Contratos de locação e a pandemia de Covid-19 : hipótese de resolução e revisão contratual

Abstract

This paper analyzes the possibility of resolution and revision of the urban lease agreement established by the Law 8.245/91 due to the Covid-19 pandemic. In order to do so, bibliographic research is used through the logical-deductive and qualitative methodology for the study of the doctrine, law, and jurisprudence about the topic. As a starting point, the principles related to contract law, and the theories of unpredictability, excessive burdensomeness, and the objective basis of the legal transaction are analyzed. Subsequently, an evaluation of the hypothesis of termination of the lease due to force majeure as a result of the pandemic and of the configuration of revisionist theories for the contractual review of the lease is carried out. Finally, the transitional legislation in force at the time and its consequences on the urban lease contract are examined, as well as some jurisprudence relevant to the subject exposed.