According to Judith Martins-Costa (2018, p. 42), the objective good faith is a legal institute indicative of (i) a normative structure endowed with...

According to Judith Martins-Costa (2018, p. 42), the objective good faith is a legal institute indicative of (i) a normative structure endowed with prescriptivity; (ii) a canon of interpretation of contracts and (iii) a behavioral standard. Under this aspect, it is known that the objective good faith creates ancillary duties to the contractual relationship, since it generates rights and obligations not necessarily expressly provided by the parties in the relationship. One of the developments of objective good faith is the concept of supressio, which translates into:*


a. The responsibility of the parties for facts subsequent to the fulfillment of the main obligations capable of compromising the realization of the interest embodied in the contract.
b. Emergence of new obligations in the contractual relationship due to the repeated practice of a behavior.
c. The exercise of a behavior that is different and inconsistent with what the person had previously.
d. Impossibility of demanding from the other party the fulfillment of a contractual obligation when it failed to fulfill its own contractual obligations.
e. The impossibility of demanding the fulfillment of certain obligations in the contractual relationship due to the non-demand for their fulfillment over time.