Public Power

The indirect dispossession can be equalized to the appropriation of private property despoliation and, therefore, it can be hindered by means of possessory action. However, if the proprietor not to hinder it at the opportune moment, leaving that the Administration it it gives a public destination, more will not be able to demand the property, therefore the expropriated goods, a time incorporated to the common wealth, cannot be claim object, following orientaes of art. 35 7 of Decree n the 3,365/41 and art. 21 of the Complementary Law n 76/93. Also the dispossession in the situation occurs where the Administration imposes so extensive restrictions to the good in question completely becomes that it emptied of economic content.

Or in the case of the Public Power if not to possess directly of the good, but it imposes limitations that hinder the proprietor to be able to exert total them inherent to the domain of the property. Soon, it is verified that two requirements exist to be configured the indirect dispossession: The good must be incorporated the patrimony of the Public Power, or that determined limitation imposed for this to the use of the good it results in the complete esvaziamento of the economic content of the property; The situation ftica is irreversible. 3. ACTION OF EXPROPRIATED the expropriatria law left clearly that the indirect dispossession provokes the effect to allow the expropriated one to claim to damageses. The order to be formulated by the wronged one is of indemnity, since the loss of the property for the indirect dispossession is the simple generating fact of the action. The decision of this cause does not affect the right-hander of property of the Administration, since in the quality of incorporated good It can to it Public became intangible. The sentence, in case that originating, will condemn the State to indemnify the author, in view of the damages caused in face of the indirect dispossession, verifying the condemnatory content of this.