Aplicação da Teoria da Onerosidade Excessiva nos contratos de locação de imóvel: análise acerca da ação de despejo durante a pandemia do COVID-19

Abstract

The main purpose of this research is to demonstrate how the context of the pandemic has changed the reciprocal obligations of many contracts, specifically with regard to contractual lease relations. Starting from a context of health and economic crisis, marked by the increase of unemployment and the decrease of income, this study intends to go into the mechanisms of judicial review of contracts in Brazilian Law, in which the principle of pacta sunt servanda is mitigated in detriment to the principle of rebus sic standibus. To this end, the paper is divided into three chapters, firstly presenting the revision theories, then analyzing the effects of the Covid-19 in the lease agreements and, finally, criticizing eviction orders in this context.