Nathália Guedes Brum
Lawyer at Marcos Martins Advogados
In a recent decision, the 32nd Chamber of Private Law of the São Paulo Court of Appeals granted an injunction in an interlocutory appeal[1], authorizing the replacement of the IGP-M index by the IPC-A for the annual readjustment in a commercial lease agreement for an establishment in a Shopping Center.
Judge Francisco Occhiuto Júnior, who reported the appeal to the TJSP, held that “Although the order to close shopping centers no longer stands, although there are restrictions on their operation, the pandemic persists, so its negative effects on commerce are undeniable. Likewise, it is notorious that there was a sharp rise in the IGP-M in 2020.”
After the appeal injunction was granted, even before the final decision in the interlocutory appeal, the action was upheld in part and ordered the replacement, proportionally in the abnormal months (outside the green phase), of the IGP-M monthly adjustment index by the IPCA.
The ruling can still be appealed.
This decision paves the way, in the context of the pandemic, to change the readjustment index of the commercial lease based on article 478 of the Civil Code, in view of the excessive onerousness caused by the extraordinary rise in the IGP-M.
Marcos Martins Advogados is able to advise both landlords and tenants in rent review actions, seeking the most appropriate alternative to the current economic scenario and ensuring full compliance with legal requirements.
Questions? Talk to our lawyers and receive guidance.
[1] TJ/SP – Interlocutory Appeal No. 2012910-93.2021.8.26.0000 – Judging Body: 32nd Chamber of Private Law – Rapporteur Francisco Occhiuto Júnior – Date: 12/02/2021.
