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Several aspects may motivate the break of the marital bond, one of them would be the breach of the duties arising from marriage, infidelity is covered by this context, which was extinguished from the criminal case and also from guilt to motivate the request for divorce, with the entry into force of Constitutional Amendment 66, of July 13, 2010. In view of the rupture of the marital duty and the end of the marriage, the betrayed spouse may go to court to obtain compensation, claiming to have suffered embarrassment, suffering or any other type of moral damage arising from the act of infidelity committed by the violating spouse, but it remains to know and analyze when it is really a question of setting up moral damage or if the betrayed spouse is not just wanting to have a punishment applied, in view of the unfaithful act of which he/she was a victim.