“Possibilidade jurídica do pedido, procedimentos, competência e cumulação de pedidos entre ações de reparação de danos morais e ações relacionadas a relacionamentos afetivos”

• Autor(a) principal: Sipoli, Diego Diament
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33864
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Procedimento; Competência; Dano moral; Relação conjuga; Procedure; Jurisdiction; Moral damage; Marital relationship

Humans have relationships since the beginnings of human life, being these relationships part of their nature. These relationships have been in different forms, such as the open relationship, polygamy or monogamy. Besides the conceptual differences, the relationship between genders has suffered several changes on its legal treatment. The most important legal changes related to marriage in Brazil are: (i) the change of the matrimony from the solely sacred to the formal ritual; (ii) the prohibition and later the right of divorce ("Lei do Divórcio" – Lei nº 6.515 de 1977); (iii) the equivalence between sexes; (iv) the recognition of common-law marriage as a family unit e (v) the application of the legal regime of the common-law marriage for homoaffective unions. The maintenance of marriage, despite being just a personal relationship, is extremely important, as family is the basis of the Brazilian State. Therefore, the legal changes must follow the changes on personal relationships. The Brazilian legislation about marriage and about common-law marriage has granted men and women involved rights and duties and has approached their love involvements in a very great degree to contracts. This way, when personal relationships are legislated, they must and can be combined to the rest of the legislation, which until recently didn't occur, as the matrimony wasn't seen as part of the Civil Code, but only as an institute. The break of family relationships can cause not only heartbreaks to the other spouse or partner, possibly leading to the obligation of repairing the damages too. Hence, the obligation of paying for pain and suffer by the spouse or partner that 8 didn't comply with the duties from his relationship has been granted in several law courts. Despite that, it is necessary to verify the viability of this action for damages, especially on the civil procedure law sphere. Therefore, the present study will concern this theme and its basic characteristics, shaping itself according to the four main themes that follow: (i) the infringement by spouses and partners of their respective duties and the framing of hypotheses enablers of claim reparation for moral damages; (ii) the comparison among the actions procedures and the capability of absorption of one by the other; (iii) the comparison between the actions for separation, divorce and dissolution of common-law marriage with the action for moral damages jurisdiction and, in the end, (iv) the conclusion