Análise da importância da adequação das cláusulas contratuais com o ESG

Abstract

Through this work, we aim to demonstrate the importance of aligning contractual clauses with ESG principles. It is understood that, with evolution, companies need to adapt to their environment, paying attention to environmental, social, and governance issues. Initially, contractual relationships were solely governed by the principle of autonomy of will. Over time, it was understood that solely adhering to the principle of autonomy of will neglected other important situations in need of protection. Thus, these relationships were limited through regulation, incorporating important principles such as that of social function. Even when regulated, there were still areas for improvement, as the need to protect the environment and society became apparent, without disregarding, of course, the companies' profit objectives. This need culminated in the emergence of the ESG acronym, which was conceived as the central idea for corporate organizations, guiding how organizations should conduct themselves. Companies deal with contracts on a daily basis, and it is only fair that these contracts also align with ESG principles. Such alignment brings benefits not only to the environment and society in which the company operates but also to the company's overall health