Contratos de locação de imóveis em tempos de pandemia: reflexos da Covid-19 nas obrigações dos contratantes

Abstract

It was sought to investigate, through the bibliographic research of the Civilist Doctrine together with the jurisprudential analysis of the Brazilian Courts, especially, the precedents of the Superior Court of Justice, the repercussions of the pandemic of COVID-19 in the residential lease contracts and commercial agreements signed before the health crisis. Through the deductive method, it can be concluded that, unlike what common sense could point out, the new coronavirus pandemic is not a chance event or force majeure to affect indistinctly in all the contracts in force. It was observed that the theses of contractual review gained singular prominence for the pacification of disputes related to contracts of this nature, and should be applied according to the nuances of the specific case. Such protagonism is due to the inclination of the national legal ornament for the maintenance of the contracts in detriment of the immediate resolution. In this sense, it was noticed that there are significant differences between the requirements for the contractual revision of commercial lease contracts in relation to residential ones, being remarkable the modern predisposition of the National Congress to remove Judicial intervention from private pacts, contrasting with the magistrate's power-duty to mitigate any contractual vulnerabilities that may exist between the subjects linked to the mandatory term brought to the attention of the Justice for the reasoning of imbalance of obligations or excessive burdens caused by an unforeseen supervening fact.