A limitação do direito de propriedade no condomínio edilício e seus efeitos

Abstract

This article aims to address the limitation of property rights in the building condominium, bringing the sanctions and impacts to the condominium of continued antisocial behavior. To carry out the research, the basic methodology was used through the review of specific literature as a data collection instrument with a qualitative approach and the hypothetical deductive method, requiring the survey and analysis of the tools used to clarify the rights of usufruct of the property such as Condominium Convention, Internal Regulations, Civil Code, Doctrines and Jurisprudence. After completing the proposed study, it is demonstrated that in the face of legislative omission, the Courts have repeatedly decided to consider statement 508 of the V Jornada do Direct in 2012, which brought the possibility of expulsion as a form of conflict resolution when the application of a condominium fine It is not effective in combating abuses of property rights carried out by antisocial condominium owners.

Keywords: Property Law. Building condominium. Antisocial condominium. Expulsion.