Os contratos built to suit à luz da legislação brasileira

Abstract

The present study aims to analyze the built to suit contracts in the light of Brazilian law, observing, for this purpose, their typification, regulations and gaps regarding their use, both by private and public entities. Thus, it starts with the study of what the contract is, followed by the analysis of the main principles that govern contract law. Afterwards, the lease and contract contracts are analyzed, as they have similarities with the built to suit. An ongoing act, this contractual species is analyzed in terms of its concept, divergence over its typicality and elements, passing through the provisions of Article 54-A of the Tenancy Law, for private relations, and Article 47-A of the Law from the Differentiated Contracting Regime, for contracting with the Public Administration, until the forms of extinction of this contract. To carry out this study, we used the dialectical method and bibliographic research, comprising the consulted doctrine, and documentary, comprising the laws, court decisions and opinions of account courts.