ALVES, R. F.; http://lattes.cnpq.br/8651196122111022; ALVES, Renato Filgueira.
Abstract:
The Internet’s advent revolutionized the media and enabled the birth of new ways of
interpersonal relationships, including the romantic sphere. From the moment that
married people or the one’s in a stable union participate in parallel romances through
the internet, they are performing acts of Virtual Infidelity against his partner from real
life. Thereby, the adultery cases in the real world, the virtual infidelity cases generate
a great number of animosities among those involved, thence the constant need of the
Law to accompany the social mutations, since it is a new duty of the Law to worry in
handle the damage caused by affective relationships with thirds in virtual
environment, based on the breach of fidelity and even loyalty, that are duties inherent
to marriage and stable union. This research aims to investigate the frequency that
the virtual infidelity occurs, its shape, the causes and consequences to the law world,
in order to bring to the surface the comprehension of the dimension of the acts
practiced in the virtual world in the law environment. Specifically consists in analyze
the relationships and infidelities occurred in the virtual environment, to conceptualize
the traditional and virtual relationships, drawing a parallel between those, to
investigate how it is developed the virtual infidelities relationships, to explain the
juridical consequences of virtual infidelity, and to promote new discussions about the
subject, aiming to contribute with the science dynamism of Law. It is a qualitative
research, performed by the historical-evolutional procedure method, since it is very
important to understand the origins of the infidelity modern face so we can properly
conclude the juridical consequences of those acts. The research technique used was
the indirect bibliographic documentation, simultaneously to the deductive method,
using doctrine, jurisprudence and legal devices that can be applied in virtual infidelity
relationships, scientific articles and related. At the end of the study is raised the
problem about the lack of uniformity and the probable lack of justice in cases about
virtual infidelity, caused by the absence of a legal device that unifies concepts,
causes and consequences of those actions.