O adimplemento substancial e a conservação dos contratos face a pandemia da Covid-19 no Brasil

Abstract

The Covid19 pandemic brought several impacts and losses to the brazillian reality, as well as the weakening of the contractual and negotiation bond as an effort by the parties to maintain the signed pact. In this, in order to rescue the general theory of contracts and obligations, added to the modern conception of the Consumer Defense Code, the role of the principles of maintenance and conservation of contracts will be observed, in addition to the theory established by the doctrine of substantial performance, as rescue of the power of contracting parties and consumers regarding the adaptation of the terms of legal transaction and the creation of favorable conditions for its continuation. Also, there is an intensification of default during the pandemic period, added to the indebtedness of the national population, as impositions on a posture of safeguarding contracts, especially with regard to the creation of better conditions for compliance and provision to the parties taken as vulnerable.