DANOS MORAIS PELO DESCUMPRIMENTO DO DEVER CONJUGAL DE FIDELIDADE RECÍPROCA: UMA REVISÃO DOS PRECEDENTES DO STJ

Abstract

The present work aims to analyze the possibility of applying the liability of moral damage in marriage resulting from the breach of marital duties of reciprocal fidelity; life in common, in the conjugal domicile; mutual assistance; support, care and education of children; respect and mutual considerations listed in article 1566 of the Brazilian Civil Code of 2002. Initially, it presents an analysis of the institute of family and marriage. It establishes an analysis of the constitutional principles in family law, highlighting the principle of human dignity and the principle of equality between men and women. It also makes an observation about the duties imposed on the spouses and follows the study of moral damage, presenting an overview of their admissibility in family relationships. After, it positions an analysis of the jurisprudence about the application of moral damage in marital relations, seeking to identify hypotheses of serious infringement in which compensation would be appropriate. Finally, the research concluded by the possibility of such applicability, provided that the existence of moral aggression and the violation of good faith, in this case, were verified.