Reparação do dano moral em decorrência da infidelidade conjugal.

Abstract

This thesis aims to study the liability of the unfaithful spouse and moral damages arising from breach of the duty of reciprocal loyalty. Initially, the family institute and its relevant aspects will be analyzed, as well as several species of affective units present in the twenty-first century. In a second step, it analyzed the marriage and its consequences produced in the Brazilian legal system, including the duties acquired after the signing of the marriage covenant, then, is the explanation about the dissolution of the marriage bond, the breakdown of marital duties and civil responsibility of those who violate the obligation to be faithful. The method of approach used was the deductive in which part of the understanding of the diversity in the familiar construction to understand the impact caused by the marital betrayal, the method of procedure is guided by the historical study and evolution of the familiar cell. In view of the analysis, we can observe the prosecution of claims brought by the spouse betrayed seeking civil damages for the violation of the duty of reciprocal fidelity. This research involves subjective nuances, but judgments handed down by magistrates in Brazilian courts follow a trend of decisions unfavorable to the unfaithful spouse.