As is known, the hotel and formal accommodation sectors of the main cities of the world and of Latin America have suffered for years an unfair competition against Airbnb, which operates informally in the destinations, not paying taxes or any type of charges social in most cases.
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As reported by the Efe agency, now the future of Airbnb in Brazil has been dyed in shadows after this ruling of the Fourth Chamber of the Superior Court of Justice (STJ), which could lay jurisprudence for similar cases and that dates back to a case that arose in 2019, when the residents of a building in the city of Porto Alegre filed a legal action against this type of rental on the grounds that it was against the rules established in the condominium convention.
“The convention (of the building) has the powers to regulate and veto that kind of non-residential use of the property,” the court ruled after the arguments of the three magistrates who voted in favor of the ban (only one voted against) making axis in the safety of residents against this type of rental, which also includes the use of common areas of the buildings.
In that sense, Judge Raul Araújo considered that renting entire units or just rooms poses a risk to the safety of other residents.
For his part, the magistrate Antonio Carlos Ferreira also voted in favor of neighborhood autonomy, although he pondered that the trial is not about the legality of Airbnb, but about the possibility that the community of neighbors veto the rents or not through that platform.
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