MIRANDA, C. S.; http://lattes.cnpq.br/3048562980373990; MIRANDA, Cínthia Souza.
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.