Notas sobre a teoria do adimplemento substancial à luz da jurisprudência do Superior Tribunal de Justiça

Abstract

This article examines the use of the theory of substantial performance in the case law of the Superior Court of Justice, adopted in exceptional situations, in light of Article 475 of the Civil Code, with special attention to the contribution of Justice Antônio Carlos Ferreira, reporting judge of Resp No. 1,581,505/SC, a paradigmatic judgment on the subject. The guidelines defined by the Court are analyzed – the existence of legitimate expectations, minimum non-performance, and the possibility of preserving the contract without harming the interests of the injured party – and the limits of its application, notably its inapplicability to alimony obligations. It demonstrates that substantial performance is not an exception to the binding force of contracts, but rather an expression of objective good faith and legitimate trust, guiding contractual justice guided by the proportionality and rationality of the decisions of the Superior Court of Justice.