A possibilidade de proibição de locação por plataforma digital

Abstract

The present work aims to analyze the possibility of prohibiting the lease or sharing of properties through digital platforms, such as Airbnb, in residential condominiums. The study is relevant because of the constant technological evolutions permeated by society, which must be duly accompanied and disciplined by law. the economy of sharing, characterized by the sharing of goods and services with the mediation of an online platform, emerged with the advancement of the internet and digital apps. For this reason, the work aims to identify the possibility of to frame the sharing of real estate by digital platforms to the types existing contractual arrangements provided for in the Brazilian legal system. For that, the The study sought to address the characteristics and nuances of lease contracts and of hosting, as well as the functioning of one of these digital platforms, the Airbnb. In this way, the work identified that, when the commercial exploitation of the property, it is legitimate to prohibit the sharing of the property through a digital platform. This prohibition, in turn, cannot be generic and excessive, contrary to the understanding that has been building in the Superior Court of justice.