EMOTIONAL SUPPORT ANIMALS IN RESIDENTIAL CONDOMINIUMS:

THE TENSION BETWEEN CONDOMINIUM REGULATIONS AND THE FUNDAMENTAL RIGHT TO MENTAL HEALTH

Abstract

This article investigates the legal issues arising from the presence of Emotional Support Animals (ESAs) in residential condominiums in Brazil, considering the absence of specific federal legislation on the subject. Through bibliographic and documentary research, adopting a qualitative approach and the hypothetical-deductive method, the study distinguishes the categories of assistance animals recognized by the Brazilian legal system, analyzes the limits of condominium self-regulation powers, and examines the conflict between the collective private autonomy of condominium owners and the fundamental right to mental health, enshrined in Articles 6 and 196 of the 1988 Federal Constitution. The study concludes that a valid medical prescription and proof of the therapeutic necessity of the ESA constitute sufficient grounds to override general prohibitions established in internal condominium regulations, in light of the principles of human dignity and the social function of property, without prejudice to the imposition of reasonable obligations on the animal's guardian.