A consequência jurídica da infidelidade nas relações afetivas

Abstract

In view of the duty of reciprocal fidelity, listed in article 1566 of the civil code, research was carried out on the legal consequences of infidelity in affective relationships, in order to identify them. Therefore, it was necessary to define the types of relationships, point out and explain the duties of marriage, analyze the definition of betrayal and its context in Brazilian law, as well as analyze whether the indemnity for moral damages arising from infidelity is appropriate. Then, a research was carried out involving scientific articles, doctrines, judicial decisions and the hypothetical deductive method, in which starting from the premise that the answer to the problem question is a hypothesis that the Brazilian legal system disapproves the violation of the duty to fidelity and, therefore, whoever fails to comply must indemnify the betrayed spouse. Therefore, it was found that due to the absence of specific legislation, each specific case must be analyzed by the judge, who will use his free will to condemn the traitorous spouse to compensate the other for moral damages, which imposed the finding that there must be sufficient evidence to convince the judge of the seriousness of the moral damage suffered by the betrayed consort.