LEGAL TREATMENT OF THE ANTISOCIAL CONDOMINIUM OWNER IN THE LIGHT OF THE CIVIL CODE

Abstract

In this article, the rights and duties of the condominium owners and the legal solutions for antisocial behavior in the condominium environment were addressed, based on Brazilian legislation, specialized doctrine and judicial decisions. The objective was to understand the limitations and responsibilities of the condominium owners, analyzing how the Brazilian legal system regulates the coexistence in building condominiums. For this, a qualitative approach was used, based on documentary and jurisprudential analysis, focusing on cases judged by the Courts of Justice of São Paulo and Minas Gerais. The results of the research indicate that the legislation provides for the exclusion of the antisocial condominium owner in extreme situations, provided that the legal requirements are respected, such as the qualified quorum for deliberations. It is concluded that, although exclusion is a possible measure, it should be applied only as a last resort, and condominium coexistence requires constant mediation between the exercise of individual rights and collective interests.