New perspectives on the instrument of the expropriation: the incorporation of planning and environmental principles / Novas perspectivas do instrumento de desapropriação: a incorporação de príncipios urbanísticos e ambientais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

Expropriation is planning tool widely used in Brazil in many other countries. In Brazil, legal fundament of expropriation is given by the Decreto-lei nº. 3365, of 21 of July of 1941 and Lei nº. 4132, of 10 of September of 1962, that have dealt, respectively, with expropriation for public utility and for social interest. It is previous, therefore, to the Federal Constitution of 1988, that has introduced a new urban order in which the principle of the social function of the property and urban planning are emphasized. In order regulate the Federal Constitution´s chapter on urban policy, it was edited, in 2001, the Estatuto da Cidade that includes expropriation among the legal instruments of the urban politics and regulates it as dispossession-sanction. The Dissertation discusses main aspects of property and the instrument of the expropriation in the Brazilian law, and in foreign legislation, analyzing models and methods used in expropriation for public utility, social, planning and environment interests. Also the concept of just price of compensation and the main problems of application of the instrument are studied. Case studies are presented. The work finishes by suggesting measures for making the instrument most efficient considering the current situation of the Brazilian State and its Public Administrations

ASSUNTO(S)

indenização função social da propriedade avaliação justo preço compensation social function of the property just price evolution desapropriação expropriation

ACESSO AO ARTIGO

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