Eficiência no direito contratual e desenvolvimento: contribuições da Lei de Liberdade Econômica de n° 13.874/2019

Abstract

The present work proposes to analyze to what extent the Brazilian Civil Contract Law favors the economic and human development of the Country, as well as the influence of the Economic Freedom Law nº 13.874/2019 positively or negatively on contracts. Thus, the notions of the General Theory of Contracts, the legal notions of contract, in addition to the classic and modern contractual principles were studied until before the year of institution of Law nº 13,874, seeking to understand how Contractual Law interfered in the Brazilian business environment until 2019. Next, the economic notions of the contract are analyzed, and their share of contribution to economic and human development, delimiting the extent to which Contract Law could efficiently contribute to the best performance of enabling security to the parties and whether such efficiency would be consistent with the Federal Constitution. Radbruch's Extreme Injustice Theorem, according to which legal certainty must be respected to the maximum, executing cases of extreme injustice, will be adopted as a theoretical apparatus to support the application of legal certainty, according to the principle of binding force of contracts and the exceptionality of the contractual review. Finally, the transmutations of Contractual Law established by the Economic Freedom Law in 2019 were addressed, verifying to what extent this norm, in view of the economic nature of contracts, contributed to contractual efficiency and legal certainty.