Pacto de não concorrência e o contrato de emprego no Direito brasileiro

Abstract

This dissertation aims to analyze aspects underlying the pact of non-competition after termination of the employment relationship under the Brazilian legal system. The study implies the need to check the limits of freedom of choice of the contracting parties into the employment relationship, aiming to show that the pact of non-competition doesn t go against the protective principles of labor law. It is necessary to analyze the concept of competition and its impact on the employment relationship in order to determine which employees may be subject the non-competition clause. The investigation also includes the conflict between freedom of labor and free enterprise and competition, constitutionally guaranteed rights, which is why a composition between then must observe the proportionality of rights which protection is desired. With this approach, plus the query to some foreign legislation and legislative attempts in Brazil on the subject, it is intended to assert the legality and legitimacy of the celebration of the non-competition covenant in Brazil. Finally, the aim of this work is to point out what the requirements validity of the non-competition clause, considering the lack of legislation regulating the matter.