Contratos de locação comercial e a função social: a relativização dos princípios da autonomia privada e da força obrigatória dos contratos

Abstract

This paper analyzes the relativization of the classical principles of private autonomy and the binding force of contracts, in light of the social function of contracts and urban roperty, especially in the context of commercial lease agreements. The study addresses the impacts of these changes in Real Estate Law and examines how Brazilian legislation and jurisprudence have adjusted contracts by balancing individual and social interests. The social function emerges as a guiding principle, mitigating the rigidity of traditional contractual agreements (pacta sunt servanda) and expanding the view on the role of contracts in contemporary society. The contract is used as a central example to demonstrate the application of these principles, with emphasis on the jurisprudential decisions regarding lease renewal and rent revision actions. Throughout the research, the social and economic benefits of this flexibilization are discussed, as well as the challenges of maintaining legal certainty and predictability in contractual relationships, which are essential for economic development and investor confidence in the real estate market