Santa Catarina court orders shopping center to indemnify restaurant

The Court of Justice of Santa Catarina (TJSC) has ruled that a shopping center must indemnify a restaurant company following the abrupt and improper closure of its establishment in 2018.

The restaurant had operated at the location since 2012. In April 2018, the tenant received a notification requiring the regularization of several pending issues within only 24 hours, under threat of operational interruption. When the deadline passed, the shopping center closed the establishment using construction barriers.

The court determined that the shopping center's conduct exceeded the limits of regular contractual rights. The presiding judge noted that while lease conditions are freely negotiated, they must observe objective good faith and the social function of the contract. The court ruled that the 24-hour window was insufficient, as several required measures depended on technical, documentary, and administrative processes involving third parties and public agencies.