Os direitos dos administrados em face da desapropriação indireta

Abstract

Indirect expropriation, a phenomenon arising from the intervention of the State in private property, is configured as an important situation in the contemporary legal-social context. In it, the public entity, as a subject of law endowed with autonomy and imperative, takes for itself the property of an individual irregularly, without paying attention to the legal procedure for doing so. Thus, private property becomes part of the public patrimony unduly, as the individual has his property subtracted by the Public Power without any plausible consideration justifying the measure, either from a financial point of view, due to the absence of payment of compensation, or from the procedural point of view, with the non-presentation of a declaration that supports the intervention. Notwithstanding these factors, the non-observance of other rights, such as the right to housing, the right to contradictory and ample defense, etc., is also present. Also, with the illicit event, other rights are born, such as the right to retrocession, responsibility of the intervening authority, etc. For these reasons, it is essential to analyze and make notes regarding the conduct of the State in the context of indirect expropriation, so that reasonable solutions are presented to the problem, aiming at the effective fulfillment of what the national legal system recommends in relation to guarantees of the citizens against the illegal action of the State.