As cláusulas de não concorrência e confidencialidade no contrato de trabalho: como compatibilizá-las com os fundamentos da ordem econômica?

Abstract

Initially, the present study will address general and historical issues about non-competition and confidentiality clauses after the termination of the employment contract and the exercise of private autonomy in the employment relationship. After this stage, the work on screen will analyze the search for full employment as a principle of the Brazilian economic order. The principles will also be addressed in the role of legal axioms, in legalistic positivism and then its normative force, as stages of law evolution in history. Subsequently, the present study will discuss the possible incompatibility of non-competition and confidentiality clauses with the principle of the search for full employment, highlighting the non-legal provision of these provisions in the Brazilian legal system, as well as the standards used to fill the gaps in the case . In this context, the work will analyze decisions of regional labor courts and the High Labor Court on the application of the clauses, as well as the restrictions imposed on the possibility of use.