Dano afetivo nos relacionamentos conjugais

Abstract

The affective damage in the marital relationship is a topic that provokes many discussions. It is observed that several are the causes of the marriage rupture, the understanding of the possibility of indemnification resulting from this fact has generated great controversy. In this way the work developed seeks to understand the adequacy of the indemnification resulting from the breakup of the marriage. If the violation of legal norms and moral standards can cause liability, as well as which function to repair. It is observed that moral damage has developed throughout the various Brazilian laws, and the right to reparation for immaterial damage is recognized, which is established when damage occurs, but there is no reduction in equity. Family law seeks to understand the limits and principles for granting compensation for moral damages with the end of marriage. It is observed that the Constitutional Amendment no. 66/2010, has established that civil marriage can be dissolved by divorce. In this way it aims to understand when characterizing the moral damage in the breakup of marriage. Does a serious breach of conjugal duties that damages the other constitute the offender's duty to indemnify? The work will be developed through bibliographical research, through which documentary analysis of jurisprudence will be performed, in which we have numerous cases that deny civil reparation for moral damages in the breakup of the conjugal society. On the other hand, the case law is gradually forming opinions favoring compensation for moral damages by proving that the spouse has violated the rights of the other.