Expropriação de propriedades que são usadas para o cultivo de plantas psicotrópicas

• Autor(a) principal: Costa, Leonardo de Mattia
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15780
• topic: Desapropriação; Expropriação; Intervenção; Propriedade

This work deals with the expropriation of urban or rural properties that grow psychotropic plants illegally. The general objective of the work was to analyze the expropriation institute in the properties that practice these illegal acts and to compare it with the other forms of interventions in the property. For this, it was necessary to make use of bibliographic and documentary methodologies. In the end, it was possible to conclude that expropriation is a form of suppressive intervention in private property and that it differs from other forms of interventions, as well as it differs from disappropriation. Expropriation is as if it were a sanction applied to the owner of a property for committing those illegal acts contained in article 243 of the 1988 Federal Constitution and without the provision of any indemnity. The hypotheses that may give rise to this type of action are as follows: the illegal cultivation of psychotropic plants and the exploitation of slave labor (this hypothesis was predicted after the constitutional amendment nº 81, 2014). In the case of the present work, it is the expropriation by the illegal cultivation of psychotropic plants. These plants are duly contained in Ordinance SVS/MS nº 344/1998. Finally, it was possible to conclude that expropriation is applied to the totality property where these types of illegal crops are located. However, the liability of the property owner can away it is case proven that he did not incur guilt, even if in watching or in choose.