O condômino reiteradamente antissocial: implicações na ordem jurídica

Abstract

This article aims to analyze the legal institute of the condominium building and the problem involving the antisocial condominium, together with the current conception of the right to property and the social function as its element of transformation, a principle that translates the legal support of constitutionality to the penalty of removal of the persistent offender, with consequent loss of the autonomous unit.  by means of forced alienation, once the financial penalties imposed are innocuous. At the present time, there is a significant increase in the number of condominium owners whose repeated antisocial behaviors affect social peace and peaceful coexistence with their peers, generating serious social obstacles of all kinds. There is, therefore, a serious social fact that requires the urgent introduction into the Brazilian legal system of a procedure capable of quickly interrupting the state of unconstitutionality perpetrated by the repeated disregard for the social function of property. It is the duty of legal science, in the face of the inevitable conflicts in today's world, to seek swift and alternative methods of resolving them.