Os impactos da pandemia pela Covid-19 na aplicação da lei do inquilinato e na proteção dos direitos do locador e do locatário

Abstract

This study analyzes the effects of the COVID-19 pandemic on the application of the Tenancy Law and the protection of the rights of landlords and tenants, highlighting the historical evolution of the legal instrument and its impact on the legal security of tenancy relationships during extraordinary situations. The objective was to examine how the legislation sought to balance the interests of both parties, ensuring the tenant's fundamental right to housing and the landlord's effective protection of their assets and credit, even in the face of the challenges imposed by the health crisis. The method used was bibliographic and jurisprudential in nature, based on consultation of specialized doctrine and judicial decisions that illustrated the practical application of the law in the context of the pandemic. The results demonstrated that Law No. 8,245/91 has consolidated itself as a legal instrument for contractual harmonization, promoting not only social stability but also the enhancement of the economic function of property. It was concluded that the effectiveness of the law depends on the combination of the actions of the Judiciary and the implementation of public policies aimed at urban development, in order to avoid imbalances that weaken one of the poles of the relationship. Thus, the lease legislation reaffirmed its relevance as a mechanism for realizing the constitutional principles of human dignity, the social function of property, and free enterprise, even during periods of crisis such as the COVID-19 pandemic.