Uma análise do processo desapropriatório á luz dos instrumentos garantidores do interesse público.

Abstract

Expropriation is an institute constitutional supplied to the State by reason of its sovereignty to, to propose a justification of relevant social, incorporating a particular propriety to the State considering the evident problem in the Law to property, as we grasp the constitutional text, the expropriation is so fundamental to the lens collective interest, for compliance with social purposes intended need or public utility. This procedure can be processed by agreement or lawsuit. The Decree-Law n. 3.365/41 establishes the rite cool to be seen in the expropriation, in which, one should prioritize administrative principles and relevant legislation. Furthermore, there is disagreement in the public interest, blemishes incompatible with the expropriation procedure, as tredestinação unlawful, comprising the diversion of public purpose and the object of expropriation arise, thus faces mechanisms of a legal nature to ensure that the main purpose is achieved, the satisfaction of the collective interest. Instruments such as the action of misconduct, constitutional remedies and retrocession expropriation, are then analyzed the public interest in ensuring its applicability against the expropriation procedure distorted. This analysis aims titling means of controlling discretionary expropriation act, with respect to the merits of the allocation, since such use when unreasonable and disproportionate addiction sets in the act, subjecting the judicial review.