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Abstract
This article addresses the thematic of civil responsibility in face of the HIV virus transmission. Via imprudent sexual contagion, between partners, in the light of brazilian civil right. Doing an analysis, in order to dispose of the list of obligations that a spouse must have with your partner, going trough the concept of civil responsibility itself, until the discussion about HIV virus in the brazilian scenario. This thematic is approached by analysing the assumptions from this responsibility that would attest a violation within the duties of the spouse to, in this way, entice an indemnity with the injured partner. In light of this situation, apparently atypical, an approach was made trough a recent decision, rendered by the Supreme Justice Court, in which was granted a pecuniary repair to the victims that contracted the virus without knowing that his/her partner was a conscient host of it.