A responsabilidade civil em decorrência da prática do adultério no ordenamento brasileiro.

Abstract

Analyzing the family legal system presents itself as a constant challenge to jurists since the jurisprudential and doctrinal understanding changes concomitantly with the evolutions and changes that occur in society. Thus, with each new jurisprudential update, revisiting the theme gives rise to new positions, questions and answers that vary in the most diverse doctrinal lines. Based on this premise, the present research sought to analyze the possibility of civil liability in cases of adultery according to the national legal system. To achieve this, the deductive method was used, with the application of documental and bibliographic analysis techniques, to deal with jurisprudential, legislative and doctrinal documents. In that sense, it started from the historical analysis of the family legal system, in the codes of 1916 and 2002, for the characterization of marriage and the study of the principiology of the family order. Subsequently, the bases of civil liability were analyzed, distinguishing its essential elements, material, moral and existential injuries, and differentiating between objective and subjective liability. Finally, to achieve the characterization of adultery as a triggering event for the duty to indemnify, an analysis was made of marital duties and the consequences provided by law for the adulterous spouse. Thus, the present research was successful in its search by identifying the possibility of compensation for damages caused by adultery, as long as the existence of directly correlated damages is proven.