A aplicação da teoria de imprevisão aos contratos empresariais ante a pandemia da COVID 19.

Abstract

The COVID-19 pandemic, resultant from the spread of the new strain of the coronavirus - SARS-CoV-2 - has caused the greatest health crisis in the last 100 years, and as an outcome the world is also going through an unprecedented global crisis. The measures to confront the disease are based on restricting human contact and the spread of this virus, which has a high potential for contamination. The forms of confrontation such as lockdowns, closing non-essential businesses and the restrictions on people’s freedom to cicuclate, were responsible for the abruptly reduce of companies incomes, especially micro and small enterprises. And for this reason, the “Imprediction Theory” - established in the rebus sic stantibus clause - becomes an option to reestablish the contractual balance between the contracting parties that, due to the unforeseeable and extraordinary factor of the coronavirus outbreak, could not afford what was previously agreed upon. Allied to that the Law number 13.874 of 2019 - the Economic Freedom Act - expressly placed the possibility of contractual review for business contracts, even if exceptionally, according to each particular case. Therefore, it has the general objective, through the hypothetical-deductive method, to analyze the hypothesis of application of the Theory of Unforeseen to the business groups having as factual assumption for both the pandemic of the new coronavirus.