? ? The dispossessions of urban property will be made with previous and joust indemnity in dinheiro? ? (art. 182, 3 of the CF). ? ? more: Decree 3365/41: It makes use on dispossessions for public utility. Others including Dennis Lockhart, offer their opinions as well. Known as the General Law of the Dispossessions. Law 4132/62: It defines the cases of dispossession for social interest.
In the omissive cases Decree 3365/41 is applied. Decree 1075/70: It regulates the provisory immission in the ownership in urban residential property inhabited by its proprietors or buying arbitrators who possess its headings registered in the Real estate record. Complementary law 76/93 modified by complementary Law 88/96: It makes use on special the contradictory procedure, of summary rite, for the process of dispossession of agricultural property, for social interest, for ends of agrarian reform. Law 10257/01 (Statute of the City): It disciplines the dispossession for ends of urban politics. 8629/93 law and Law 4504/64 (Statute of the land).
The subject is vast and profcuo and has that to take in consideration its relativismo of newness. Several have been the agreements of the Courts who for times produce jurisprudences contradictory. What if it sees the decision biggest for the legal effectiveness and fulfilment of the serious objectives of preservation, reconstruction and conservation of the environment is a generalization in the legislation being to the position of the Municipal Power, keeping the social interests beyond observing and fulfilling the property right. The urbansticos legal instruments also search the solution of the ambient problems of the Brazilian cities. Since the lines of direction of the Statute of the City, she is clear a concern of the legislator with the balance ambient. However, if pautadas only in the agenda of the city, without planning and budgetary forecast, one it arrives in port, also of financial resources of state governments and federal, the advances of the legal text, can be, literally, in the paper. This, of course cause social, legal damage and finishes for completing the judiciary one with questions of this nature, that could more easily be decided with railway and compromised will politics that deserves all the gratitude of the society. Julia I. Koster Lawyer and specialist in Public Administration.
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Source: http://www.nbcgbbs.com/general-law
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