A cláusula de não concorrência nos contratos individuais de trabalho

Abstract

This paper intend to analyze the systematic involving the non-compete clause in contracts of employment, especially with regard to its validity after the expiry of the same, which is the most controversial for acceptance of its validity. Addresses the applicability and validity of the assumptions of parental rights clause in, taking into account historical aspects; principles that guide the employment relationship as well as the governing contracts in general, comparative law, and the interests of parts for your negotiation. Moreover, the discussion involves the question of autonomy of the will forward to the rigidity of protectionism inherent in the employment contract. The subject here treated has great relevance in the absence of specific legislation in Brazil. Numerous practical questions have arisen when some scholars even raise the occurrence of offending constitutional principles of great importance, such as freedom of work and the pursuit of full employment. However, what happens is a conflict of antagonistic interests, notably the freedom to work and need to protect company secrets. However, it is concluded that the non-competition clause is an important tool for ensuring reciprocal rights between employers and employees, and skillful means to avoid conflicts concerning the new forms of production, knowledge management practices and business competition.