Abstract

MORAIS DA ROSA, Alexandre  and  GUASQUE, Bárbara. Reflections of the Judicialization of the Credit Market in Time of Pandemic. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.579-593.  Epub Sep 22, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a27.

The harmful economic reflexes that the Covid-19 pandemic brought with it, generated an excessive judicialization of contracts. It is a frequent indirect effect of crises. The necessary measures to restrict circulation and economic activity, together with uncertainty about the future and the breakdown of the state of confidence, formed a fertile ground for the judicialization of commercial conflicts, especially in relation to the credit market. In this context, this article aims to demonstrate the negative consequences that arise from undue and excessive judicial interference, outside the law, in the intangibility of contracts and in the protection of property rights. With reasonable frequency, exceptional judicial measures have been adopted, under the canopy of being exceptional times. However, although we are under exceptional circumstances, measures without legal basis can never be accepted. The methodology used in this research, both in the investigation phase and in the research report phase, was the inductive method. The procedural method used was the monographic and the research technique, the bibliographic.

Keywords : Judicial power; legal certainty; contracts; credit market; economic development; externalities..

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