RETROGRESS IN CONTRACTUAL AUTONOMY? CRITICAL ANALYSIS OF LAW Nº 14.879/2024

Abstract

This work addresses the principles underlying the choice of forum, the requirements for such a clause to be valid and effective, the recent legislative change brought by Law No. 14,879 of June 2024, which establishes that the choice of judicial forum must be relevant to the domicile of the parties or the location of the obligation, and the impacts of this change in the business context, highlighting the main impacts related to the legal uncertainty generated by the new legislation and in the business sphere. The detailed analysis of the change brought by Law No. 14,879/2024 allows for mapping the negative effects brought to businesses by the limitation on the choice of forum and, consequently, also mapping the impacts on contracts entered into before its effectiveness and the best alternatives and strategies in the conclusion of new contracts, for which the inclusion of the choice of forum clause will become a point of greater sensitivity and concern.