and health. Knowing how minor, serious, and very serious injuries differ helps anyone who has been attacked, especially at home, to get a forensic examination on time, document the facts methodically, and protect their family from the consequences of violence.

When court-ordered support (pensão alimentícia) goes unpaid, the law gives the person who is owed one of the most forceful tools in civil procedure: the debtor’s imprisonment. At the same time, the legal system offers ways to pay off or renegotiate the debt for those who face real hardship and act in good faith. Understanding both sides of this mechanism is critical, whether you are the creditor seeking support or the debtor who wants to get current without losing your freedom.

Disputes over parking spaces, hallways, and the use of common areas are among the most frequent conflicts in apartment buildings and horizontal condominiums. The condominium bylaws and house rules define what each resident may do and point to ways of resolving a standoff before going to court.

Legal recognition of paternity establishes the legal bond between a child and a father and opens the door to rights ranging from the family surname to inheritance. The process can be voluntary or court-ordered, and it has lasting legal effects for both sides.

When a marriage ends without agreement, a contested divorce becomes the way to have a judge resolve the issues the couple could not settle on their own. Understanding how this process works helps reduce surprises and protect the rights of both spouses.

Recognition of paternity is the legal act that establishes the parent-child relationship between a father and a child, creating rights and duties that range from the child’s name to inheritance. It can happen voluntarily, at a notary’s office (*cartório*), or by court order, in which case a DNA test is usually decisive. Understanding each path helps families secure legal protection for the child, and for the adult who seeks recognition of his or her origins.

Long before any conflict arises, your choice of property regime determines what belongs to each spouse and what gets divided in the event of divorce or death. Partial community property, universal community property, separation of property, and final participation in acquests (property acquired during the marriage) produce very different financial outcomes, and the right decision depends on each couple’s particular situation.

The legal path to adopting a child or teenager in Brazil follows steps set out in the Child and Adolescent Statute. They run from court approval, through the registry of prospective adoptive parents, to the trial period of living together that comes before the final adoption.

Brazilian inheritance follows an order set by law, in which descendants, ascendants, and the surviving spouse hold a prominent position in dividing the assets left behind.

The marital property regime determines how a couple’s assets are divided in a divorce or when one spouse dies, and Brazilian law provides four distinct models.

When a minor child causes harm to another person, the law presumes the parents are liable on a strict liability basis, without requiring proof of direct fault. The duty of supervision and custody determine who is responsible, and the child’s age sets the limits of that obligation.