Existential contracts and its applicability

Abstract

In the present work, the scenario that gave rise to the proposal of existential contracts is approached, tracing the transition from the liberal economic model to the contemporary model, the changes brought with the promulgation of the Brazilian Federal Constitution of 1988, the contextualization of the dignity of the human person and, still, the importance of a classification that gives attention to the characteristics of the object of the contracted good – the existential contracts. Subsequently, the proposal of existential contracts is analyzed, especially in its origin, that is, in Antonio Junqueira de Azevedo, will be analyzed, highlighting its characteristics so that it is possible to extract a concept and differentiate the contracts. Next, the particularities of the existential contracts and, above all, their fundamentals and their applicability in the current context will be analyzed. Topics such as the possibility of using the paradigm of essentiality proposed by Teresa Negreiros, the guarantee of an existential minimum, the consequences of the recognition of the existential contract, the differentiation in the application of existentiacontracts in relation to the other contracts and the application of the concept of existential contracts in the Court of Justice of the State of São Paulo – the only Brazilian court where they were found to have tried the concept of existential contracts.