Infidelidade virtual e o código civil de 2002: análise do fenômeno no contexto do art. 1.566 e seus possíveis efeitos jurídicos diante dos arts. 1.572 e 1.573

Abstract

It approaches the virtual infidelity in the context of the doctrinal concept of moral infidelity, evaluating it as a possible reason to base a litigious action of judicial separation, on the basis of the arts. 1.572 and 1.573 of the Brazilian Civil Code of 2002, if it is able or not to generate the effects that naturally result of the dissolution of the conjugal union, based on guilt. It discusses if the virtual infidelity could be considered a form of disobeying some of the reciprocal duties disciplined in art. 1.566, the duty of reciprocal fidelity (item I) or the duty of mutual respect and consideration (item V), as well as if it could be considered grave abuse, this one previewed in item III of art. 1,573 of the same code. In order to reach these goals, it is made a bibliographical research and initially it approaches the basic notions for the discussion of the main question. It continues with the examination of the evolution of the virtual medias and its effects to the interpersonal relationships, presenting some forms of loving virtual interaction and formulating a general picture regarding the infidelity in the cybernetic age. After that, it approaches the emotional involvement of the individuals in this form of relationship, as well as the feeling triggered in the spouse betrayed virtually, using the interrelation with the knowledge of other human sciences. Finally, ahead of the constitutional conjecture that has as a juridical value base the dignity of the human person, it concludes for the comprehension of the virtual infidelity as a form of infidelity, even though it has not been fit by the Brazilian doctrine as a form of disobeying the duty of reciprocal fidelity and yes as a form of disobeying the duty of mutual respect and consideration, what, anyway, will be able to, in existing interest of the betrayed spouse in promoting the action of judicial separation against the unfaithful spouse, trigger all the juridical effects inherent to any litigious dissolution of the conjugal union.