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The Construction Company Was Condemned by the Justice to Compensate 15 Families in R$ 10 Thousand Each for Moral Damages After Termite Infestation Caused by Construction Failures in a Building in Santos, That Was Left with Areas Banned for Almost Three Years.
According to the portal Conjur, the justice of São Paulo condemned a construction company to pay R$ 10 thousand in compensation to each of the 15 families that faced a termite infestation in a residential building in Santos (SP). The case revealed flaws in the construction process and technical negligence, resulting in damages that surpassed mere everyday inconvenience.
The decision was issued by Judge Bruno Nascimento Troccoli, of the 8th Civil Court of Santos, who recognized the objective responsibility of the company for the construction defects, based on the Consumer Protection Code. The magistrate understood that the negligence of the construction company in removing wood debris during the work created ideal conditions for the proliferation of the insects.
Expert Report Confirms Technical Negligence
According to the technical report attached to the case, the infestation originated directly from the wood debris left on the building’s slabs.
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The responsible expert classified the anomalies as endogenous defects, that is, defects arising within the construction process itself, and highlighted the non-compliance with the standards of the Brazilian Association of Technical Standards (ABNT).
The report, prepared with the assistance of technical experts from both parties, concluded that the environment created by the construction company—dark, humid, and with leftover construction materials—favored the appearance and reproduction of termites.
For the judge, the causal link between the negligent conduct and the damage suffered by the families was established, making the company’s responsibility indisputable.
Decision Based on Civil Responsibility
In deciding the case, Troccoli cited Article 14 of the Consumer Protection Code and Article 186 of the Civil Code, which establish the obligation to repair damages, even moral ones, caused by negligence or recklessness.
He emphasized that the problem went beyond the concept of “mere annoyance,” as it affected the quality of life and the right to fully enjoy the properties.
The families reported that common areas such as the pool, gym, party room, and playroom were closed for almost three years.
Moreover, the residents had to deal with insects and pest control chemicals, which compromised collective health and well-being.
For the magistrate, the episode represents a clear violation of the peace and dignity of the residents.
Arguments of the Construction Company and the Judge’s Counterpoints
In its defense, the construction company admitted the infestation but denied that the problem lasted for three years.
The company claimed that the condominium hired inefficient pest control companies, which would have aggravated the situation, and argued that the inconveniences did not constitute moral damage.
The judge, however, considered that the construction company’s posture did not absolve it of responsibility. According to the ruling, the mere fact that residents lost the use of leisure areas and lived with pests for so long already characterizes compensable moral damage.
The amount set at R$ 10 thousand per family was considered “reasonable and proportional” given the extent of the damages and the educational nature of the decision.
Impact and Importance of the Decision
The case reinforces the application of objective responsibility of construction companies for construction defects, even when there are claims that the problems were exacerbated by third parties.
Experts point out that decisions like this have a preventive and educational effect, encouraging companies in the real estate sector to adopt stricter technical standards and post-delivery follow-up.
In addition to individual compensations, the construction company was condemned to pay court costs and attorney’s fees, set at 10% of the total value of the compensation.
For the residents, the ruling represents the recognition of three years of inconvenience and loss of quality of life, with relevant financial and psychological impacts.
The conviction of the construction company in Santos reinforces the role of justice in protecting consumers and holding accountable for construction failures that compromise the use of properties and the health of residents.
The episode also warns of the importance of oversight and proper maintenance of recently delivered works.
And you, do you believe that R$ 10 thousand per family is a fair compensation given the damages suffered? Cases like this should serve as an example for other construction companies in the country? Share your opinion in the comments; we want to hear from those who have gone through similar situations or work in the construction sector.
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