COELHO, J. P. A.; http://lattes.cnpq.br/9614578578595483; COELHO, João Petro Araújo.
Resumen:
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.