A pandemia de covid-19 e o instituto da revisão contratual: uma análise da aplicabilidade das teorias da imprevisão e da onerosidade excessiva nos contratos

Abstract

The purpose of this study is to create assumptions in order to apply correctly the theories of Imprevision and Excessive Burden faced with Covid-19 pandemic, since the indiscriminate execution of judicial reviews can bring more damage than the pandemic itself. In order to create those application assumptions, a detailed analysis of contractual principles will be carried out, especially of those that had arisen from the constitutionalization of the Private Law. Then, the Brazilian revisionist theories, mainly the theories of Imprevision and Excessive Burden, will be studied. Finally, the solution to the properly application of the Imprevision and Excessive Burden theories will be recognized in the election of extrajudicial renegotiation as a prerequisite for judicial review, as well as in the subsidiary application of Imprevision and Excessive Burden theories and, finally, in the solidarity obligation of the parties to mitigate their loss and act in accordance with the maxims of the Good Faith Principle.