The Covid-19 pandemic, acts of God and hardship (under a Brazilian Private Law perspective)

Abstract

The pandemic caused by Covid-19 strongly impacted contractual relations, considering the impossibility of performance of business activities for most commercial establishments. In terms of rental agreements, whether residential or not, lawsuits were brought to Brazilian courts in order to establish which terms of such agreements were to be upheld under the implementation of quarantine measures by authorities. In this sense, shall the pandemic be considered an unforeseen event or shall it be seen as an excessive burden to the contracting party (hardship doctrine)? In cases where the plaintiff seeks for the adjustment of contract terms by court, what would be a fair value of the thing due?