INSPERCommercial Representation and Distribution Contracts • January 22nd, 2021
This paper will offer a broad reflection on two relevant contractual figures that nowadays are used to commercially coverage market - namely, commercial representatives (or agencies) and the stricto sensu distributors (or commercial concession as channel partners) -, covering, in a comprehensive way, the emergence of these institutes, their terminologies and conceptual definitions, as well as identifying main elements, characteristics, guiding principles of law and rules applicable to them in Brazil. In addition to general aspects, some controversial points will be presented in order to enrich this study and situate reader from practical point of view of these two types of contract. Finally, an analytical comparison will be carried out, exposing differences and similarities between species involved here and potential risks as legal exposures. In this examination, the descriptive methodology was adopted, by means of a detailed, but not exhaustive, doctrinal bibliographic research, with
