CONDOMINIUM RESTRICTIONS AND PROPERTY RIGHTS: THE “AIRBNB” CASE

o caso airbnb

Abstract

This article examines the legal challenges arising from short-term rentals through digital platforms such as Airbnb within the context of Brazilian residential condominiums. From the perspective of Constitutional Civil Law, it discusses the relationship between the right to property and the limits established by condominium conventions, particularly in light of the principle of the social function of property. The main object of analysis is whether short-term rentals can be lawfully restricted through condominium regulations. The study adopts a methodology grounded in jurisprudential analysis, with emphasis on decisions from the Brazilian Superior Court of Justice. The findings indicate that, although property rights grant the owner broad powers over their asset, these rights are not absolute in the condominium setting. Collective living naturally imposes legitimate limitations, which may be formalized through the convention or internal regulations, as long as they comply with constitutional principles of reasonableness and proportionality. The article further suggests that such rules may be better structured through internal regulations to ensure flexibility and legal certainty. The research shows that Constitutional Civil Law provides both theoretical and practical tools suitable for resolving conflicts emerging from the shared economy, without undermining the social function of property, thereby harmonizing private autonomy with collective interests.