O dever de renegociar em face da Pandemia da Covid-19

Abstract

The current social-economic-health context, a result of the remarkable COVID-19 pandemic, was able to highlight, even more significantly, the unequal Brazilian social fabric, also reflecting impacts on the legal system and contractual relations, especially by causing difficulty or impossibility of compliance with obligations, default and insolvency, highlighting the need to articulate legal solutions that enable the preservation of contracts and the satisfaction of the interests of both contracting parties, preferably without the judicialization of any conflicts. This scenario, coupled with a process of social and economic integration, resulting from globalization, requires a constant search for contractual balance by the contracting parties. Thus, this paper, taking the current constitutional order as a guide, especially the principle of social solidarity, and recognizing the limitations of the Judiciary, proposes to analyze the existence of a duty to renegotiate in the Brazilian legal system, arising from the general clause of objective good faith, as an effective mechanism for dealing with contractual conflicts arising from the COVID-19 pandemic.