Detalhes bibliográficos
| Ano de defesa: |
2022 |
| Autor(a) principal: |
Sakahida, Marinilce Lacerda Pena
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| Orientador(a): |
Diniz, Maria Helena
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/30838
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Resumo: |
The Law n. 13.874/2019 introduces the Declaration of Economic Freedom Rights into Brazilian Law and changes the valuation of some legal figures at private law. This happens with the purpose of promoting the reduction of bureaucracy combined with the contemporaneity of rules that guarantee legal certainty for Brazilian and foreign contractors. Therefore, regarding the law of contracts, the legal provisions of this law emphasize the importance of objective good faith as a protagonist in fair contracts, guaranteeing neoliberal interests and legal certainty for contractors. This contractual principle is of a critical importance for all branches of law, especially, the private law, due to its honements since the foundation of Rome with the idea of fides, which means affiance. Then, he entered in Canon Law, and it significantly refined in Germanic legal system, presents in the Napoleonic Codex, Beviláqua Civil Code, current Brazilian Civil Code and in among others. Thus, its shows the importance of objective good faith restudy in the current Brazilian legal context, as it appears as a fundamental element of knowledge society and of its labor, as an example, the lawyers, the economists, the doctors, the engineers, and other many professionals that makes contracts, especially, the private law lawyers that whereas the knowledge worker is the mainly asset in business transactions. The Compliance and Applicability of objective good faith institute in contract handling, which has a juridic nature for estate regulation and economic riches circulation, can be used as a strategy to decrease the frequency of litigation in the courts, because of using better solutions for the well-being of law, and knowledge, society, then resulting more productivity. Thus, the objective of this research is to probe, analyze, compare, and discuss the objective good faith institute and it impacts in Economic Freedom Law. in foreign countries of greater relevance around international contractual law, as well as its impacts on the Economic Freedom Law in matters of contracts. To achieve these objectives, the comparison methodology of Brazil’s Legal system with foreign legal systems, aligned with the deductive-hypothetical and qualitative focus, will be used to approach the theme |
