Dano indireto nos acordos de confidencialidade

Abstract

This study addresses the application of indirect damages in confidentiality agreements. Article 403 of the Brazilian Civil Code states that indemnification should cover only direct damages, remaining silent regarding so-called indirect damages. Direct damage is that which arises immediately as a consequence of an act or omission by the party causing the harm. Indirect damage, on the other hand, is understood as that which intensifies the losses and affects assets not directly linked to the contractual relationship. Nevertheless, the legal system tends to seek ways to broaden the scope of indemnification harm caused to another's property, taking into account fairness and the effectiveness of indemnification. The initial notion of liability, based on the principle of equity, is tied to the idea that the party causing damages should be responsible for repairing it. Thus, as a rule, the obligation falls directly on the author of the damage. However, in certain circumstances, liability may be attributed to third parties, even if they did not directly contribute to the harmful event. This possibility of holding someone accountable who was not the direct cause of the damage is precisely the point that generates doctrinal debates and practical challenges, especially in the field of contractual liability, where the focus lies on the breach of a previously assumed obligation between the parties involved in the legal transaction. Therefore, this article seeks to define damage within the framework of civil liability, to understand the forms and limits of the right to indemnification, and finally, to determine whether or not indirect damage applies in the context of confidentiality agreements, considering the absence of specific legal provisions