O dano moral na ruptura da sociedade conjugal fundada na culpa.

Abstract

The present work has for purpose to analyze the compensation in the guilty rupture of the matrimonial society founded in the fault of one of the consorts, which is a comprenhensive theme, quite discussed in the doctrine and in the jurisprudence, and it finds help in the civil responsibility, that it adopts the general beginning of right that imposes to who causes damage the other person the duty of repairing. Such tool was introduced by the Brazilian Contitution of 1988 between the rights and fundamental guarantees, in the seart artigle 5th, X, already the susceptible causes to oral test for the author in the search of the repairing for the rupture of the matrimonial society for the defendant's fault, are listed in the artigle 1.573 of the Civil Code of 2002. In the concrete case, the juridical order has the pretension to preserve and to maintain the matrimonial bows. In this group many opinions appear: would there be compensation in the guilty rupture of the matrimonial society founded in the fault of one of the consorts? In that it weighs the discussion around the matter, through the existence of the reciprocal responsibility among the consorts, in the which the moral damage and the guilty matrimonial conduct, and the pertinence in the rupture of the stable union. It tried to evaluate in a precise and objective way, through a doctrinaire and jurisprudential research, a fair way to do to the spouse victim's repairing, in the rupture of the matrimonial society founded in the fault of one of the consorts; it was wanted to consider the quantification of the moral damage in the matrimonial context and the decisive excuses and its repairing in the sphere of the matrimonial society.