Os limites do uso e dos direitos da propriedade privativa em condomínios horizontais: contribuição ao clareamento de embates envolvendo proprietários de áreas privativas em condomínios horizontais e aspectos práticos com a aplicação do direito material

Abstract

The condominium, which is characterized by the existence of exclusive properties alongside with common areas in the same building, has become very common in current urban life, but still generates a lot of conflicts. Hence, it is necessary that the Law is able to respond to such demands. The present work, therefore, aims to examine, from a vast bibliographic analysis, certain conflicts that may originate from the life in a condominium, such as questions regarding condominial expenses and situations involving the limits to the use of the private and common areas, passing through disputes about the rights of neighborhood and about the proprietary of a unit in a condominium that is considered by Brazilian law as antisocial, which is harmful to the community. First of all, there will be a brief historical outline of the condominium in Brazil as well as in the world. Then, we will bring some definitions that are required to understand the rest of this work. Only after that we shall analyze, based on jurists’ opinion and the judicial precedents, some controversial and relevant issues regarding the condominium. This study is important exactly because it involves very usual aspects in the everyday life of the proprietary of units in a condominium and, consequently, the professional life of the lawyers who work in this area