A reliberalização dos contratos comerciais

Abstract

This thesis aims to demonstrate the independence of inter-company contracts, distinguishing them from other contracts under common law, in a rereading of contractual freedoms, mitigating contractual leadership, and, consequently, providing greater stability and legal certainty. The reliberalization of the commercial contract, although it has its bases in the strengthening of the freedoms of the contractors, does not suggest the revival of the totally liberal model, but only intends to remove it from the model under intervention, in view of a globalized economic scenario that complains and is anchored in soundness of business relations. Thus, less state intervention in contracts becomes a necessity to increase investments and, reflexively, gives greater concreteness and encouragement to the constitutional principle of free enterprise. Therefore, a conceptual revisit of the well-known contractual principles of autonomy of will, mandatory force and social function is necessary, adapting them to the reality of commercial law business relations. This study also finds the emergence of new interpretative standards specific to inter-company contracts, such as that of minimal State intervention, the presumption of symmetry and the sophistication of contractors, whose outlines were outlined by the Declaration on the Rights of Economic Freedom presented by Law 13.874/2019 . This finding rescues and confirms the identity of Commercial Law contracts, guaranteeing them the demarcation of their own land, more consistent with the relevant role they play in society and the economy