Abstract
This article seeks to reflect on the theories that justify the application of the supervening excessive onerosity in the Brazilian legal system in the light of cases decided by the Superior Court of Justice, investigating the importance of the jurisprudence in the application of the studied. The qualitative research is applied with the use of the dialectical method and data collection through bibliographic research, also using the syllogism reasoning. It was observed that the contracting parties should consider the existing risks in the legal business, so that the theory of unpredictability is applied in a subsidiary manner, prevailing the autonomy of will.
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