A responsabilidade civil por infidelidade conjugal: análise da aplicabilidade dos danos morais em casos de traição

Abstract

This article aims to analyze compensation for moral damages, in cases of betrayal, weighing up the positions so as not to cover reparation in all cases, but also not the lack of applicability of the institute in these situations. To this end, this fact will be analyzed in the context of civil law, in the areas of family law and the law of obligations, as well as constitutional law. Thus, the general objectives are to demonstrate the incidence of civil liability for marital infidelity. The specific objectives are to understand the liability arising from a breach of the duty of reciprocal fidelity between spouses and to link the matter with personal and contractual rights, the principles of family law and the rights that form part of marital relations. At this point, the methodology used for the research was the hypothetical deductive method and the research technique used was bibliographical and documentary research in doctrinal works, in the Brazilian legal system, in the weighting of positions on the subject, analyzing jurisprudence, the right to personality to honor and the dignity of the human person. In order to present the possibilities of when moral damages should really be applied in cases of betrayal and breach of the duty of fidelity, especially considering the changes in the law and also cultural changes in relation to the family field. Finally, it can be concluded that civil liability for marital infidelity is appropriate, but not only in public and vexatious situations, but also in cases of serious damage, which must be weighed up.