Levantamento dos erros técnicos identificados nas jurisprudências do Tribunal de Justiça de São Paulo em 2018

Abstract

With the high demand in the demand for homes today, the consumer is increasingly demanding, causing builders and professionals to bring this consumer a property that guarantees quality, safety and comfort. Along with this demand, several resources have emerged that ensure the rights of these consumers, if the building does not comply with the minimum requirements mentioned above, this problem can be triggered in the judicial spheres. Through the analysis of second instance court rulings at the Court of Justice of the State of São Paulo (TJSP), this research aimed to identify the most recurrent pathological manifestations and technical errors in buildings, as well as the comparison with results obtained in research above. The methodology used was documental, through the analysis of the jurisprudence preferred by the TJSP, in the year 2018. A total of 1508 cases were analyzed, in which 609 met the scope of this research. Given the results obtained, emphasis should be placed on the increase in lawsuits filed against insurance companies, which accounted for 67.82% of the case law in the sample of this research. This increase in cases involving insurers impacted the conviction rates that decreased to 54.19% of the cases analyzed, a decrease of 26.64% compared to previous surveys.