Brazil's STJ rules condominiums liable for thefts caused by security failures

The Superior Tribunal de Justiça (STJ) has ruled that condominiums can be held liable for thefts occurring in apartments if the crime is facilitated by the negligence or imprudence of concierge staff. The decision, made by the Third Panel, establishes that while condominiums are not obligated to guarantee that no crime occurs, they must employ all available means to prevent such incidents.

The case involved a Rio de Janeiro condominium where criminals entered an apartment while the residents were traveling because staff allowed access without proper authorization or identification. The court upheld previous rulings ordering the condominium to pay R$ 24,000 in moral damages and R$ 12,000 in material damages.

Relator Minister Nancy Andrighi noted that negligent or imprudent conduct by security employees that contributes to a crime constitutes an illicit act under the Civil Code. This ruling emphasizes the necessity for strict access control protocols, staff training, and effective oversight of security services within residential buildings.