A possibilidade de indenização por desapropriação indireta em casos de tombamento de imóveis

Abstract

The present work seeks to discuss the feasibility of the indemnification, by the state entity, to the owner whose good was registered, through the configuration of indirect expropriation. With this objective, the right of ownership, with the study of the faculties of the domain, will be approached the theme of state intervention in the property, with the motivating reasons for it. Also will be discussed in specific the institute of the tipping, with the justification for its existence, its legal nature and effects in the property tilted property. In addition, the institute of expropriation and the modality of indirect expropriation will be studied, in order to establish the discussion about the possibility of recognition of indirect expropriation caused by the tipping, with the consequent right of the owner prejudiced to the indemnification in the value of his property. The study of the feasibility of compensation will be given through a doctrinal analysis on the subject, as well as judicial decisions, especially the jurisprudence of the Federal Supreme Court on the subject. With such tools, an attempt will be made to clarify how indirect dispossession can occur in the case of a property that has been overturned, recognizing the right to indemnify the owner when the tipping empties the economic content of his property rights.