A suspensão dos efeitos da resilição contratual à luz da função social do contrato: o exemplo do contrato de distribuição do Código Civil

Abstract

The present study’s subject refers to the possibility of controlling the effects of the termination of the distribution contract by the social function of the contract. By the movement of constitutionalization of law, the contractual relationship, especially those with a business nature, reached new paradigms. Due to the insertion of constitutional values into private contractual relationships, the axiology of the system has reformulated the private autonomy in order to demand the observance of social interests. On this perspective, the distribution contract for an indefinite period shows social and economic relevance, since it aims to serve social interests by allowing the community to have access to essential goods and services. On this context, the parties must recognize their social transformation capacity and that the social function of the contract conditions their contractual freedom, a principle that will serve as an interpretive instrument for the compatibility of private autonomy with social interests in case of termination act. The assessment of the legality of the contractual extinction should occur by means of objective parameters, in order to avoid possible harmful effects to the community, resulting from the exercise of the termination act, in a way to attend the system axiology.