The property regime chosen by the spouses and cohabitants is relevant not only at the time of their dissolution, but also during the course of the marital relationship, with regard to the administration of assets and in relationships signed with third parties. The freedom to choose the patrimonial rules that will be in force throughout the marriage and stable union, including the possibility of changing them, translates into the implementation of the private autonomy established by the 1988 Constitution. Conversely, the infra-constitutional legislator, in art. 1,639, paragraph 2, of the Civil Code of 2002, when requiring the filing of legal action, with the need to present a fair reason, the reasons invoked will be assessed by the Judiciary, in addition to the need to prove that there is no harm to third parties , promoted strong state interference in private matters involving available rights. This work proposes a critical analysis, based on the civil-constitutional methodology, of the current discipline of changing the property regime in the light of marital autonomy, with the aim of demonstrating that this exacerbated State interference in the context of family patrimonial relations is not consistent with the precepts of the Democratic Rule of Law, making it essential to de-judicialize the aforementioned procedure. The possibility of modifying the regime by the couple through extrajudicial means not only guarantees the autonomy fostered by the order but also guarantees the protection of the spouses and cohabitants themselves, in addition to the interests of third parties in good faith, given the legal tools already provided for in the legislation in force.