Short-term rentals in Floripa: what the law says (and doesn't) before you invest

Short-term rentals are one of the big investment bets in Florianópolis. But before buying with platforms like Airbnb in mind, there is one question that decides profitability: is it legal to do so in that property? The answer has several layers — and it pays to clear up a common misunderstanding at the outset.

It wasn't the STF: the authority is the STJ

The court that has set the doctrine on short-term rentals in condominiums is not the Federal Supreme Court (STF), but the Superior Court of Justice (STJ). In 2021, the STJ's 4th Panel (REsp 1.819.075) established that, when the condominium bylaws provide for exclusively residential use, owners may not offer the unit on lodging platforms; those bylaws can authorize the use by a qualified majority (two-thirds).

In May 2026, the STJ's 2nd Section (REsp 2.121.055) reinforced that line: recurring, professional operation of short-term rentals can distort the strictly residential purpose, and changing that purpose requires the approval of at least two-thirds of the condominium owners (Article 1,351 of the Civil Code). In addition, the STJ designated other appeals as repetitive (Tema 1.443) and suspended proceedings nationwide: the definitive binding thesis is still pending, so the matter is worth following.

What the Tenancy Law defines

On the contractual side, Law 8,245/1991 (Article 48) defines the "seasonal lease" as a residential rental of a temporary nature — leisure, courses, medical treatment, building works — contracted for a term not exceeding 90 days. It is the legal basis for short-stay rentals throughout Brazil; the law itself does not prohibit platforms. The restriction, when it exists, comes from the condominium and its bylaws.

The economic weight — and the regulation that hasn't yet arrived

The phenomenon is enormous: an FGV study estimated that the Airbnb ecosystem moved close to R$ 4.7 billion in Florianópolis's economy in 2024, and at a municipal public hearing (November 2025) more than 30,000 short-stay listings in the city were cited. At the local level, there is a bill (2025) that would create a municipal lodging registry, require registration with Cadastur, and address ISS withholding by the platforms. Important: it is a proposal, not a law in force; as of mid-2026, Florianópolis has no specific municipal short-term rental statute, and the application of the ISS to these operations is in dispute.

What it means for the investor

The practical conclusion: before buying for short-term rental, the first step is to read the condominium bylaws — much of the game is decided there — verify the building's designated use, and follow both the definition in Law 8,245/1991 and the evolution of the STJ's Tema 1.443 and the municipal bill. The profitability of short-term rentals is real, but it depends on a framework that is worth understanding precisely.

This note is for informational purposes and does not constitute legal advice. For a specific case, consult a lawyer.

Sources

• STJ — REsp 1.819.075 (4th Panel, 2021) and REsp 2.121.055 (2nd Section, 2026); Tema 1.443 (designation as repetitive, 2026).
• Law 8,245/1991, Article 48 (Planalto) — definition of the seasonal lease.
• FGV (via ND Mais) — economic impact of Airbnb in Florianópolis (2024).
• NSC Total / Florianópolis Municipal Council — municipal regulation bill (2025).
• Migalhas and Conjur — analysis of the STJ case law on short-term rentals in condominiums (2026).