A COMISSÃO DE CORRETAGEM IMOBILIÁRIA E O CONCEITO DE RESULTADO ÚTIL NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

This article analyzes real estate brokerage in the Brazilian legal system, focusing on the concept of useful result and on the criteria adopted by legal doctrine and case law to define the broker’s right to receive brokerage commission. The study examines the brokerage agreement established in Articles 722 to 729 of the Brazilian Civil Code, addressing aspects related to the obligation of result, the causal link between the broker’s performance and the completion of the legal transaction, as well as situations involving subsequent withdrawal by the parties and delayed conclusion of the real estate negotiation. The research also analyzes the interpretative impacts arising from Repetitive Theme 938 of the Superior Court of Justice, especially regarding contractual transparency, objective good faith, and the protection of real estate brokerage activities. A qualitative, bibliographic, and jurisprudential methodology is employed through the analysis of legislation, specialized legal doctrine, and relevant judicial precedents on the subject. The results demonstrate that the contemporary interpretation of real estate brokerage prioritizes the effective usefulness of the broker’s activity and the concrete demonstration of its contribution to the formation of contractual consensus. It is concluded that Brazilian case law has been consolidating a protective understanding of real estate brokerage activities, valuing the practical usefulness of intermediation and the preservation of legal certainty in real estate business relations.