COMPENSATION FOR MORAL DAMAGE RESULTING FROM MARITAL SEPARATION

Abstract

The theme of the work aims to analyze the possibility of granting compensation for moral damage resulting from the breakdown of a marital relationship and to which cases it would be applicable. It is true that, as a rule, the end of a marriage generates a certain degree of suffering for both spouses, but there are cases in which such suffering is increased as a result of situations of embarrassment and humiliation that attack the image, honor and dignity of the partner. . Thus, this study brings together a compilation of jurisdictional and doctrinal positions, in addition to an analysis of the legislation relevant to the case to define the situations in which, from divorce, a sentence for compensation for moral damage may result. To this end, a bibliographical review was used as the main means of research, the objectives of which are: the definition of marriage and moral damage and the verification of the application of moral compensation in the case of divorce. Finally, it can be seen that compensation for moral damage does not arise from the divorce itself, but from situations that go beyond the suffering that is considered normal, due to the exposure of one of the parties to humiliation, shame or embarrassment.