CONTRACTS AND SOCIAL RESPONSIBILITY: THE ROLE OF THE SOCIAL FUNCTION IN CONTRACTUAL RELATIONS

Abstract

This research analyzes the social function of contracts within Brazilian Civil Law, emphasizing its relevance as an instrument of balance, solidarity, and justice in private relations. Following the constitutionalization of Civil Law, particularly after the 1988 Constitution and the 2002 Civil Code, contracts are no longer treated solely as expressions of private autonomy but rather as mechanisms that must also serve collective interests, ensuring dignity, cooperation, and protection against abuses. Findings indicate that the social function is applied in practice through the revision of abusive clauses, protection of vulnerable parties, and the enforcement of good faith. Moreover, recent data show that poor contract management undermines this social function, causing financial losses, inefficiency, and material inequality between contracting parties. Based on studies from DocuSign, Deloitte, and Thomson Reuters, operational flaws compromise the social purpose of contracts by weakening predictability, organization, and fulfillment of obligations. Results demonstrate that adopting technological solutions such as Contract Lifecycle Management systems (CLM) strengthens fficiency, transparency, and social responsibility in contractual relations. The study concludes that the social function of contracts represents a significant advancement in safeguarding parties and promoting collective well-being, reinforcing the need for continuous application and improvement in both theory and legal practice.