Ações renovatórias: aspectos processuais e questões controversas

Abstract

This work is an approach regarding renewal actions (protection mechanism of the goodwill of trade, by the means of which is possible the compulsory judicial renewal of the non-residential lease agreement, between lessor and lessee and for the commercial, industrial or business usage of the real property), emphasizing its procedural aspects and controversial issues related to the subject. Initially, precisely because the renewal action is a protection mechanism of the goodwill of trade, the concept of goodwill of trade herein approached, highlighting the evolution of this concept, and its wider scope, to cover not only commercial and industrial activities, but also business activities. Throughout this work, were discussed: active and passive legitimacy for the proposal of renewals actions; the requirements of the Tenancy Law for filing the suit, discovery and processing of renewals actions; the possible matters for the defense; the resumption right of the lessor and also the consequences arising from the lack of the legally established requirements, always based on the interpretation of the law, doctrine and jurisprudence. Finally, we discussed the main issues arising from the dismissal of action without resolution of merit, provenance and groundlessness of renewals actions. Therefore, this study sought to identify the main procedural issues arising from renewals actions, highlighting their specificities as well as the jurisprudential and doctrinal positions about controversial issues mentioned in the work