Desapropriação indireta: forma irregular de intervenção do Estado na propriedade urbana

Abstract

The present work deals with indirect expropriation, exposing its flaws, legislative deficiencies and its violation of the basic rights of a determined person. Direct expropria tion and its different forms are presented, instituting them with a prerogative of public utility, public need and social interest, also retracting since the emergence of the discussion about the right to property, its historical origin, a social property function, until its integration into the Brazilian legal system by the Federal Constitution of 1988. Soon after, it describes the competence for expropriation, its expropriation procedure, with a mention as its expropriation phases, from a declaratory phase to a phase of execution of the expropriation. Then, exposing oneself or the main theme of this work, an indirect inappropriate procedure, used by political agents invested in their public offices, for the execution of their powers, inappropriate or immovable movable property without the legal use provided for by law. Indirect expropriation addresses issues related to situations in which it occurs, a possibility of using possessive actions, also performs an action used to recover damages and damages caused by indirect expropriation, its prescription and the amount of indemnity due by the state