The recent transformations in the legislative and economic landscape, both domestically and internationally, demand special attention to contractual relations. Regulatory and economic changes may potentially affect the performance, balance, and viability of businesses across different sectors, requiring the revision and adaptation of contractual instruments.
A recent example comes from the United States, which has imposed new tariffs on Brazilian products. This measure may reduce the competitiveness of these products and create imbalances in existing international contracts. U.S. case law indicates that the mere imposition of tariffs, as a rule, is not sufficient grounds to trigger force majeure clauses or terminate contractual obligations, unless such provisions are clearly set forth in the agreement. Thus, exporters may be compelled to continue fulfilling their obligations despite financial losses, especially in models such as consignment sales, which are more vulnerable to tariff increases.
On the domestic front, other recent and ongoing changes also deserve attention. The new foreign exchange framework has modified rules on international financial transactions and may affect clauses related to payments in foreign currency and the repatriation of funds. Likewise, updates to the General Data Protection Law (LGPD) expand contractual responsibilities regarding the processing and sharing of personal data, requiring adjustments in contracts involving suppliers, business partners, and clients.
In the environmental sphere, the new licensing model seeks simplification but also creates obligations and conditions that must be reflected in supply, service, and major project contracts. In the tax field, the Tax Reform represents one of the most significant changes in recent years, with direct impact on the way taxes are levied and collected.
In this context, it is essential that companies review their contracts considering these changes, paying particular attention to clauses on force majeure, hardship, price adjustment, and regulatory compliance. Clear and robust contractual drafting can reduce litigation risks and enable the necessary adaptations to new commercial and regulatory conditions.
Our firm remains at your disposal to assist in reviewing and adapting contracts, through preventive risk analysis as well as support on developing legal strategies that ensure business continuity, safeguard commercial relations, and secure compliance with the new legal and economic requirements.