PROCEDURAL MEASURES IN CONDOMINIUMS: ANALYSIS OF PERSONALITY RIGHTS AND PROPOSALS FOR IMPROVEMENT

Abstract

Building condominiums are configured as micro-societies where collective coexistence requires harmonization between condominium rules and the fundamental rights of residents. Among the main conflicts faced in this environment, disputes over privacy and electronic monitoring, the right to peace, restrictions on the permanence of pets, and limitations on freedom of expression in condominium assemblies stand out. This research analyzes the interactions between the current legislation, the jurisprudence of the Superior Court of Justice (STJ) and the challenges of condominium management in the protection of the personality rights of condominium owners. For this, a qualitative approach is used based on the review of legal literature and the analysis of judicial decisions, considering the applicability of the Civil Code, the General Law for the Protection of Personal Data (LGPD), the Mediation Law and the Code of Civil Procedure. The results demonstrate that condominium regulation cannot impose disproportionate restrictions on individual rights, and it is necessary to adopt alternative mechanisms, such as mediation and conciliation, for the pacification of conflicts. It is concluded that effective condominium governance must combine respect for constitutional guarantees with the implementation of norms that promote balanced coexistence among residents, ensuring an environment of mutual respect and cooperation.