Aplicabilidade da cláusula de não concorrência no contrato de trabalho

• Autor(a) principal: Carmo Filho, Celso Báez do
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33677
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

The purpose of this study is to analyze the historical context in which the "non-compete agreement" was created, its development and meaning, and also its applicability in Brazilian Law and other countries. The topic has been growing before the Labor Courts, especially because there is no legislation about the issue. For this reason, it is necessary to analyze the requirements set up by doctrine and the precedents, besides other social and constitutional matters involved. The "non-compete agreement" causes a conflict between constitutional principles, such as the professional freedom and the right of property, so that it is necessary to study it deeply, considering that this dispute has become a part of the routine of companies and its executives. The current competition between companies took them to find juridical alternatives in order to protect the its intellectual property. One of these alternatives is the clause that will be studied. This work also comprehends the analysis of the consequences derived from the failure to comply with the "non-compete agreement", its effects in relation to third parties and abuses that are commonly seen in practice. Key words: "Non-compete agreement". Employment contract. Applicability. Requirements. Labor Court. "Non-compete agreement" in other countries.