The Committee on Foreign Relations and National Defense approved on Wednesday (24) two Senate amendments to the Bill 791/07, of deputy Walter Ihoshi. The proposal authorizes consular authorities to celebrate the consensual separation and the consensual divorce of Brazilians that are abroad.  

The proposal, that changes the Law of Introduction to the Civil Code (Decree-law 4.657/42), is valid only in the case the couple does not have  under age or disabled children. The project was approved by the Chamber in 2009, but, as there were alterations in the Senate, the changes made by the senator need to be evaluated by the Chamber.

Of the two amendments made by the senators, one establishes that it is indispensable the assistance of lawyer legally constituted in the acts. The lawyer shall subscribe the petition, with both the parties, or only with one of them, if the other has its own lawyer. However, according to the amendment, it is not necessary that the lawyer has signed the public deed. The original text of the project approved in the Chamber excused the lawyer’s participation.

The rapporteur, deputy Renato Amary, was favorable to the amendment. “The lawyer’s participation guarantees the legality of the act, the protection to the right of the parties, as well as the accordance with the legislation in force”, he said. According to him, as the text exempts the lawyer’s signature at the moment the deed is executed, the parties can receive the due guidance and adjust the terms of the separation or diverse by telephone, email or mail. “The lawyer can send by mail the execution petition of the public deed”, he explained. 

Wording Adjustment
The second Senate amendment alters the syllabus of the bill, to make it more clear and objective and to adequate it to the principles established in Complementary Law 95/98. The syllabus original wording declares only that the project alters certain legal provision. The Senate text makes explicit the objective of the alteration: “to authorize the Brazilian consular authorities to celebrate the consensual separation and divorce of Brazilians that are abroad”.  
Objective of the project
The objective of the project, according to the rapporteur, is to extend to the Brazilian living abroad the same facilities and rights granted to the Brazilian citizens who live in the Country. The Law 11.441/07  altered the Code of Civil Procedures (Law 5.869/73), making possible to make inventory, partition, consensual separation and consensual divorce through administrative means, without the need of legal procedures. Therefore, with the proposal, the Brazilians who live abroad will not need to return to Brazil to formalize the administrative act in case of consensual separation or divorce of couples without under age or disabled children.