Abuso e abusividade nos contratos de fornecimento de combustíveis entre distribuidoras e postos bandeirado

Abstract

The purpose of this work is to analyze possible contractual abuses and misuses present in fuel supply relationships between distributors and gas stations. To this end, a mixed methodology was adopted, based both on bibliographical and jurisprudential research, and on the analysis of fuel supply contracts extracted from the records of publicly accessible court cases. In the end, it was concluded that the contracts for the supply of fuel to flagged gas stations have a complex of clauses that are disproportionately favorable to the distribution companies, which, however, does not mean that the contract is unfair. On the other hand, this set of clauses gives distributors prerogatives which, when exercised beyond the limits imposed by objective good faith, can constitute clear cases of abuse of contractual rights.