Responsabilidade civil nas relações dos cônjuges e dos companheiros

Abstract

This work aims to analyze the possibility of civil reparations for damages incurred by the spouses and companions for breach of the duties assigned to them. Regarding the issue there are two trends. The first argues that current application of civil liability for breach of the duties granted to spouses and partners should be broadly. On the other hand, the second argues that current application should be restricted, iethat there will only be a duty to indemnify in exceptional cases severe. It is also analyzed in this study the possibility of punitive damages resulting from the disruption of courtship and engagement, and the duty to indemnify in cases of real and virtual infidelity. The virtual infidelity is a new kind of infidelity which consists in loving relationship that the spouse or partner has with a third party over the internet. It is a topic that deserves to be analyzed carefully by the doctrine and the courts, as to configure the damage is necessary to prove the unlawful conduct of the agent, which is done through shared conversations and videos on the Internet. However, there jurisprudential understanding that evidence obtained in this way are you consider illegal for violating the right to secrecy of correspondence that applies also to virtual correspondence. Otherwise, there is the understanding that if the spouse or partner have free access to the electronic mail shall not be deemed illegal evidence.