A aplicação da cláusula de raio nos contratos de locação de shopping center

Abstract

The search for spaces and trade in shopping center has increased considerably, even with the crisis that involves all in Brazil. As a result, the importance of evaluating contract clauses has taken special importance for those involved. Thus, the scope of this article is to assess the validity conditions for the use of radius clauses in shopping centers contracts, and this may or might not constitute an infraction of the economic order. Finally, through a brief exhibition on the “Administrative Council for Economic Defense – CADE” Process n. 08012.012740/2007-46, is analyzed in order to illustrate how the subject is addressed. In this way, through concepts and fundamentals that involve the subject, some decisions are discussed in order to allow a formation of opinion on the validity of the radius clause.