LIMITAÇÕES À REVISÃO CONTRATUAL DAS RELAÇÕES CIVIS NO CONTEXTO DA PANDEMIA DA COVID-19 - DOI: 10.12818/P.0304-2340.2021v79p43

Abstract

Due to the economic impacts induced by the recognition of the public health emergency in contractual relations that conducted to an increase in legal disputes on this subject, the purpose of this paper is to explore the permissive requirements for contractual review and its application in the COVID-19 pandemic context. The study is based on the analysis of a trial handed down by the São Paulo State Justice Court, reasoned essentially on the bibliographic review of the theories of contractual unpredictability and excessive onerousness, along with verification of the pertinent legislation. Finally, this paper concludes that the instruments already offered by the Brazilian legal system provide satisfactory protection to the conflicting interests of the parties, and the claims review should be in accordance with the dictates of good faith.