The repercussion of the case involving the influencer Iran Ferreira, known as Luva de Pedreiro, and the businessman Allan Jesus has led to discussions about why the phenomenon of social networks for 20 years living in a simple house in the interior of Bahia and having only R$ 7,500 in the bank account. Common contract of R$ 1 million closed with Amazon Prime Video, just to cite an example, many have asked where the money of the young man.
One of the speculations about the cause of the problems pointed out by the columnist Leo Dias is Luva de Pedreiro’s dissatisfaction with the contract signed between him and Allan Jesus’ ASJ Consultoria. In the event of termination alone, the influencer would have to pay about BRL 5.2 million. And, even with 16.9 million followers on Instagram and 14.3 million on Tik Tok, “Luva” doesn’t seem to have a net worth close to that amount.
objective good faith
Among the assumptions is that the influencer signed the contract without realizing the disadvantages that the agreement brought, due to inexperience in this type of relationship. However, there is a way to resolve the legal imbroglio in cases like this, as such a contract can be annulled.
The Civil Code establishes that the contracting parties must keep, both in the conclusion of the contract and in its execution, the principles of probity and good faith (Art. 422).
“Any and every contract must be governed by objective good faith. The parties must be in complete good faith, each with its obligations and considerations, without the interest of harming”, emphasizes the lawyer and doctor in Commercial Law João Rafael Furtado.
Asymmetry in the contract
According to him, “when it comes to contractual relationships, they can be symmetrical and asymmetrical“. Contractual symmetry implies that the parties have the same conditions of information, knowledge and ability to verify possible risks to the business. “When two businessmen make a contract, it is symmetrical”, exemplifies Furtado.
In asymmetry, this does not happen. “These are the ones where one part is stronger than the other.” The assumptions about the Luva de Pedreira case illustrate a typical case of asymmetry.
If it is proven that the entrepreneur made an asymmetrical contract with the influencer, who did not have the necessary knowledge to know what was being agreed upon, this can characterize unfair termswhich can be judicially reviewed, as explained by João Rafael Furtado.
The lawyer considers that the case, according to speculation, “has everything to be abusive, because it is asymmetrical”. “Analysing the contract, the specific case, it may be that pleading in court for a review, you can” reverse the situation, he says.
Moral and material damages
Judicial decisions on similar causes reinforce that the aggrieved party in the contract is entitled to be compensated for damages resulting from failure to observe the principle of good faith. In these cases, an Action for Nullity of Clause or Contract for violation of the Good Faith Principle, asking for compensation for losses and damagesand also the conviction for moral or material damages, if applicable.