The judges of the 18th Civil Chamber of the Court of Justice of Minas Gerais upheld a decision that determined that the Association of Former Students and Residents of the Katapulta Republic, located in Ouro Preto, refrain from ‘promoting events that disturb the peace of neighbors’, under fine of BRL 500, limited to BRL 10,000.
The ruling also maintained the republic’s condemnation to indemnify a neighbor, Mirante Hotel Turismo, after the establishment was poorly evaluated by guests ‘due to the intense noise of the place’. The arbitrated amount, however, was reduced by the collegiate, from R$ 10 thousand to R$ 6 thousand.
The defense highlighted the social function of the Ouro Preto republics and stressed that the residents “always sought authorization from the Government and comply with the limitations imposed” when the events took place. In addition, the lawyers stressed that there were no parties during the covid-19 pandemic and pointed out that the city of Ouro Preto “is notorious for its student community that promotes commerce, tourism and the most diverse areas” (read the full text at the end of this article). matter)
The decision was rendered in the context of an appeal filed by the Republic against the decision of Judge Ana Paula Lobo Pereira de Freitas, of the 2nd Civil Court. The lawsuit that started the legal dispute was filed by the Mirante hotel, which maintained that ‘the republican parties produce loud noise at dawn and cause the movement of a large number of people in the area, which bothers tourists who go to the countryside in search for peace’.
The establishment also maintained that due to the noise, customers ask for an early departure date from the hotel, with a consequent refund of money. The information was disclosed by the Court of Justice of Minas Gerais.
Within the scope of the process, the defense of the association of former students and residents pointed out that Ouro Preto is known by the student community, further arguing that the noise is within the normality of a republic. The republic also claimed that its eight residents are students and hold events to raise money until they finish their higher education at the Federal University of Ouro Preto. They maintain that they have authorization for the activity, provided by the Municipality of Ouro Preto, through the Municipal Department of Culture and Heritage.
In the first instance, judge Ana Paula Lobo Pereira de Freitas, considered that leaflets publicizing the events promoted by the republic and police reports showing that the Military Police were called due to the parties promoted in the place were attached to the records.
In the sentence, the magistrate cited the testimony of a witness who ‘several times witnessed the inconvenience caused by the parties, the improper use of the hotel’s parking lot by the guests and the failure of the attempts of composition between the parties’.
When analyzing the appeal of the Republic, the rapporteur, judge Habib Felippe Jabour, decided to maintain the conviction to pay compensation for moral damages, only reducing the arbitrated amount, as he understood that the ‘repeated holding of parties with excessive noise, resulting in the assessment of the police authority constitutes an illicit act and gives rise to compensation for moral damage’.
WITH THE WORD, LAWYERS OF THE KATAPULTA REPUBLIC
“With the sentence condemning the payment of R$ 10,000.00 (ten thousand reais) as moral damages due to “promoting events that disturb the peace of neighbors”, the filing of the appeal was necessary.
This is because the large amount did not prove to be reasonable given the characteristics and factual context. Although some of the events actually took place, the representatives of the Katapulta Republic always sought authorization from the Government and to comply with the imposed limitations.
It should also be noted that, in addition to the extensive and valuable historical collection, the city of Ouro Preto/MG is notorious for its student community that promotes commerce, tourism and the most diverse areas.
The social function exercised by the Katapulta Republic and other Ouro Preto republics cannot be neglected, in the sense of offering true student assistance, which through joint efforts manage to offer housing with popular values, facing the growing real estate speculation in the region.
For all this factual, economic and social conjecture, the Principle of Reasonability, Proportionality and Moderation must be observed in the valuation of the fine, which proved to be too costly in the light of the analyzed.
In this sense, the Judgment accepted the defense’s arguments by pointing out that “the principles of proportionality and reasonableness must be observed by the magistrate”.
Finally, it is extremely important to note that none of the events under discussion took place after the onset of the Covid-19 pandemic″
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