Contrato de fidelidade: As consequências jurídicas na responsabilidade extrapatrimonial diante da violação do dever de fidelidade no matrimônio

Abstract

The present work aims to present a study on the fidelity contract that could be agreed upon in case of divorce due to breach of the duty of fidelity. The objective of this study is explore the possibility of compensation for moral damages resulting from marital infidelity. The method used for the construction of the present study was the deductive hypothetical, with exploratory and descriptive research, pointing out relationships to be found in the thematic proposal. Through the discussion in which the moral damages established in the act of signing the contract, depending on the amount agreed between the spouses or spouses, could act as an implicit limit to that relationship, that is, determine the extent to which there is mutual affection for constant maintenance marriage. In this way, we conclude that by demonstrating the existence of conflicts through the confession of the matrimonial society where negative feelings of anger, frustration and desire for revenge, compensation is demanded, above all, for violation of the obligations of marital fidelity, and the moral damage must be duly compensated, complemented by off-balance sheet liability.