The 17th Civil Chamber of the Rio de Janeiro State Court, unanimously, revoked a preliminary decision that reduced the value of tenant rent in a Shopping Center to 50% of the normal value between June and August, and 70% of the normal value, in the month of September until the revocation of the state of emergency in the city of Rio de Janeiro.
The interlocutory decision that partially granted the request for emergency relief was based on the perception of “unpredictable facts” that would materialize “partial, temporary impossibility to fulfill contractual obligation”, specifically the imposition of restrictions on the operation of Shopping Centers by the administration public and limited return to activities. In addition, the decision considered that “the delay in the jurisdictional provision, in this case, may lead the plaintiff to the impossibility of pursuing her commercial activities”.
In the vote of the rapporteur, it was pointed out “despite the difficulties alleged by the aggravated, including, in view of the evident need to revise the contract signed between the parties, it appears that commercial establishments have already resumed their activities full-time, and there is no justification that the aggravating factor bears the burden of the pandemic alone ”.
In this case, the absence of the necessary legal requirements for the maintenance of the anticipated guardianship granted in the first degree of jurisdiction “in the light of the reopening of the shopping centers since 08/11/2020, was verified, allowing the resumption of its commercial activity by the aggravated ”.
Wilson Sales Belchior
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