By: Vitor Antony Ferrari, Ivan Kubala
Noise from neighbors can be very annoying. Therefore, it is understood that, if it is excessive, the disturbance may be grounds for compensation for moral damages.
One of the biggest annoyances people have while they are in their homes is, without a doubt, noise. This is one of the main reasons that lead residents to look for other homes or to come into conflict with their neighbors. When observed in condominiums, it becomes even worse due to the proximity between homes. However, it should be noted that there are also those people who are very sensitive, who start to get bothered by the slightest noises, such as the sound of the elevator or doors opening and closing, and they are usually the ones who complain the most.
In order to regulate the conduct of people in their homes, so that neighbors are not disturbed, the Civil Code provides condominium owners with certain duties: to give their property the same purpose as that provided for in the building, that is, to use it for the purpose for which it was designed; and not to use it in a way that disturbs the peace of others.
Anyone who repeatedly fails to comply with this rule, if they live in a condominium, may be fined up to 5 times the amount of the condominium fees, if a portion of the other residents agree. However, the word “repeatedly” is emphasized, so first you should seek dialogue with the noisy neighbor, and only then apply the sanction or go to court, if still necessary.
If the fine imposed by the condominium is not effective, or if the neighborhood is made up of houses, it is possible to take legal action against the disturber. According to the Civil Code, anyone who exceeds their rights commits an unlawful act and is obliged to make amends. A noisy neighbor exceeds his rights and begins to violate the right to peace of his neighbors.
Therefore, the courts ordered him to pay compensation, basing the decision on the moral damage suffered by those disturbed. However, to prove the excessive noise, it is essential to produce evidence, such as testimony.
Although the plaintiff may sue the defendant, if the witnesses defend the alleged noisy neighbor, the plaintiff's antisocial behavior may be proven, allowing the judge to order him to pay the defendant compensation for moral damages, as he harmed both his image and his morals.
Therefore, it is understood that the right to peace and quiet is protected by Brazilian law; however, before resorting to legal means to resolve such disputes, it is essential to engage in dialogue and only then go to court. It is also important to note that neighbors must exercise common sense, since any sporadic or everyday noise will not give rise to moral damages.
Finally, it should be emphasized that problems related to this article should be studied by professionals, so that the person being bothered can find the best way to solve their problem and preserve the social relationships inherent to the neighborhood.
With the collaboration of Luis Felipe Meira Marques Simão.