Cláusula de não-concorrência e confidencialidade no contrato de trabalho

Abstract

This undergraduate thesis analyzes the validity and limits of non-compete and confidentiality clauses in employment contracts, considering constitutional principles, the Consolidation of Labor Laws (CLT), Civil Law, and Business Law. The study begins with the recognition that, while such clauses play an important role in protecting business interests and contractual loyalty, their misuse may impose abusive restrictions on workers’ professional freedom and dignity. The lack of specific legislation on the matter within Brazilian labor law increases legal uncertainty, delegating to doctrine and case law the responsibility of defining parameters of validity, such as reasonable temporal, territorial, and material limits, as well as fair financial compensation. Methodologically, this is qualitative and exploratory research based on bibliographic and documentary. The study concludes that these clauses must respect the balance between business protection and workers’ rights, guided by the principles of good faith, social function of contracts, and professional freedom. As an original contribution, the research presents a Draft Law Framework on non-compete and confidentiality clauses, attached as Appendix A, aiming to support future legislative developments and provide greater legal clarity.