Dealing with the disturbance of peace can be a challenge between neighbors. Whether at home or apartment, everyone has experienced a situation in which noisy neighbors take the peace out of the house.
Whether it’s because of loud music, a conversation that goes beyond the boundaries of the property or even animal noises, disturbing peace is one of the main subjects that causes disagreements between neighbors.
At times like this, the ideal is to cherish good coexistence between neighbors. But, in more serious cases, knowing the Peace Disturbance Law is essential to know what to do.
In this article you will be able to understand how the Peace Disturbance Law works and what you need to do to use it. Keep reading and learn more!
What does the Peace Disturbance Law say?
The peace disturbance law is quite broad, as it is based on different legislation. However, article 42 of the Criminal Misdemeanors Law (Brazilian Law No. 3688/1941) makes clear some issues related to public peace.
It can be applied in most cases of disturbing peace, such as the following:
- Screaming and racket;
- Exercise of an uncomfortable or noisy profession, in disagreement with the legislation;
- Abuse of sound instruments or acoustic signals;
- Provoking or not trying to stop the noise of animals that you have custody of;
It’s worth mentioning that the law doesn’t prevent you from doing any of the things mentioned above. However, it’s important to make sure you’re not disturbing other people’s peace of mind.
In addition, some other laws and regulations may apply when it comes to noise:
- NBR 10.152/87 ABNT – Noise levels for acoustic comfort
- Resolution 1/90 – CONAMA
- Brazilian Law No. 11,501/94 – Control and supervision of activities
- Brazilian Law nº 11.944/95 – Bars, nightclubs, canteens, etc.
The Silence Law, which is municipal, can also be applied, just check if your case is provided for in your municipality.
In the case of buildings and condominiums, the Brazilian Civil Code, instituted by Law nº 10.406/2002, says in its article 1.277 that “the owner of a building has the right to stop interferences harmful to the safety, peace and health of that inhabit it, caused by the use of neighboring property”.
The regulations of buildings and condominiums can also be used to justify the nuisance caused by noisy neighbors.
What time is the disturbance of peace and the Law of Silence?
There is no legislation at national level that defines the time of disturbance of peace. In practice, what exists are the different laws that regulate the subject through the Laws of Silence, which are usually at the municipal level.
Moreover, buildings and condominiums also have Internal Regulations, a document that contains important provisions for good coexistence between neighbors. In this case, the Assembly can indicate the time when it is not allowed to make noise in the properties, guaranteeing the well-being of the residents.
It’s important to remember that the hours from 10 pm to 6 am are not regulated by any Brazilian law, but by common sense. Therefore, there is no limit on which noise is allowed, in fact, excessive noise is prohibited at all times – whether during the day or at night.
What are acceptable noise levels?
Municipal laws usually define, in addition to the time, the acceptable noise level. That’s why it’s very important to check what the law is in your city.
Many of them use the NBR 10.151 standard to define acceptable noise conditions:
- Areas of sites and farms: 40 db during the day and 35 db at night;
- Strictly urban residential areas or hospitals and schools: 50 dB during the day and 45 dB at night;
- Mixed area, predominantly residential: 55 dB during the day and 50 dB at night;
- Predominantly industrial area: 70 dB during the day and 60 dB at night.
How to prove the disturbance of peace?
How to prove the disturbance of peace? Through video and audio recordings. Also, you can talk to other people impacted by the same issue to get witnesses.
This evidence is used in cases of police reports and even for possible lawsuits.
What to do in case of disturbance of peace?
The first step in dealing with noisy neighbors is to deal with the situation in a very cordial way, trying to solve the problem with a conversation. Of course, sometimes, just talking can’t solve it and the case can become even more delicate.
In these cases, if you live in a building or condominium, it’s worth seeking help from the liquidator or person responsible for maintaining order on the spot. Besides, it may be the case to register the case in the condominium’s occurrence book, which requires the liquidator to resolve the problem if this is repeated. Looking for this solution, the noisy person or family can be notified or fined by the condominium.
Faced with the disturbance of peace that persists, what you can do is register a police report and point out the evidence already recorded at the time of the disturbance. In the case of an unsustainable situation, it’s possible to go to court in search of reparations in the civil sphere.
It’s worth remembering that the process is a very extreme measure and the ideal is to seek more peaceful solutions with more administrative punishments.
How much is the fine for disturbing the peace?
If a person is denounced for disturbing peace and it’s proven that there has been an infraction, he/she may be sentenced to imprisonment from 15 days to 3 months or pay a fine under Brazilian Law No. 3688/41.
The fine for disturbing peace may vary according to the municipality when it comes to private homes or businesses. Local legislation defines this. If there is no legislation indicating the amount, it’s up to the judge responsible for the case.
However, when the loud sound is in motor vehicles, this is considered a serious traffic violation, resulting in a fine of R$ 195.23 plus points deducted from the driver’s license.
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