Análise do condômino antissocial e sua repercussão na possibilidade da exclusão do condomínio

Abstract

Investigates about of the possibility of the exclusion of the consoled antisocial owner / possessor. Therefore, the work is developed based on the characterization of the condominium building, in a perspective of a general study of this institute, with respect to the horizontal effectiveness of the constitutional norms of the property right, its social function and the rights of the personality in the private interactions involving people with animus of property and interests in common or conflicting, but keeping the same legal relationship with the condominium. In a syntagmatic situation, the owners / owners are obliged to exercise their rights, in accordance with the current legislation and the autonomy of the Internal Conventions and Rules, making a harmonious and conflict-free community with rules clear conduct. Thus, with the obligations fulfilled, there is no mention of sanctions acts, however, in disrespecting the dictates that govern the internal discipline, it is necessary an action that seeks to protect rights and determines the fulfillment of obligations, even with the use of sanctions or situations of legal coercion. However, the offender will have the relevant rights of ample defense and contradictory, as well as the guarantee of due process and analysis of the social function of property in the face of personality rights. In fact, the exclusion of the antisocial possessor, a priori, can constitute a very serious or radical sanction, but it is demanded for the social peace of the co-ownership and the fulfillment of the social function of the property, even with allegations of the autonomy of the will due to autonomous condominial property.