Possibilidade de exclusão do condômino antissocial no ordenamento jurídico nacional.

Abstract

The possibility of excluding the antisocial unit owner is evidenced both in jurisprudence and in the literature. For that, the work is developed based on the characterization of the condominium building, under a general perspective of this institute, in what concerns the effectiveness of the constitutional norms of property rights, its function and personality rights. It is pointed out that behavior in disagreement with the duties of coexistence and good neighborliness should be avoided, highlighting as one of the duties of the trustee to prevent the practice of violation of rights and infractions in the condominium. with the sanction of a fine of up to ten times the value attributed to the condominium contribution. The legislator did not actually define the meaning of what antisocial behavior would be, making use of the so-called "open clauses", that is, empty and abstract terms that require the construction of doctrine and jurisprudence to delimit its real extent and true meaning. In Brazilian legislation, the antisocial condominium is not expressly addressed, since the peaceful understanding in society is not yet a reality, nor in the legal and doctrinal scope in relationships involving people who have common or conflicting interests and property interests, but who maintain the same legal relationship as co-ownership. The research method used is qualitative, which is a means of scientific investigation of a subjective nature before the specified object, in view of its particularities and characteristic experiences, presenting as sources articles, books, texts and explanatory websites from government agencies. In a synallagmatic situation, obligations and the exercise of rights are imposed, in accordance with the legislation in force and the autonomy of the Conventions and Regulations that create, in favor of the community, a conflicting and harmonious relationship. free community, with clear rules of conduct. If the duties are not fulfilled, pecuniary sanctions must be imposed to see the incivility cease until the culmination of their expulsion if these measures do not take effect. Doctrine and jurisprudence have diverging positions on but eviction is necessary as a last resort for the property to maintain its economic and social balance, as well as for the social function of property to be ensured.