Da ação de desapropriação por utilidade pública

• Autor(a) principal: Cintra, Valentina Jungmann
• Data de Publicação: 2006
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7436
• topic: Agravo interposto; Agravo por instrumento; Agravo retido; Decisoes interlocutorias; Direito das relacoes sociais; Processo civil; Desapropriacao -- Brasil; Processo civil -- Brasil; Recursos (Direito) -- Brasil; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This dissertation is intended to analyse issues regarding the action of expropriation for purposes of public use. Aspects such as the nature of this action, the conditions for its filing, its elements, are herein examined. The dogmatic line of reasearch is adopted, and the dialetical methodology is used. This work has been based on immediate formal sources of documental law research (legislation, academical production, case law). In order to better identifying the object of expropriation, which may consist of chattel or realty, rights and interests alike, a distinction between assets and rei is delineated, by means of a verification of the many sorts of assets. Morevoer, taking into account that expropriation modifies a ius in re, which is the right of ownership, and in attention to the very characteristics of the last, a differentiation between ius in rem and ius in personam is carried out. The right of ownership is examined, as regards its origin, historical evolution, object, having its social function been emphasized. The forms of acquisition, limitation and extincition of the so mentioned right are also studied. As for expropriation itself, its history is considered closely. The academical definition of expropriation is herein presented, in its elaboration by so many Administrative and Civil law scholars, that contains various aspects regarding its fundaments, elements and objetct. The act whereby the State manifests the intention to expropriate is also analized. In respect of the action of expropriation for purposes of public need, it is demonstrated that the motion is juridically admissible, in the terms of the law. 18 Effort has been made in order to identifying the persons and entities that hold the capacity to sue and to be sued, and also the kind of interest that make such motion justified. On the other hand, considering that actions may be identified through the examination of certain elements, like the parties, the motion and the cause of action, these elements are studied. In conclusion, it is stated that, in attention to the evolution of the right of ownership and procedural law as well, modifications in present legislation are needed, for the purpose of a better handling of the matter, concerning the contemporary context