Post by account_disabled on Mar 13, 2024 3:53:47 GMT -5
There is no need to talk about eviction, based on an empty complaint, of a tenant who carries out religious activities, unless there is one of the hypotheses provided for by law. With this understanding, the 25th Private Law Chamber of the São Paulo Court of Justice rejected a request for eviction from an Umbanda terreiro in the capital. The action was filed by the property owners, who did not want the lease contract renewed.
Ascom/Setur TJ-SP denied eviction action from Umbanda terreiro in the capital of São Paulo
In the first instance, the action was B2B Lead dismissed based on the Tenancy Law, which establishes that hospitals, schools and religious entities are not affected by eviction actions.
In their appeal to the TJ-SP, the owners claimed that the Umbanda terreiro "does not have as its corporate purpose the function of a religious entity and that there are no religious services in the defendant".
However, the rapporteur, judge Marcondes D'Angelo, stated that "there is no need to talk about eviction based on an empty complaint from a duly registered religious entity (article 53 of the Lease Law), except for some hypotheses that are not applicable to the case under examination ". He also dismissed the authors' thesis that the Umbanda terreiro had no registration or operating license, which would justify the eviction.
"Although there is some irregularity regarding the municipal requirements for the operation of the establishment, the purpose of the lease is well-known, in which the Centro Espiritualista de Umbanda Estrela Guia, a non-profit religious and assistance organization for the general public, appears as tenant. The defendant's Bylaws also provide for the purpose of promoting activities linked to the development of human beings and their social integration, through all religious, cultural means, etc.", he said.
Thus, unanimously, the TJ-SP maintained the first degree sentence, allowing the Umbanda terreiro to continue its activities normally.