A construção do sentido na interpretação do negócio jurídico: entre a arte e o método no direito civil brasileiro

• Main Author: Carbonar, Dante Olavo Frazon
• Publication Date: 2025
• Format: Doctoral thesis
• Language: por
• Source: Repositório Institucional da PUC_SP
• Download full: https://repositorio.pucsp.br/jspui/handle/handle/44075
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Intepretação do contrato; Lei da Liberdade Econômica; Art. 113 do Código Civil; Previsibilidade; Contract interpretation; Economic Freedom Act; Article 113 of the Civil Code; Predictability

This study investigates the impacts of the Economic Freedom Act (Law No. 13,874/2019), which introduced new rules into Article 113 of the Brazilian Civil Code of 2002 (CC/02), on the task of constructing the meaning of legal transactions, particularly contracts. It begins by demonstrating how the construction of meaning —a concept both plural and problematic —arises from the consideration and management of various factors, especially the delimitation of its object and its means of signification. This delimitation is essential for the legal system to fulfill its role as a cultural phenomenon aimed at promoting order in social life. In contrast to the Civil Code of 1916, which provided minimal regulation regarding contract interpretation, this research conducts a bibliographic review of private law, analyzing how Brazilian legal doctrine throughout the 20th century addressed the task of constructing the meaning of contracts. The findings reveal the transformations introduced by the Civil Code of 2002 and the subsequent development of doctrinal work on contractual hermeneutics, characterized by a focus on rationality in the construction of the meaning of legal transactions and contracts. Based on this theoretical framework and the observed results, the study identifies the reasons that led the legislature to amend Article 113 of the CC/02 through the Economic Freedom Act. Simultaneously, it presents its central problem: to demonstrate, in an unprecedented manner, the current stage of contractual hermeneutics by analyzing how each rule in §§1 and 2 of Article 113 operates in constructing the meaning of legal transactions and contracts. Additionally, it examines whether these innovations, in conjunction with pre-existing rules (Articles 112, 114, and 423 of the CC/02), have succeeded legislatively in achieving the intended goal of creating a coordinated set of norms within the Civil Code. This system aims to enhance predictability in the construction of contractual meaning and, consequently, foster a legal environment more favorable to business development