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The New Regulation of Forum Selection in Contracts: Impacts and Limits of Law N. 14.879/2024


The selection of a forum in contracts has always been a highly relevant topic in civil procedural law, widely used to define the competent jurisdiction for resolving potential disputes. With the enactment of Law No. 14.879/2024, there has been a significant change in the regime governing this choice, aiming to provide greater legal certainty and prevent abuses in the definition of the contractual forum. This article analyzes the modifications introduced, their practical impacts, and the challenges of their application in the Brazilian legal system.


The provision of a specific forum for resolving contractual disputes has always sparked debates regarding its validity, especially in relation to inequalities between contracting parties. Before Law No. 14.879/2024, the Civil Procedure Code allowed the choice of a forum through a contract, except when it resulted in an excessive disadvantage for one of the parties, particularly consumers and workers.


The new legislation has introduced stricter rules to prevent fraud and abuse, imposing objective criteria for the validity of the forum selection clause.

1. Evolution of Forum Selection in Brazilian Law

The contractual forum selection has always been accepted in the Brazilian legal system, regulated by the 2015 Civil Procedure Code and consolidated jurisprudential understanding. However, practice has shown that many contracts imposed forums that hindered or even prevented the defense of the weaker party, leading to judicial challenges to their validity.

2. Changes Introduced by Law No. 14.879/2024

The new legislation has established more objective criteria for the validity of forum selection in contracts, determining that:


The clause must be explicitly stated in a written contract signed by both parties;


The chosen forum must have a connection to the domicile or residence of one of the parties or to the location of the contractual obligation;


If there are indications of abuse, the judge may recognize the incompetence of the elected forum and refer the case to a more appropriate forum;


In adhesion contracts, the forum selection cannot represent an excessive disadvantage for the adhering party.


3. Impacts and Practical Implications

With the new regulation, companies and institutions will need to review their contractual clauses to ensure their validity and avoid future nullities. On the other hand, consumers and weaker parties gain an additional layer of protection against abusive clauses designed to hinder access to the judiciary.


4. Critical Analysis and Challenges in the Application of the New Law

Despite the advances, the new legislation may generate controversies in its application. The subjectivity of the concept of "excessive disadvantage" and the possibility of judicial interference in contractual clauses may create legal uncertainty. Furthermore, jurisprudence will play a fundamental role in interpreting and consolidating the new provisions.


Conclusion


Law No. 14.879/2024 represents a significant advancement in regulating forum selection in contracts, imposing limits to prevent abuses and ensuring greater balance between the parties.


However, its application will depend on jurisprudential interpretation and the improvement of control mechanisms, ensuring that the new rules fulfill their role in securing legal certainty and procedural equality.

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