O rompimento do laço afetivo e a reparação de danos morais na dissolução do matrimônio

Abstract

The family is an important institution in society and in the legal system. The theme of affection has been gaining more and more space in comprehensive discussions on Civil Law. The present study is located in this same sphere, dealing with Family Law and the possibility of applying the Civil Liability institute in cases of non-compliance with marital duties in affective-conjugal relationships. This study is relevant due to the observation of a broad judicialization of demands, whose main objective is to repair extra-patrimonial damage, when marital duties are breached. Even though the Civil Code imposes rights and duties on both spouses, there is no explicit provision for any sanction due to its violation, which is why, in order to claim compensation, the general rules of civil liability must be met. In order to provide legal support to possible victims of adultery, it is necessary to understand the particularities of moral damage, compensation, the particularities of marital relations and fidelity, also an understanding of basic principles, as well as concepts and interpretations of affection, relationships and duties. marital relations, marriage, stable union and effects of marital dissolution. Accountability through moral compensation is the way that the spouse who feels injured uses to compensate for some of their suffering, it is the way they have to achieve justice. It is concluded from this study that the current understanding is that there is the possibility of applying the assumptions of civil liability through the conduct of the unfaithful spouse, however, the violation of reciprocal fidelity in itself does not generate an obligation to compensate. The demanding requirements to apply the rules of articles 186 and 927 of the CC must be duly proven. In view of the demands filed, it is necessary to accept compensation in cases of infidelity in affective-marital relationships, as a means of ensuring the protection of human dignity, personality rights, as well as the psychological integrity of the consort, as guaranteed by the Constitution Federal Law of 1988.