THE OBJECTIVE GOOD FAITH AS INSTRUMENT ANTI-CORRUPTION IN PRIVATE LAW

• Autor(a) principal: Roscoe Bessa, Leonardo
• Data de Publicação: 2024
• Outros Autores: Rocha Leite, Ricardo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/590
• topic: Anticorrupção. Direito Privado. Boa-fé Objetiva. Abuso do Direito.; Anti-Corruption. Private Law. Objective Good Faith. Abuse of Law.

The objective of this article is to identify the application of the anti-corruption principle in private law, especially in legal transactions, from an analysis of objective good faith. The anti-corruption principle, which derives from the fundamental constitutional guarantees, is also present in private law through objective good faith, which provides for the ethical and professional behavior in the relationships between private individuals and imposes limits to the exercise of the contracting party’s will. From a bibliografic review method, we highlight the limiting role of objective good faith, which seeks to curb the abuse of Law, whether through contradictory behavior of the parties involved, omission in the exercise of subjective rights, or even the duty to mitigate the loss itself. These manifestations of good faith demonstrate the protection of trust and the intention to preserve the legitimate expectation created as a result of behaviors that must be based on loyalty. It is possible to conclude that the anti-corruption principle, initially analyzed from the perspective of constitutional law, can be applied to private law.