A revisão do aluguel nos contratos de locação de imóveis urbanos não residenciais no período da covid-19

• Autor(a) principal: Almeida, Danubia Nora de
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3696
• topic: Contratos; Locação não residencial; Revisão da locação durante a Covid-19; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This article discusses the general aspects of lease contracts, with a focus on non-residential leases and the impact of the Covid-19 pandemic among lessors Palavras-chave: Contratos. Locação não residencial. Revisão da locação durante a Covid-19. Keywords: Contracts. Non-residential lease. Lease review during Covid-19. and lessees. The current scenario has raised doubts about how the parties should proceed in relation to contractual agreements and the importance of the social and economic function of the contract. Facing this reality, it is raised the following research problem: which legal instruments can be used to enable the negotiation of non-residential lease contracts in the pandemic? Therefore, it is intended to analyze the legal solutions and contractual revisions aiming at the contractual rebalancing, using bibliographical research based on laws, books and articles relevant to the subject. Challenges such as the high rate of readjustment in the rent value, which, in general, is regulated by the IGP-M, led to the proposal of Project No. 1.026/21 to regulate lease readjustments by the IPCA. To facilitate negotiations between lessor and lessee, Project No. 34/21 was proposed, establishing the obligation of the parties to extrajudicially renegotiate rents in arrears as a result of the pandemic. Finally, Law No. 14216/21 was enacted, establishing exceptional measures suspending eviction and dump actions until December 31, 2021. In successive treatment contracts, such as lease contracts, the importance of common sense when renegotiating is clear, even though there is still an obligation between the parties, based on the theory of unpredictability and the “fortuitous case of force majeure”, since the pandemic was totally inevitable, exempting the parties from responsibility. Thus, seeking to alleviate the contractual imbalance, these emergency regimes were proposed to neutralize the imbalance in urban locations and project economic growth.