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Understand the decision of the 2nd Civil Court of Samambaia, which recognized moral damages after noise in a condominium affected a teenager with autism spectrum disorder.
A court decision drew attention in the Federal District by addressing noise in a condominium and its impacts on a family with an autistic teenager. Judge Edson Lima Costa, from the 2nd Civil Court of Samambaia/DF, ordered a resident to cease excessive noise and pay R$ 19,000 in compensation for moral damages.
The magistrate concluded that the noise aggravated the clinical condition of the teenager with autism spectrum disorder and also affected the other family members. Additionally, the sentence imposed a fine if new sounds exceed the limits defined by the court.
Learn about the noise case in the condominium
The family reported living in the condominium for over nine years without significant coexistence problems. However, the situation changed after the neighbor moved into the apartment directly above.
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According to the residents, noises began such as furniture dragging, objects falling, door slamming, and flushing during the night. The teenager was diagnosed with autism spectrum disorder, cognitive deficit, behavioral changes, and auditory processing deficit.
With exposure to the noise, he began to show agitation, irritability, anxiety, and heteroaggressiveness. The mother reported emotional deterioration and the need for psychiatric treatment.
Before resorting to the court, the family claimed to have tried to talk to the neighbor. They also delivered a notice about the condominium’s quiet hours. Even so, as reported in the lawsuit, the noise continued.
Therefore, the family members requested the cessation of noise above the permitted limits and compensation for moral damages.
Why the court held the neighbor responsible
In his defense, the resident denied responsibility for the noise. He claimed that his routine did not match the times pointed out by the family. He also stated that the building might have acoustic insulation flaws.
Furthermore, he argued that the sounds could come from the building’s structure, the street, or nearby properties. However, the judge found that these explanations were unproven.
During the process, the magistrate ordered an acoustic engineering examination to identify the source of the noise. However, the procedure did not occur because the defendant did not deposit his share of the fees.
Thus, the judge considered that the resident himself made the production of evidence unfeasible. In analyzing the case, he considered a private technical report, condominium notifications, and measurements exceeding 80 decibels.
He also noted the coincidence between the start of the noise and the neighbor’s move to the property.
Compensation, noise limits, and fine for non-compliance
In the ruling, the judge ordered the resident to stop producing noises capable of disturbing the family’s peace. Between 10 PM and 6 AM, he cannot emit sounds above 45 decibels.
During the day, the limit was set at 50 decibels. If he fails to comply with the decision as proven, the neighbor will pay a fine of R$ 500 per occurrence, limited to R$ 50,000.
Regarding moral damages, the court divided the compensation among the family members. The teenager will receive R$ 7,000. The mother will also receive R$ 7,000 due to the emotional impacts reported in the process. The father will receive R$ 5,000.
In justifying the decision, the judge emphasized that medical reports proved the severity of the sound effects on the teenager. According to the ruling, for him, the damages caused by the noise represented “true torture” and caused significant medical harm.
