A integridade do direito de propriedade e a expulsão do condômino nocivo

Abstract

The main purpose of this article is to analyze the possibility of banishing the antisocial resident of condominium, as a more severe punishment for repeatedly disrespect the common rules and due the inefficiency of applying the fines from the Brazilian Civil Code to restrain these unwanted acts. The antisocial resident of condominium that disrespect the rules for living is not regarding the social function of the property, thus is not fully exercising the property right. Once the social function acts doubly, first as a fundament for the property right second as a bound, the antisocial behave can be unpunished. To overcome the problem, will be realized a qualitative research, extracting from legal texts, doctrine and jurisprudence concepts that can be analyzed considering the property right, the neighborhood right, the inhibition of abusing rights and the constitutional principles that surround this rights. Finally, will be discussed the possibility of judges apply a sanction that is not in law, which is the banishment of the antisocial resident of the condominium.