The “short 20th century”, as Eric Hobsbawm called it, was responsible for major social transformations, which were deeply reflected in Law. The First World War, the Russian Revolution of 1917 and the Stock Market Crash of 1929 occupy a central position in this process, especially in the opening up of so-called social rights, at the same time as the Second World War, the Holocaust and the Counterculture of the 1960s had greater influence on the redefinition of constitutionalism, customs and social morality.
It is necessary, however, not to fall into the sin of vulgarization, which has been very common in national dogmatics, especially civilist dogmatics, when it Pharmacies Email List comes to correlating these historical events with their legal consequences. One of these problems is the transposition of the debate on “liberalism” to the Brazilian reality, when it is known that, at different times, the State held primacy in the economic process, in the face of the weakness of private agents. Another point that would also deserve to be better examined is the effective role of the ideals of liberalism in the formation of the Civil Code of 1916, which has been studied in a pioneering way at the traditional Recife Law School by the professor of Civil Law Torquato Castro Júnior and his colleagues. disciples.
One of the privileged points for studying this transformation of Civil Law in the 20th century and relating it to these historical events is the so-called “lease regime”. Maintaining the old Roman tradition, the 1916 Code placed under the heading “Leasing” (Chapter IV of Title V — Various Types of Contracts) the sections “Leasing of Things”, “Leasing of Services” and “Contracting ”. They were the historical counterparts to locatio-conductio rerum (leasing of things), locatio-conductiooperaum (leasing of labor) and locactio-conductio operis (leasing of work). The project was the only one that lost this onomastic reference with the location, although the coder did not remove it from the locations chapter. [1] The first two locations, of things and services, were those most affected by the economic-social changes of the 20th century.
The leasing of buildings, a subspecies of the leasing of things, was the first to be modeled after the codified regime, with the issuance of Decree 4,403, of 1922, by President Arthur Bernardes, which suspended eviction actions, in the midst of a serious housing crisis. of the first post-war period. The Civil Code regained full force in this section when the 1922 rule was revoked by Decree No. 5,617 , of 1924. On April 20, 1934, Decree 24,150, by President Getúlio Vargas, began to regulate “the conditions and process of renewal of property rental contracts intended for commercial or industrial purposes”, having as its motto, in its recitals , the need to impose “restrictions on the way in which this [ property ] right is used for the benefit of general interests or conveniences”, as well as the “need to regulate relations between owners and tenants, based on uniform and equitable principles, was felt universally, imposing, as it did on people with the highest legal education, the institution of specialized laws”. [2] Since then, Law 1,300/50, Law 4,494/64, Law 5,444/67, Law 6,649/79 followed, which was repealed by the current Law 8,245/91, with successive subsequent amendments. Dogmatics attributes to each of these laws a profile of a pendulum nature, sometimes interventionist, sometimes liberalizing. [3] The historical-economic moments of each of these norms should not be ignored. The issue of tenancy is extremely sensitive to fluctuations in the economic scenario. Just look at what is happening in Europe today and the measures taken by some governments to suspend eviction actions.