A responsabilidade civil do síndico condominial em situações de calamidade pública à luz dos fatos ocorridos durante a pandemia de COVID-l9

Abstract

The multifamily condominium buildings, duo to the population growth and social development, has proven to be the best housing alternative for those who prioritize cost—benefit. Therefore, the number of condominiums across the country has expanded. Consequently, the management of it becomes an agenda of discussion, with maximum importance concentrated on the figure of the condominium manager, main manager and representative, highlighting his civil liability. The discussion over this topic goes through the nature of the liability, whether it would be subjective or objective, to lead to the facts that would give rise to the liability of the manager. The condominium manager's civil liability occurs when the duties of the position are not performed regularly, whether due to abuse of rights or carelessness in the performance of the role, resulting in losses for condominium owners, third parties or the condominium itself. The COVID-l9 pandemic faced from 2020 to 2022 changed the Law in several segments, with its changes in Condominium Law being studied in the present work, because of the need for social distancing and the social responsibility of inhibiting the spread of the coronavirus changed the routine of the condominium buildings in the country. During the COVID-l9 pandemic, the liability of the condominium manager presented new controversy, related to the competence of the condominium manager to act in order to inhibit the spread of the coronavirus within condominium micro universe, as well as the boundaries of his actions. These are the main topics of this work, which aims to better understand the condominium's manager role and its limits, as well as the manager's civil liability in situations such as the COVlD-l9 pandemic.