O mandato irrevogável no direito civil brasileiro: funções e limites além da procuração em causa própria

Abstract

This paper examines irrevocable agency in private law, analyzing its structure, functionality, and limits within the legal system. The study begins by observing that this legal instrument has been widely employed as a means of risk allocation and self-enforcement, particularly in complex contracts, where it often serves both as a guarantee mechanism and as a tool for enforcing specific performance obligations. The research adopts a literature review as its methodology and explores the normative foundations of irrevocable agency, emphasizing that, while revocability is the general rule for this type of contract, the Civil Code provides exceptions that justify absolute irrevocability, especially when the agency protects interests beyond those of the principal alone. Given these considerations, the study examines the legal nature of irrevocable agency, assesses whether it constitutes a distinct category from the traditional mandate contract, and seeks to define its applicable legal framework. To do so, particular emphasis is placed on analyzing the practical function of irrevocable agency, as this is essential for determining the legitimacy and scope of its legal protection.