Post by account_disabled on Mar 12, 2024 23:05:07 GMT -8
In the exchange of recent reflections on the Covid-19 pandemic, it is observed that the public law issues are immense, but, at the same time, there are also broad doubts about legal relations under private law.
The concern of the landlord and tenant with rents; cancellation of the trip purchased in advance; the months ahead of the academy plan that is closed; the wedding party that will no longer B2B Lead take place in the presence of many guests, eliminating the need for the ceremony, the event space, the buffet and the musical ensemble; school and college fees which, although they make an effort to provide distance learning, do not cover that specific obligation x , which is impossible to provide remotely; the difficulty in honoring the installments of the loan taken out at the financial institution; and the unwavering credit card interest on the invoice not paid by the due date. These are just some of the hundreds or thousands of legal questions that have arisen since the pandemic entered Brazilian territory, but countless other questions will arise.
Inexperienced as we were with episodes of great plague and scourge, the initial perception of many members of the legal community, especially the younger ones, was one of perplexity; However, following this initial hesitation, it is necessary to remember that most of these effects brought about by this pandemic are common to those previously experienced in cyclical periods of economic crisis, which are more vivid in our memory.
And one thing must be said: Brazilian Private Law has accumulated great experience in dealing with different economic scenarios.
Having made this reasoning, I cannot fail to mention, here, the names of men and women who, fulfilling their role as professionals and, above all, as citizens, worked and are working day in and day out so that Brazilian law has a dignified and efficient Emergency Legal Regime and Transitional Legal Relations under Private Law (RJET) relating to the period of the Covid-19 pandemic and, for now, represented by PL n. 1,179/2020, already approved by the Senate and sent to the Chamber of Deputies.
Among the creators of and the commission of jurists who have worked on this task, I mention the names of Minister Dias Toffoli, his colleague Minister Antonio Carlos Ferreira and Professor Otavio Luiz Rodrigues Jr., from the University of São Paulo, who encouraged the writing of the aforementioned document , as well as the names of professors Arruda Alvim (PUC-SP); Fernando Campos Scaff, Paula Forgioni, Francisco Satiro and Marcelo von Adamek (all from USP); Rodrigo Xavier Leonardo (UFPR); Rafael Peteffi da Silva (UFSC); and lawyers Roberta Rangel and Gabriel Nogueira Dias.
I must highlight the importance of this regulation of emergency and transitional situations arising from the consequences of the pandemic, because it is concerned with the uniformity of judicial decisions, with the work of lawyers, with the actions of the Public Ministry and the Public Defender's Office, with indoctrinators and, mainly, with the jurisdiction and Brazilian society.