THE NATURE OF POWER IN CONDOMINIUMS

Abstract

Contextualization: In the face of the pandemic caused by the coronavirus, much has been discussed about the duties of the liquidator and his prerogatives in emergency situations, however, the analysis of the issue only by the available legislation does not seem to be enough to understand the duties of the condominium in its regulation, a deep reflection is necessary to identify the true nature of power in condominiums from a historical and philosophical point of view.

Objectives: The intention is to offer a vision of power in condominiums as a spark of the powers of the Republic, noting that within this larger set, there are other subsets organized into States and Cities, with a remnant of these powers still existing in the condominium, such as the capacity for self-regulation by the condominium convention, choosing representatives and councils through democratic manifestations in a private environment.

Methodology: This article investigates, using the deductive method in a bibliographical review, the possibility of observing the Union, States, Federal District, Municipalities and Building Condominiums, as a closed mass organized by the Naive Theory of Sets, aiming to prove the hypothesis that the principles established democratic principles for the republic must be reflected in all its members, whether individually or in their multiple sets.

Results: It is concluded that the Republic would be the main set, containing the Union, States, Federal District, Municipalities and Building Condominiums in successive subsets. Evidencing the jusphilosophical association of the Condomínio Edilício with a democratic legal microsystem, with its own characteristics of legislation and election, with legislative powers in the deliberation of its members for their self-regulation, and executive powers personified in the figure of the trustee, even demonstrating their ability to act in moments of crisis in favor of common interests.