Indenização por danos morais decorrentes da violação dos deveres de fidelidade recíproca e de lealdade: análise dos acórdãos do Tribunal de Justiça de Santa Catarina

• Autor(a) principal: Goulart, Ana Carolina Campos
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15473
• topic: Danos morais; Infidelidade; Tribunal de Justiça de Santa Catarina

The present monographic work aims to analyze the judgments of the Santa Catarina Court of Justice regarding the indemnity for moral damages resulting from the breach of the duties of reciprocal fidelity and loyalty that were carried out between July 2010 and July 2020. For that, it was used an exploratory method, bringing decisions made by the Santa Catarina Court of Justice regarding moral damage due to loving infidelity, with a quantitative and qualitative approach, as well as a bibliographic and documentary data collection procedure. From the analysis of 31 judgments of the Santa Catarina Court of Justice, it was found that, of the 28 specific cases covered by the study, 5 of them (approximately 17.85%) had indemnity for moral damages granted due to marital infidelity, all referring to the matrimonial union, in which a special situation of embarrassment was mentioned, whereas, in relation to the remainder (approximately 82.15% of the cases), the indemnity claim was denied. Finally, it was concluded that the predominant understanding of the Santa Catarina Court of Justice matches with the majority doctrinal understanding, which is that, although infidelity constitutes the breach of a conjugal duty, it is essential to prove the requirements of the subjective responsibility, which are human conduct, guilt lato sensu, damage and causal link.