Concerns about such clauses in the world of work

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As can be seen, even though non-competition clauses are permitted in corporate transactions, conditions are sought to be imposed. This is why CADE's Summary 4 requires a direct relationship with the object of the transaction and restrictions on the markets in which it operates, and CADE's Summary 5 imposes a maximum term of 5 years and the necessary link to the protection of goodwill.

In business contracts, the use of such clauses has also been bulk sms czech republic permitted in order to protect sensitive information and business secrets of one of the contracting parties. It is not without reason that the Superior Court of Justice (STJ) has already understood that “non-competition clauses are valid, as long as they are limited in space and time, as they are adequate to protect competition and the harmful effects resulting from potential customer diversion – legal values ​​recognized by the Constitution”. [2]

As can be seen, we have here another example in which the clause is permitted as long as it is limited from a spatial and temporal point of view, given that it needs to be limited to the extent that it protects the business assets of the contractor to whom the clause favors, including supplies and customers.

However, what has been seen in negotiation practice is that the use of such clauses has been expanding, becoming increasingly common in both corporate and employment relationships.