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Proposal Under Debate in Congress May Change Internal Practices of Condominiums Regarding Noise Related to Disabilities, Creating New Guidelines for Managers and Residents in Situations Previously Subject to Conflicts.
Condominium residents with disabilities, including individuals on the autism spectrum (ASD), may gain specific protection against fines for “disturbance of peace” in condominiums when the noise is directly related to their clinical condition.
This is stipulated in Bill 5576/2023, which is currently under conclusive review in the Chamber of Deputies and is still being analyzed by the Constitution and Justice and Citizenship Commission (CCJC), where the text has been awaiting the appointment of a new rapporteur since November 13, 2025.
Proposed Changes to Noise Rules in Condominiums
The proposal establishes that residential condominiums cannot impose fines for noise when the noise is a direct manifestation of the resident’s disability.
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The rule applies to situations where there is a clear nexus between the behavior and the person’s condition, as occurs in cases of sensory hypersensitivity, atypical behaviors, restlessness, impulsivity, or crises associated with ASD and other disabilities.
The text does not exempt any type of noise.
The possibility of sanctions remains when the noise is not related to the disability or when there is evident abuse of the coexistence norms set forth in the condominium’s convention and internal regulations.
The idea is to remove automatic penalties and require a contextual analysis in each case.
In the version currently under discussion, the protection applies to all people with disabilities, not just autistic individuals.
The project guides managers and assemblies to differentiate what is an expression of the disability from behaviors unrelated to this reality, which remain subject to usual penalties.
Expanding the Focus: From Autistic Individuals to All People with Disabilities
Bill 5576/2023 was introduced by Congressman Romero Rodrigues with an initial focus on individuals with autism spectrum disorder.
The original wording sought to prohibit “any sanctions in condominiums resulting from disturbance of peace” in situations involving residents diagnosed with ASD, through an amendment to Law 12.764/2012, known as the Berenice Piana Law.
In the Urban Development Commission (CDU), rapporteur Cleber Verde proposed a substitute that clarified, within the scope of the Civil Code, that the fine for “antisocial behavior” does not apply when the case involves a person with ASD.
The opinion was approved on November 27, 2024, after being processed without amendments.
The project then moved to the Commission for the Defense of the Rights of Persons with Disabilities (CPD).
At this stage, rapporteur Duarte Jr. presented a new substitute, approved on May 20, 2025, expanding the scope of the proposal to include all persons with disabilities, as long as the noise directly stems from the condition.
The text also explicitly incorporated the need to reconcile the right to housing with harmonious coexistence in condominiums.
Integration into the Statute of Persons with Disabilities
One of the most significant adjustments considered was to shift the normative axis to the Statute of Persons with Disabilities (Law 13.146/2015).
Instead of solely addressing specific policy for individuals with ASD, the substitute approved in the CPD incorporates into the Statute objective duties for managers, administrators, and assemblies.
According to the wording under debate, condominiums will have the duty to ensure treatment compatible with the resident’s disability and to seek a balance between the rights of those residing in the property and collective harmony.
In practice, this creates a legal parameter that tends to guide internal mediations before the application of sanctions, especially when the sound manifestation is inseparable from the condition of the person with a disability.
This change also serves as an interpretative guide for conflicts that already reach the judiciary.
Recent decisions reinforce the interpretation that noises linked to crises and characteristics of the disability cannot simply be treated as “bad behavior” among neighbors.
Current Status of Bill 5576/2023 in the CCJC
After the opinions were approved in the CDU and CPD, Bill 5576/2023 was forwarded to the Constitution and Justice and Citizenship Commission, the final step in the Chamber of Deputies due to the conclusive review process.
The CCJC received the proposal in May 2025.
On August 6, 2025, Deputy Nurse Ana Paula was appointed as the rapporteur.
The deadline for submitting amendments in the commission ran from August 7 to August 20 without any new proposals being recorded.
On November 13, 2025, the parliamentarian ceased to be part of the CCJC, and the processing record began to indicate the status of “awaiting appointment” of a new rapporteur.
As of the most recent available record, no opinion had been voted on in the commission.
Since the project is reviewed conclusively in the commissions, it will only move to the Federal Senate after approval in the CCJC, unless there is a request for analysis by the Chamber’s Plenary.
There has been no indication of sending to the Senate in the official record.
Practical Effects and Limits of the Protection
The text developed throughout the process makes it clear that this is not an unrestricted authorization to make noise in condominiums.
The exemption from fines is conditioned on the proof that the noises are a direct expression of the resident’s disability.
Examples mentioned in the opinions include situations where screaming, agitation, repetition of movements, or difficulty in sensory regulation are characteristics of the clinical condition of the person with a disability, and not voluntary behavior intended to disturb neighbors.
In these cases, the project’s logic is to prioritize reasonable accommodation and the search for coexistence solutions, rather than automatic penalties.
On the other hand, noises unrelated to the disability remain subject to the rules of the convention, civil legislation, and, if necessary, judicial intervention.
How to Act While the Project Is Not Yet Law
While Bill 5576/2023 has not yet become law, the Civil Code, condominium conventions, and the protection legislation for persons with disabilities, especially the Statute of Persons with Disabilities and Law 12.764/2012, remain in effect.
In disputes involving noises attributed to a condition recognized as a disability, experts recommend documenting the circumstances, avoiding hostile approaches, seeking mediation with the involvement of the manager, and considering reports indicating the relationship between the sound manifestation and the clinical condition.
The general guideline that the project seeks to consolidate in law has already appeared, in part, in recent judicial decisions: avoid punishing manifestations inherent to the disability, while preserving the rights of other residents to harmonious coexistence.
Expected Impact on Families with ASD and Other Disabilities
If approved in the form of the substitute under discussion, Bill 5576/2023 is expected to reduce conflicts between families of individuals on the autism spectrum, other people with disabilities, and neighbors in condominiums.
By delineating that the fine does not apply when the noise is a direct manifestation of the disability, the project offers clearer benchmarks for managers, administrators, and assemblies in decision-making.
The proposal also reinforces the notion that condominium management needs to consider the principle of inclusion, avoiding practices that may result in indirect discrimination.
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