Contratos internacionais no contexto de pandemia da covid-19: conflito de leis no espaço e a cláusula hardship como um instrumento de conservação do acordo
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Date
2021-12-13
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Universidade Católica do Salvador
Abstract
This article sought as a general objective to analyze the hardship clause as a
possible solution to the impacts of the Covid-19 pandemic on international contracts. For that,
we tried to examine these contracts in a general way, considering the impossibility of
covering all the contractual formats and sectorial specificities in such a narrow space of
reflection. As specific objectives, therefore, it was intended, a theoretical and conceptual
delimitation about the relevance of international contracts and the consequent impacts of the
pandemic on them, to evaluate the perspective of Brazilian jurisdiction and any gaps left by
the Law of Introduction to the Rules of Brazilian Law (LINDB), and finally, to analyze
whether the hardship clause would be a means of preserving international contracts in the
proposed context. Methodologically, literature review and document analysis were used. The
analyzed studies revealed that, although the hardship clause is not the main solution against
the circumstances of the investigated context, it is an opportune tool for what it proposes, also
inferring that the relevance of well-designed force majeure clauses displaces the idea that the
pandemic itself impacts or unbalances all contracts to the same extent and, precisely because
of this, would justify the immediate non-compliance with obligations, review or even their
termination.
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Keywords
Contratos internacionais, Pandemia, Conflito de leis no espaço, Cláusula de hardship, International contracts, Pandemic, Conflict of laws in space, Hardship clause