A possibilidade de indenização por danos morais advindos da infidelidade nas relações conjugais.

Abstract

This study aims to examine, from doctrinal and jurisprudential understandings, the hypothesis of reimbursement arising from extramarital relations, based on family and moral damage constituted in the misfortune of the spouse or companion betrayed. The objective is to investigate through bibliographical research the possibility of applying the indemnification for moral damages resulting from infidelity. The first part of the paper presents concepts and characteristics of the family institute, marriage and stable union. After that, the second part presents an approach about the civil liability institute, and finally, the third part analyzes the theme itself, seeking the positioning of the courts and concepts that support and explain the theme. The method used to gather information was through bibliographic research and jurisprudence. Finally, the research carried out confirms that the breach of the duty of reciprocal fidelity can have negative consequences and give rise to a request for compensation.