Impactos da Pandemia da COVID-19 nos contratos e possibilidades aplicativas da autotutela pelo credor

Abstract

Due to the current pandemic scenario, the contractual field is facing several challenges, including the proliferation of contractual, civil and corporate conflicts, in a context of more difficult access to justice than usual, associated with the use, by many debtor contracting parties, of the generic argument of pandemic as a way to avoid previously assumed obligations. This paper seeks to demonstrate the possibility and pertinence of the use of self-protection instruments by creditors harmed by default, especially in extraordinary and emergency scenarios such as the present one, in which the limitations of the judicial machine are accentuated. Finally, the potentialities of the contracting parties themselves, supported by the principle of autonomy, to realize their interests without the necessary judicialization of the conflict, are emphasized.