Por uma conjugalidade responsável: sobre a compensação de danos morais por infidelidade conjugal

Abstract

The scope of this dissertation is is to analyze the possibility of civil liability for marital unfaithfulness in accordance to Brazilian current rules. Therefore, this investigation attempts to identify in which aspect(s) civil liability for marital unfaithfulness can – or cannot – take place. Other matters encompass whether law – in a broad sense – can aid in both preventing and refraining the issue. Moreover, it is attempted to assess how one should proceed when unfaithfulness has already taken place and how it affected the individuals involved. The entire discussion also takes important additional subjects into account, such as self-determination, state-imposed marital duties and social interest in the theme.