A Interpretação dos contratos empresariais no Brasil a partir da função social dos contratos: um modelo tridimensional

• Ano de defesa: 2018
• Autor(a) principal: Rodrigues, Alinson Ribeiro
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro Universitário de João Pessoa; Brasil; PPG1; UNIPÊ
• Palavras-chave em Português: Hermenêutica Contratual; Função Social dos Contratos; Desenvolvimento econômico; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2872

The interpretation of the social function of contracts, art. 421 of the Civil Code of 2002, within the scope of contractual business relationships granted by the Brazilian Judiciary, without observing its own general cause, that is, its economic and social function, has increase of unpredictability and contractual risks at the time of signing this contractual species, although the market is permeated by conduct, which can be objectively measured through repeated uses and customs. Thus, the relevance of the interpretation of art. 421 of the Brazilian Civil Code in business contracts insofar as the interpreter must take into account the environment in which the contract is inserted. Given this premise, how to interpret the art.421 of the Brazilian Civil Code in business contracts so that they observe their own general cause? From the study presented here, it was evidenced as an initial response, indicating that the interpretive proposal elaborated by Gunther Teubner should be used as a way of guaranteeing an economically more efficient market and promoting economic development. The social function of contracts as innovation brought by the Brazilian Civil Code of 2002 in its art. 421 conceives a framework for Brazilian contractual law, considering that it concretizes a new contractual paradigm, the solidarist contract model. The interpretative proposal applicable to the social function of the contracts is confirmed, so that the analysis of the said institute in the light of the three levels of contract formation presented by Teubner, level of interaction, corporate and institutional, as well as the general cause of the contract itself business, translate greater regulatory predictability by reducing transaction costs by establishing a market that is regulated by clear standards and encompasses all the interests involved in a business contract.