A PRÁTICA DE GREENWASHING COMO VIOLADOR DA BOA-FÉ NOS CONTRATOS PRIVADOS

Abstract

Given the increasing social and market pressure for socio-environmental responsibility, considering the severity of climate change in the current scenario, the presentation of companies as sustainable to consumers and investors does not always correspond to reality. This disparity between discourse and practice compromises the contractual security that should be ensured for the parties, making the study of this phenomenon crucial for the protection of good faith within the scope of Civil Law. Thus, this study aims to demonstrate how greenwashing — understood as a simulation of compliance with sustainable practices — undermines trust in contractual relationships and compromises the integrity of the legal system by violating the principle of objective good faith. The method adopted was the hypothetical-deductive approach, combined with bibliographic and qualitative research, enabling an in-depth analysis of doctrinal works, legislation, and academic articles. The research results confirm that the practice of greenwashing directly violates objective good faith by leading contracting parties to believe in false promises of sustainability, thereby harming transparency and legitimate expectations in contractual relations. It is concluded that, to ensure the effectiveness of the principle of good faith in this context, combating greenwashing is essential for building a more ethical and sustainable business environment, making it necessary to implement measures to curb these practices and guarantee transparency in corporate communications.