Cláusula de não concorrência no contrato de trabalho

Abstract

The constitutional principles are considered, nowadays, legal rules requiring greater immediate application, but in order to have balance in this application, the principle of proportionality should be applied. The importance of proportionality in the theme of non-competition clause occurs due to employer and employee rights are equally considered fundamental rights, should reach a fair solution to the old dichotomy of "work capital". The non-competition clause becomes prominent in a globalized world by the markets approach, worsening competition, profit motive. In this way, the harmonizing between economic interests and labor is apparent that, view of the fundamentality of such interests, the non-compete clause in the employment contract represents a balance between the freedom of labor and free competition, resulting in a legitimate and temporary restriction of a specific work for the protection of business activity, having, therefore, a financial contribution to the employee subject to the clause