O dever de indenizar em face da infidelidade conjugal

Abstract

Marital infidelity has increased in our society. This kind of embarrassment has been going on for many years, however, considering that the modern world context is marked by an intense technological and informational evolution, cases of infidelity between spouses are being discovered in a much more accessible way. As a result, studying this topic is of paramount importance to find answers to questions raised by society as marital infidelity is frowned upon by the whole community and it is uncomfortable for everyone. Thereby, a question emerges: should this behavior be indemnified? This study was performed to examine the institute of civil liability in the face of marital infidelity. The possibility for the damage-causing agent to indemnify the spouse due to the breach of marital duty to be faithful was also evaluated. Legal provisions, jurisprudential points of view, doctrinal understandings, theses, dissertations, and articles were analyzed. This analysis showed that morally indemnify responsibility only applies when injury to dignity, psychic traumas, exposure to ridicule, and embarrassment can be proven by the offended spouse. In the absence of these elements or some of the other requirements of civil liability such as conduct, fault or intent, and causal link, it is difficult for the Judiciary to accept the claim for damages.