Repercussões da pandemia da Covid-19 nos contratos de locação comercial

Abstract

This article will address the repercussions of the measures restricting the circulation and operation of commerce, adopted during the years 2020 and 2021 as a way to contain the advance of the COVID-19 pandemic, in commercial lease agreements. In this scenario, the tenant is prevented from fully exercising its commercial activities in the leased property. On the other hand, the restrictions do not result from the landlord's will, who continues to assign possession of the property. The objective of this research is to point out which instruments should be used to restore the contractual balance in commercial lease agreements, and what the assumptions are for the application of the instruments presented. A theoretical research methodology will be used, consisting of the study of the bibliography that is pertinent to the balance of contractual relations, as well as the review of civil and lease agreements. The theoretical and legislative content pertinent to the theme will also be analyzed, as well as the case law of the Superior Court of Justice and of the Court of Appeals of the State of Minas Gerais. The thesis defended is that the judicial review of the rent, provided for in the LL, and the contract review due to excessive onerosity, provided for in the CC, are two possible remedies to solve the impacts caused by the COVID-19 pandemic in commercial lease agreements, which coexist and can be applied in different specific situations.