Codification and Family Law

the (in)convenience of a microsystem

Abstract

In the late twentieth century, the Brazilian legal system underwent a series of transformations that resulted in new ways of interpreting private law. One of the most significant was the proliferation of microsystems (such as the Consumer Protection Code). The success of this venture led lawmakers to apply the same logic to other areas. A little over eight years ago, various bills were proposed that aimed to restructure one of the traditional branches of private law (family law) by repealing book IV of the Civil Code (which regulates family law) in its entirety and creating a new microsystem: the Family(ies) Act(s). Most find this proposal appealing, as it would change the dynamics in this field. Too often, however, the consequences of such changes are not evaluated from a private law perspective. The purpose of this paper is to analyze, from a systematic point of view, the benefits (or drawbacks) of creating a new microsystem. Accordingly, it sets out to investigate the reasons that led to the autonomy of this branch of private law within the current system of codification and analyzes various attempts to create such a microsystem throughout the twentieth century. The advantages and disadvantages of microsystems will be addressed within a broader framework that goes beyond a strictly national outlook (thus placing Brazil into the global context of legal harmonization).