Contratações ESG: violação e resolução contratual

Abstract

The work discusses the origin, development, and current perception of ESG factors, reflected in business contracts involving the most diverse sectors of the market, public and private, through what has been called ESG clauses which, in turn, involve different types and that, from the point of view of this work, must meet specific requirements to be considered as such. It deals with the socio-economic functions performed by such clauses and what interests within the scope of the structure of the obligation they refer to, evaluating the contract termination due to the material breach of the ESG clauses, with the purpose of answering the following questions: (i) What are ESG factors and what are ESG clauses? (ii) In relation to ESG clauses, what are the existing types, the socioeconomic functions they perform and what interests do they relate to within the scope of the structure of obligations? (iii) What is the doctrine that authorizes – and if it authorizes – contractual termination due to the substantial breach of obligations agreed through ESG clauses?