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Until 1932, adultery was characterized as a crime in the Brazilian Criminal Codeand provided harsher penalty towards women than men. However, in 1940 the Criminal Code equalized the penalties with respect to adultery and it was only in 2005 when the articles on adultery were revoked from the Criminal Code[1].

It was decided that adultery was not a matter of public welfare, but rather a private matter, and so reference to it was moved to the Civil Code. Currently, the Civil Code refers to adultery in two instances: (1) as justification for the termination of a marriage;[2] (2) and in the case of child recognition, an adulterous act of the wife is insufficient for the father to rebut the presumed paternity.

After the repeal of adultery as a criminal act, the act continues to be considered by courts as just cause for payment of indemnity fines by the adulterer, in the sense of protecting the sanctity of family and marriage.

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