Socially vulnerable families and succession in the Civil Code Reform - Negotiation Law as a tool for implementing the legal protection of family ties

Abstract

The Reform of the Civil Code under Bill No. 5/2025 was conceived with the aim of modernizing and adapting Brazilian legislation, consolidating jurisprudential interpretations, among other goals. However, it reveals significant gaps with respect to socially vulnerable families, which are plural and diverse in nature—raising Contractual Law as a potential tool. In light of this, the present article aims to analyze how Contractual Law can serve as an instrument for ensuring legal protection of family ties in situations of social vulnerability, with emphasis on succession law provisions, in the face of legislative gaps in the proposed Civil Code Reform and the need to reconcile private autonomy with constitutional principles and the social function of justice. A literature review enabled the conclusion that Contractual Law, in the context of such gaps, proves to be of critical importance for these families. In the absence of legal provisions, social practices and existing contractual instruments—whether reinforced or newly developed—may provide legal certainty in family and succession relationships. This legal tool thus strengthens autonomy, allows for personalization and the expression of private will, and serves as a mechanism for safeguarding rights, ensuring legal protection, promoting accessibility and social inclusion, and preventing future conflicts.