Brazil: Legal obligations of spouses during infidelity

Under Brazilian law, infidelity does not automatically dissolve the legal ties of marriage or the mutual duty of assistance. However, legal interpretations suggest that a spouse is not strictly obligated to act as a voluntary caregiver for a partner in a medical crisis, such as in an ICU setting.

While the Civil Code mentions a duty of mutual assistance, legal practice distinguishes between legal responsibilities and personal emotional obligations. In hospital settings, the legal family—including spouses, children, and parents—retains absolute priority regarding medical information, decision-making, and visitation rights. An extramarital partner typically holds no legal standing to make medical decisions or substitute for the legal spouse.