Unwillingly, President Jair Bolsonaro (non-party) enacted the law that prohibits the eviction or vacancy of commercial or residential properties until the end of 2021, due to the covid-19 pandemic. The measure had been vetoed by Bolsonaro in August, but the veto was overturned by Congress last month.
Law No. 14.216/2021 was published in the Official Diary of the Union, covering eviction orders issued even before the period of public calamity, which entered into force on March 20, 2020.
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For this, the lessee must prove that their financial situation has changed as a result of the measures to fight the pandemic, causing damage to the family’s livelihood and making it impossible to pay the rent and other charges. The law applies to rental contracts up to R$600, in the case of residential leases, and R$1,200 for commercial properties.
The text also suspends judicial, extrajudicial or administrative acts that impose eviction or collective forced removal of urban, private or public properties. In this case, no preparatory measures or negotiations will be taken to effect a possible removal, and the administrative or judicial authority must stop the ongoing processes.
The measure affects the decisions edited or issued since March 20 of last year. The rule does not apply to occupations occurring after March 31, 2021 or to evictions that have already been completed.
After December 31, 2021, the Judiciary Branch shall hold a mediation hearing between the parties, with the participation of the Public Ministry and the Public Defender’s Office, in the collective eviction, forced removal and repossession processes that are in progress.
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Edition: Vinícius Segalla