POSSIBILITY OF MORAL DAMAGE RESULTING FROM EXTRA-MAJUGAL PUBLIC RELATIONSHIPS

Abstract

This article sought to discuss the payment of compensation for moral damage to the spouse who was betrayed due to failure to comply with the duty of reciprocal fidelity due to the existence of an extramarital relationship with a public bias. The general objective was to verify the legal possibility of moral damage for the spouse who maintains a public extramarital relationship. The method used was deductive, analyzing data already available in other scientific works on the same topic. In addition, judicial decisions in specific cases and legislation regarding civil liability for failure to comply with the duty of reciprocal loyalty were observed. Among the results achieved, doctrinal understandings summarize the legal nature of marriage as contractual, with the duty of reciprocal loyalty being a contractual clause. It is concluded, based on national jurisprudence, that civil liability for moral damage resulting from failure to comply with the duty of reciprocal fidelity is possible as long as there is damage to the honor and image of the spouse who was betrayed and the constancy of a public relationship.