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Chamber Committee Declares All Marriages Involving Under‑16s Null

Strengthening legal protection for children by closing statutory exceptions, the CCJ set the bill to proceed to the Senate unless a deputy files a recurso for plenary review.

Overview

  • The Chamber of Deputies’ Constitution and Justice Committee approved a substitute that declares any marriage of people younger than 16 null and removes existing exceptions such as for pregnancy.
  • Relatora Ana Paula Lima (PT‑SC) drafted the substitute to fix technical flaws and to reconcile competing proposals tied to deputies Laura Carneiro (PSD‑RJ) and Dr. Fernando Máximo (PL‑RO).
  • The substitute judged Dr. Fernando Máximo’s PL 5011/2023 constitutionally acceptable but found it legally deficient and poorly drafted, leading to its rejection in the committee report.
  • The committee rejected a separate proposal to allow a single parent to consent to the marriage of 16‑ or 17‑year‑olds on the grounds that it would weaken parental authority and leave no clear rule for parental disagreement.
  • With the CCJ vote concluded in committee, the measure may be forwarded to the Senate under the Câmara’s conclusive procedure unless a deputy lodges a recurso that forces a plenary vote and delays the timeline.