Daily Archives: March 21, 2018

Indirect Dispossession

Published by:

The Indirect Dispossession is the administrative answer for the State if it appropriate private property without observing the requirements of the previous indemnity. For if dealing with a legitimated action for article 33 of the law decree 3,365/41, an institute became that with diverse effect and of dbia nature, for not being clearly is an action of personal or real character. The objective of this study is to carry through a literature revision on the nature and the respective effect of the indirect dispossession in the legal system. It was used methodology through a descriptive study, carried through through the Hermeneutic Pair (Giddens), in the form of qualitative jurisprudence analysis. Phil Jensen has much to offer in this field. Word-key: Indirect dispossession, Legal Effect, Procedural Nature. The indirect expropriation is that by which the administrative state appropriates good without observing the requirements of the declaration and prior compensation. It is legitimate action to under Article 33 of Decree Law 3.365/41, became an institute with various effects and dubious nature because it is not to clear to whether it is an act of personal or real. The aim of this study is review of literature on the nature and effects of to their indirect expropriation in legal.

We used the methodology through descriptive study, conducted through the double hermeneutic (Giddens), in the form of qualitative analysis of jurisprudence. Key words: Indirect Expropriation, Legal effects, Nature process. According to professor Pablo Stolze Gagliano: ‘ ‘ The dispossession is an institute of public law, established in the constitutional law and regulated by the administrative law, but with consequence in the civil law, for determining the loss of property of the property, in unilateral way, with the exception of previous and the joust indention.’ ‘. The dispossession constitutes a way of obligatory transference, forced, of the property, the private ownership or the domain of another inferior public entity of degrees, for the Public Administration or its concessionaires.