Legally Limit Competition & Protect Your Business Before, During and After the Deal
When you share trade secrets, pricing, client lists, or strategic plans with someone in Brazil — be it a contractor, employee, distributor or co-founder — you’re opening a door that must be legally controlled. Without a proper non-compete, you may be left completely unprotected.
Real risks foreign clients face:
Yes — but Brazilian law imposes strict requirements.
Under Law No. 9.279/96 (Industrial Property Law), parties can contractually restrict competition, especially in commercial or civil contexts.
However, enforceability depends on factors shaped by jurisprudence and case law, including:
We build your agreement in line with these standards — to make it not only strong, but enforceable.
A non-compete should be present at every stage of the business relationship:
When planned from the start, a non-compete is more defensible and often prevents disputes before they begin.
Under Brazilian civil law, we strongly recommend including a cláusula penal — a fixed monetary penalty for breach.
This:
We tailor the penalty to be proportional, strategic and judicially acceptable.
At Martin Law, we protect your business with non-compete solutions that work:
Yes — if they meet legal standards of reasonableness, duration, territory, and compensation (when needed).
Only in employment contracts. In civil or commercial relationships, it’s not mandatory but helps enforceability.
Yes. Civil non-compete clauses are widely used and more flexible than labor clauses.
Generally up to 24 months. Courts accept shorter periods more readily — the longer the period, the stronger the justification needed.
Yes — and it’s highly recommended. We include a cláusula penal to enable fast judicial enforcement.
Yes — if non-compete is included early, in the NDA or preliminary agreement. Timing matters.
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