THE NONPAYMENT OH THE OBJECTIVE GOOD FAITH AND THE CIVIL LIABILITY TODAY BASED ON THE FEDERAL CONSTITUTION OF 1988

Abstract

With the social evolution and use of the internet and technology as a gear, social and legal relationships are created between people from different parts of the world, causing new facts, risks and damages to originate from these new relationships provided by the online world. The absence of specific legislation makes civil liability more difficult to apply to concrete cases. To ensure justice for the parties of the business relationships, one must resort to the constitutional principle of human dignity, contained in the general clause of protection of the human person, together with the objective good faith, which is the loyalty and ethics that must be respected by all parties and in all phases of the business relationship between them. As Brazil is known as a country with a strong agricultural production, the range of business relationships conducted in the agribusiness must also observe objective good faith. The carrying out of agricultural business extends beyond borders, whether for the acquisition of inputs for production, or for the sale of products. Often such negotiations are carried out without the parties knowing each other personally. Such facts require that negotiations be based on the loyalty of the parties and objective good faith.