According to the plaintiffs, for more than a year, the defendant has held events both during the day and at night with loud music.
A bar in Asa Sul was ordered to compensate four residents of a neighboring building for emitting noise above the legal limit. According to the judge of the 9th Civil Court of Brasília, the acts were against the peace of the neighborhood.
According to the plaintiffs, for more than a year, the defendant has held events both during the day and at night with loud music. They report that, even after the end of the parties, the regulars remain in the place or, in some cases, they stay on the pilotis of the building, emitting noise.
In its defense, the bar claims that it respects the rules and laws governing sound emission and has made investments in sound insulation. He still says that there are noises and noises from other commercial spots on the block for which he cannot be held responsible. It also argues that there is no proof of noise emission above the legal limit in the restaurant.
When analyzing the case, the magistrate observed that the evidence of the process demonstrates that the sounds emitted exceed the legal limit. The expertise, carried out during an inspection before the preliminary decision that determined that the defendant refrain from emitting sounds or noises above that allowed by law, pointed out that “the establishment contributes to the increase in noise levels, even considering the local ambient noise”, becoming “the main source of noise pollution, causing discomfort to the local community”.
“The defensive thesis of impossibility of attributing responsibility for the noise emission mentioned by the plaintiffs to the defendant establishment does not succeed, (…), since the measurement took into account the residual noises, in order to point out that, even disregarding them, the defendant resulted in non-compliance with the law”, he recorded. The judge also recalled that, in places where there are commercial and residential properties, “night business activity must be limited to guarantee the peace of the neighbors, paying attention to the need for a degree of tolerance by the surroundings”.
For the judge, the configuration of moral damages is evident. “The outrage to the rules that regulate good coexistence between neighbors, the unrest caused by the defendant to the plaintiffs, deprived of silence, rest, peace and tranquility at the opportune moments by acts deliberately performed by the defendant, who was notified and warned by the public power, were far superior to the mere unpleasantness of everyday life”, he said.
Thus, the defendant was ordered to pay each of the four plaintiffs the amount of R$ 2 thousand as moral damages. The defendant must also refrain from making sounds or noises above the legal limit of 50dB for nighttime and 55dB for daytime.
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