In May 2025, through Special Appeal No. 2206604/SP, the STJ¹ consolidated a ruling with a significant impact on the business environment: punitive compensation is due when business service contracts are terminated early without cause, even if there is no specific contractual clause that regulates such a consequence.
According to Article 603 of the Brazilian Civil Code, a service provider dismissed without just cause is entitled to receive full payment of due compensation and half of the amount they would receive until the end of the contract to compensate for investments made by the provider for the delivery of the contracted service during the term to which the parties were bound.
Courts had divergent views regarding the application of this protection in contracts between legal entities. However, this possibility was expressly recognized by the STJ, which understood that the legal provision alone is sufficient to guarantee compensation, regardless of the contractual agreement between the parties.
Key points of the decision: The compensation provided for in the Civil Code has a punitive nature, aiming to discourage unilateral and unmotivated terminations.
The rule reinforces predictability and legal security in business contractual relations.
The exclusion or modulation of this penalty is only valid if negotiated and expressly stated in the contract.
This decision serves as a crucial warning to companies contracting services about the necessity of specific negotiation and regulation between parties on this matter to prevent adverse effects of potential early termination, mitigate risks, and ensure legal security.