Conflict between the Constitutional Intimacy/Privacy Right and the Matrimonial Duty of Loyalty

• Main Author: Men, Francielle
• Publication Date: 2009
• Other Authors: Fermentão, Cleide Aparecida Gomes Rodrigues
• Format: Article
• Language: por
• Source: Revista Jurídica Cesumar - Mestrado (Online)
• Download full: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/1241
• topic: Intimacy; Privacy; Duty; Fidelity; Conflict.; Intimidad; Privacidad; Deber; Fidelidad; Conflicto.; Intimidade; Privacidade; Dever; Fidelidade; Conflito.

The article covers the conflict between the constitutionally safeguarded right of privacy and intimacy elevated to the law and guaranteed fundamental category intimacy and privacy and the duty of loyalty established jointly between spouses, which they have pledged during their formal marriage. It seeks to establish the extent to which a spouse can step in and "invade" the intimacy and privacy sphere of the other to ascertain whether the established matrimonially duty is being respected, that means no violation of such spheres constitutionally guaranteed and protected. It also reflects on how far such an invasion is lawful, when it should be allowed and when to stop not to fall into unfounded liberality. The used research method is based on the literature search, relevant articles to the considered matter necessary for carrying out the study, which allows focus on the issue with the wide scope, including positions that defend the "invasion" and those contraries of this procedure.