A aplicabilidade da teoria da imprevisão em contratos agrícolas em casos de fenômenos da naturezauma análise dos precedentes do Superior Tribunal de Justiça

Resumo

In the context of contract law, certain court decisions, when resolving disputes between the parties, can have an impact not only on the contract in question, but also on future similar disputes. This study carries out a jurisprudential analysis of the position of Brazilian law, with a focus on the Superior Court of Justice, in the face of allegations of default and requests for termination or contractual revision based on the Theory of Imprediction by agricultural producers. These claims arise from adverse weather conditions and extraordinary and/or unpredictable natural phenomena in crop contracts. The central objective is to assess whether the judiciary, faced with this situation, has ruled in favor of contractual fairness, objective good faith and preservation of the social function of contracts, or whether it is contributing to the maintenance of contractual imbalance and excessive onerosity. The study begins by presenting an overview of the understanding of the Theory of Imprediction by Brazilian doctrine and its application in the country's contract law. Subsequently, the case law most cited by the Superior Court of Justice in special appeals related to contracts for the purchase and sale of soybeans and corn affected by droughts, droughts and pests is analyzed. It is noticeable that the Court's decisions often seem inadequate and negligent in relation to contractual fairness, objective good faith and preserving the social function of contracts. Natural phenomena are often treated in a generic manner, without due technicality, and cases are approached in an abstract manner, instead of considering each case individually, given the relevance of the matter. In view of this, the study highlights alternatives to overcome this controversy and avoid instability in the agricultural sector, preventing additional costs to production and preserving the social function of the contract. A more technical and case-bycase approach is proposed, in contrast to the court's current trend, with the aim of reestablishing contractual fairness and avoiding the imbalance propagated by inadequate interpretations.

Ficha do documento

Tipo

Outro

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/34934

Palavras-chave

Teoria da imprevisãoContratos agrícolasSuperior Tribunal de JustiçaAdversidades climáticasFenômenos naturaisContratos agrícolas - BrasilTeoria da imprevisão (Direito civil)Brasil. Superior Tribunal de Justiça