OBJECTIVE GOOD FAITH IN THE 2002 CIVIL CODE: ATTACHED DUTIES AND THEIR IMPACT ON CIVIL LIABILITY IN CONTRACTUAL AND CONSUMER RELATIONS IN LIGHT OF CONTEMPORARY JURISPRUDENCE

Abstract

The article analyzes objective good faith as a fundamental principle of modern Civil Law, highlighting its role in regulating contractual and consumer relations. It highlights the evolution of the principle in the Brazilian legal system, especially after the Civil Code of 2002 and the Consumer Protection Code, which expanded its application beyond the autonomy of will. The study focuses on the attached duties arising from objective good faith, such as the duties of information, cooperation, loyalty and mitigation of damages, and discusses their implications in legal relations. It also examines the relationship between the violation of these duties and civil liability, with special attention to the protection of the consumer, a vulnerable party in these relations. The research uses a qualitative methodology, with a bibliographic review and case law analysis to understand the practical application of the principle and its legal effects.