Direito condominial e o impedimento em suas convenções aos aluguéis por aplicativo

Abstract

The right to property is a widely studied topic over generations and is firmly supported by the Constitution and regulated by the Civil Code. This right grants a person the power to own and control a specific asset, as long as it is in line with constitutional and regulatory principles. In the case of condominium property rights, there is an increasing presence in civil society, where multiple owners share ownership of a particular asset. Each owner is responsible for their respective share, with their powers restricted by Conventions and Regulations to ensure harmonious coexistence. However, currently, there are restrictions imposed by these internal regulations that have been subject to reform through judicial decisions. Recently, the Superior Court of Justice, in its third and fourth chambers, made decisions regarding the possibility of restrictions on short-term rental/hosting through digital applications, as long as they are specified in the Condominium Conventions. Ultimately, the aim of this work is to clarify the specific controversy related to short-term hosting/rental offered through digital applications and assess whether the decision of the Superior Court of Justice aligns with fundamental principles or represents a form of restriction on the property rights of condominium owners.