UNPREDICTABILITY IN BUSINESS CONTRACTS: RELATIONSHIP WITH COVID-19

Abstract

The covid-19 pandemic has caused major impacts, affecting the Brazilian economy and causing concerns in business contractual relations. Thus, the study aimed to explore the topic of unpredictability in business contracts, the applications of legal principles, the consequences and possible improvements in Brazilian legislation related to unpredictability in business contracts, especially during unexpected crises, such as the covid-19 pandemic. This article adopts a qualitative approach, of a theoretical-exploratory nature. The research was developed based on two main axes: doctrinal review and jurisprudential analysis. The doctrinal review is based on national and foreign authors who address the theory of unforeseeability, the rebus sic stantibus clause, and the contractual principles applicable in exceptional contexts, such as the pandemic. Books, scientific articles, legal opinions and specialized texts published between 2002 and 2024 were used. The jurisprudential analysis focuses on surveying and examining decisions handed down by courts between 2020 and 2024. The jurisprudential analysis focuses on surveying and examining decisions handed down by courts in the period from 2020 to 2024. Based on the results, the pandemic itself does not constitute grounds for non-compliance with obligations, but due to its unpredictability, extraordinary nature and serious impact on the global socio-economic situation, neither the parties nor the courts can ignore this situation. In this way, it can be concluded that court decisions are not unanimous, being judged on the basis of legal principles, however, the magistrates are analyzing each case in isolation and specifically whether it is possible to apply the theory of unforeseeability even in situations where the principles of excessive exoneration and unforeseeable circumstances or force majeure have been applied.