The Florianópolis court dismissed the claim for compensation for moral damages filed by a man who claimed to have suffered humiliation within his social circle due to an extramarital relationship with his ex-wife.
In her defense, the woman argued that they were already separated in fact and that the contentious divorce had already begun, without any possibility of reconciliation between the couple.
The judge responsible for the case understood that the requirements for moral damages were not present and that it is not possible to set compensation for a person no longer wanting to live with another.
The decision is in line with advances in family law that have removed the discussion of blame at the end of a marital relationship, narrowing the scope for moral damages.
