AIRBNB: CONFLITOS ENTRE OS DIREITOS ADVINDOS DOS CONTRATOS ATÍPICOS DE HOSPEDAGEM VIA PLATAFORMAS DIGITAIS E A DESTINAÇÃO RESIDENCIAL DOS CONDOMÍNIOS EDILÍCIOS

Abstract

The main objective of this work is to focus on the study of conflicting rights involved in the onerous assignment of use of property carried out through digital platforms - in this case, Airbnb - and building condominiums of a residential nature, specified in their condominium agreements. The methodology used in the preparation of this study was bibliographical research, searching for jurisprudence, with a main focus on the positioning of the Superior Court of Justice on the subject, as well as the legislative analysis. Divided into three chapters, we sought to first present the disruptive innovations - and the panorama around them - that break with a traditional model of production and consumption, and the new sharing economy, as well as civil liability and the economic and tax aspects triggered by these new relationships. Subsequently, a survey of national and international legislation was carried out, specifically involving such platforms, and the need for more regulatory provisions regarding them. And finally, it explained about the rights inherent to property, the legal nature of the condominium agreement- as well as its binding force - and the Brazilian jurisprudence; in order to analyze the legal nature of relationships via applications, hosting or unusual hosting agreements and its incompatibility with the residential destination of building condominiums.