The new Brazilian Civil Code and the problem of material equality

Abstract

This essay embraces the insufficiency of the new Brazilian Civil Codeas an instrument to material equality, due to the way it was conceived, which is notable to absorb the social economic exclusion and dysfunctions derived from historicdomination, and will result in the enlargement between included and excluded ones, between who has a lot and who has nothing, contributing to social chaos. For not knowing the ideal of procedural democracy and minority respect, it reveals impotence to deal with the citizenship subject. The institutes and systematization it enclosedcouldn’t get free of social exclusion stigma. In other words, conditioned by ideological and economic reasons, the instruments to achieve equity, incorporated into the new civil legislation, seem unable to give to each one what is due as a fairer and more equaled society, which establishes the pillars of complete and collective citizenship.