Resolution of the Advertising Commercial Contract from the Perspective of the ESG Policy: Company Image Protection.
Environmental, Social and Governance Business contracts. Advertising contracts.
Environmental, Social and Governance (ESG) is a theme that, it indicates, tends to become recurring, given the way it associates the environmental problems and social responsibility of companies with governance activity. The moment the transformations of reality are found and that society claims rights and requires the guarantee of those already recognized, the Guidelines of ESG are not only opportune, but strengthen social aspects in this regard, at the time they subsidize companies in compliance of its social function. In the midst of this reality, problems such as preserving the company's image in advertising can be seen under new angles, including ESG. This is the context of this study, whose general objective is to verify that causes can justify the undoing of the advertising contract, as a legal solution to post-contractual issues, involving renowned marks and the “social responsibility” aspect of ESG. The work was developed through a bibliographic research, consulting national and international publications. Examples of distinct causes were cited for the same legal solution. In the end, it was considered that in the face of the scenario that has been forming and that it reaches the development of advertising pieces, the demands of contractual undoing can come and causes the most distinct. The question is to frame them legally.