A exequibilidade do acordo de confidencialidade em casos de descumprimento nas relações contratuais empresariais

Abstract

This work aims to analyze the enforceability of non-disclosure agreements (NDAs) in the business environment, exploring the intersection between freedom of contract, contractual principles, and civil liability, which are essential for a valid and effective contract, ensuring that information transactions are properly protected. To discuss this point, the general theory of contract was addressed, from the definition of contract to the distinction between autonomous categories, including the business contract, the definition and explanation of the NDA, and the explanation of cases of default in the NDA contract from the perspective of doctrine and with practical analysis of judgments. Thus, this work aims to study the possibility of compensation for breach of the NDA and the exceptions to this obligation. In this sense, the following question is sought to be answered: does the NDA have enforceability in the relationships agreed upon by it in which there is non-compliance? To answer this question, the deductive approach and monographic procedure will be used in the research methodology. As research techniques, bibliographic and documentary research will be used. The conclusions are that in the scenario of breach of NDAs, judges must observe whether the contracts meet the contractual requirements to be valid and effective, and if this first phase is completed and the disclosing party has fulfilled the burden of proof, the judge will determine the compensation for losses and damages, whether they are moral or material