A cláusula de exclusividade nos contratos de distribuição em oposição ao princípio constitucional da livre iniciativa

Abstract

The exclusivity clause in distribution contracts refers to a provision where one party agrees not to engage in competitors' products or services or other commercial activities that may harm the interests of the other party. This clause is commonly used to protect investments, brands and business relationships. However, this practice may conflict with the constitutional principle of free enterprise. Free enterprise is a fundamental principle that guarantees the freedom for individuals or companies to carry out economic activities of their choice, without excessive intervention by the State or third parties. The opposition between the exclusivity clause and the principle of free enterprise arises when the clause excessively restricts the ability of individuals or companies to explore other market opportunities, thus violating the freedom to undertake. Therefore, courts and legislators need to balance the protection of contractual interests with the constitutional principles of free enterprise, intervening when the exclusivity clause is considered excessively restrictive, unbalancing competition and harming free enterprise. To carry out the research, the inductive method was user, through the technique of bibliographical, documentary and legislative research.