TJ-SP replaces IGP-M with IPCA in the readjustmen

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Due to the effects of the Covid-19 crisis, the São Paulo Court of Justice granted injunctions to replace the General Price Index - Market (IGP-M) with the Broad Consumer Price Index (IPCA) in the correction of monthly rent in contracts of rental.


Yanalya
Interlocutory appeals were filed by companies against
Yanalya shopping mall
Two interlocutory appeals were filed by tenant companies against the Iguatemi shopping mall in the capital of São Paulo. They claimed it was impossible to fully use the property Portugal Mobile Number List as stipulated, as the mall had been operating for only ten hours a day and at 40% of its capacity. They also maintained that the maintenance of their activities depended on the review of rents.

When granting the request from a shoe store, judge Francisco Occhiuto Júnior highlighted that there was a strong increase in the IGP-M in the last year. "The pandemic persists, so its negative effects on commerce are undeniable," he pointed out.

In the request from a cosmetics store, judge Rosangela Telles considered the risk of default and the reversibility of the measure. She also highlighted that the health crisis affects the balance of contractual relationships.
               


In both cases, the judges also considered the payment of the 13th rent. In the first case, its enforceability was suspended. In the second, the rapporteur determined that the installment be calculated based on the average of rentals paid during the last year.