A (im)possibilidade de revisão/resolução dos contratos de locação em razão da pandemia causada pelo vírus da COVID-19

Abstract

The present work seeks to analyze the possibility of contractual review due to the Covid-19 pandemic and its effects from the perspective of the unpredictable fact on lease contracts, with emphasis on residential and non-residential (commercial). First, it was necessary to understand the historical evolution of the rebus sic stantibus clause as a substrate to conceive the theory of unpredictability present in the Civil Code. In the second moment, to discuss the institute of contractual revision in civil relations and later according to the Tenancy Law, adopting the theory of the dialogue of sources to better understand the necessary requirements to achieve the purpose of the revisional action in the principled perspective. In the third chapter, the resourcefulness of the work occurred in view of the understanding of the exceptionality of the pandemic as an unpredictable fact and generator of excessive cost that makes contractual revision possible, under doctrinal parameters regarding contractual relations and guiding principles. Finally, the jurisprudential analysis, which allowed concluding the performance of the judiciary, taking into account the particularities of the concrete case and the condition of the parties to fulfill the obligations agreed upon in the face of the socioeconomic impacts of the health crisis experienced