Estudo das jurisprudências relacionadas à norma de desempenho

Resumo

The purpose of this article is to analyze the jurisprudence related to the performance standard to expose the current understanding of the Brazilian judiciary regarding compliance with the standard NBR 15575 in the maintenance, warranty, and useful life. The research method consisted of the collection of jurisprudence in the Jusbrasil website that covered the courts of the second and third instance civil courts of all Brazilian states between 2013 and 2018 through the keywords "nbr 15575", "nbr 15.575" and " performance standard." Among the 19 analyzed processes, the requirements of design life and water tightness to external moisture sources were the most frequent. Also, there was a trend of decisions favorable to the authors of disputes, represented by construction and real estate clients. Technical aspects of three processes are also discussed because of the peculiarity of the decision. The contribution of the research is based on the observation of court issues, supported by NBR 15575 to present the primary deficiencies of the projects, providing measures to combat them and reduce possible legal proceedings.