A utilidade dos negócios jurídicos processuais nas demandas em tempos de pandemia: estudo de caso sobre os contratos de locação.

Abstract

The pandemic caused by COVID-19 caused impacts on several segments of society, including the services sector, notably those considered “non-essential”, which were unable to fully exercise their commercial activities. In this context, rental relationships, both residential and commercial, have been facing difficulties that had never been foreseen, because the closing of the commerce affected the companies' cashiers and the families' budget, so that the lessee's burden when paying the rent for a property closed, in the case of non-residential tenancy relationships, it also became that of the lessor who, not infrequently, has rent as a source of income. Thus, the demand for jurisdictional protection for the review of lease contracts increased significantly. It turns out that, as if the impacts caused in the service sector were not enough, the Judiciary also suffers from the consequences of the pandemic, as it began to face atypical demands as a result of the exceptional situations caused by the disease, in addition to suffering from the increase in the slowness of the provision jurisdiction due to the suspension of forensic files and procedural acts. And the decisions taken on the subject did not follow a coherent line either. Therefore, it is proposed that in cases like this, the use of the Procedural Legal Business, expanded and fostered by the current civil procedural legislation, is presented as a useful tool for solving issues such as the posed, enabling greater speed and lesser burden in the resolution of the demands that arose in the crisis scenario.