Retired Elisabeth Morrone and her son were ordered to leave the condominium where they live, in the west zone of the capital of São Paulo, for displaying “antisocial behavior”. In 2022, Elisabeth was filmed making racist insults against comedian Eddy Júnior, who lived in the same building as the retiree, in the Barra Funda neighborhood. He was called a “monkey”, “bandit”, “thief” and “filthy”.
In May of last year, the Public Prosecutor’s Office of São Paulo filed a complaint against the resident for racial abuse and threats. Two months later, the court accepted the complaint and she became a defendant in the case.
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At the time, her defense denied that there was racism and stated that the video published by the comedian was edited.
Expulsion from the condominium
The condominium administration, which claims that “for months it has been suffering with the antisocial behavior” of Elisabeth and her son and cites the existence of “noise practically every night, turning on the sound system and dragging furniture, which constantly disturbs the peace”.
The condominium claims that it applied several fines to the resident, which, it claims, “were applied regularly, given the repeated failure to comply with duties
legal and the rules provided for in the condominium agreement and internal regulations by the author, who engaged in antisocial behavior, such as stealing and damaging a page from the incident book, insulting residents, intimidating residents with a bottle of wine and knives and accusing condominium service providers of being untruthful, even leading to the preparation of an incident report”.
In her decision, Judge Laura de Mattos Almeida, of the Court of Justice of São Paulo, cites the case involving the comedian. “Elisabeth’s son, Marcus Vinicius Morrone Santori, bothered by the noise, threatened the resident of unit no. 54 A, Edson Marciano Júnior [Eddy Júnior]including while carrying a knife.”
Elisabeth questioned the legality of the fines she received in court, but the court did not accept the legality. “The fines are valid and cannot be cancelled,” said the judge.
“The exercise of the right to property, however, is not absolute, and the owner has the duty to use the thing in accordance with its social function (CF, art. XXIII) and, in the case of an autonomous unit in a building condominium, as in this case, it is also necessary to observe the rules contained in the condominium agreement, the internal regulations and the resolutions of the assembly”, added the judge.
“And, in this regard, the condominium agreement expressly provides for the duty of condominium owners not to use their independent unit in a manner that is detrimental to peace,
health and safety of the owners, or good customs”, he added. “And the impossibility of living harmoniously in the condominium allows
that condominium owners adopt measures to restrict the antisocial property rights.”
The decision was published last Tuesday (16) in the Electronic Official Gazette. Elisabeth has 90 calendar days to leave the property, “under penalty of adoption of the pertinent coercive measures”. She was also ordered to pay attorney fees, set at 10% of the value of the case.
A CNN sought out lawyer Fermison Guzman Moreira Heredia, who said that she will appeal: “The decision is silent and the applicant will appeal, furthermore, it was not final and binding, which is why it is not a final judgment.”
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Source: CNN Brasil
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