DESAPROPRIAÇÃO INDIRETA SOB A PERSPECTIVA DO PRINCÍPIO DO DEVIDO PROCESSO LEGAL E DO DIREITO À PROPRIEDADE PRIVADA

Abstract

This article aims to analyze the institute of indirect expropriation from the perspective of the principles that govern Public Administration, the principle of due legal process, provided for in the Magna Letter, and the right to property, provided for in both the Federal Constitution and the Civil Code. To achieve this, this work is based on qualitative research, carried out using a deductive method, which was based on technical procedures based on doctrine, legislation, jurisprudence and constitutional principles. Thus, it is possible to state that the institute of indirect expropriation consists of the fact by which the State appropriates the property of a private individual, without observing the requirements of the declaration and prior compensation, that is, there is no legal procedure inherent to the expropriation process, not following the declaratory phase and the expropriation phase. Therefore, the present study examines, especially, the unconstitutionality of such an institute in view of the principle of due legal process and the right to property, taking into account the friction between indirect expropriation and them.