(Ir)responsabilidade contratual em tempos de pandemia: a aplicabilidade da teoria da imprevisão e das cláusulas de força maior e de hardship na execução de contratos internacionais de commodities do Brasil

Abstract

This study aims to analyze the applicability of the hardship and force majeure clauses in the execution of international commodity contracts in the country amid the covid-19 pandemic, considering that Brazil is a large agent in international trade and has a large number of claiming parties in international arbitration courts or that elect the country as the forum and place of fulfillment of obligations. The research is qualitative in nature, but employs the use of quantitative analysis that is incorporated into the theme, such as statistical data that demonstrates the impact of the pandemic on the trade of commodities. The method is deductive and a literature and document review was carried out, including the examination of specialized texts on private international law, economics and foreign trade. The study concludes that the variation in commodity prices, even under the aegis of the pandemic, is not mostly interpreted as a reason for applying the theory of imprevision.