A relevância da técnica contratual para a prevenção e desjudicialização de conflitos no âmbito dos contratos de distribuição

Abstract

This article aims to analyze the conflicts in legal and economic relations of distribution in the years 2018 and 2019, in the Courts of Justice of Rio de Janeiro, São Paulo and Minas Gerais, with the objective of identifying contractual infractions that could be avoided or better faced by the provision of certain clauses by the contractors themselves. Based on the finding, based on the data analyzed, of several situations in which an adequate drafting of the contract could have partially or totally prevented the litigation, it seeks to reaffirm the contractual technique as a mechanism for strengthening private autonomy and effectiveness of the protection of rights. Within the proposed scope, the gaps or misconceptions most frequently assessed by the Judiciary are demonstrated, presenting, on the other hand, the respective instruments that could have been foreseen or used in order to prevent each type of conflict. The results presented show the need to improve the contractual technique in the Brazilian experience, to have a positive impact on the reduction of risks and contractual costs, for the realization of the determining interests of hiring, for the speed of legal solutions and, finally, for the non-judicialization of conflicts.