The meaning of the just indemnization in judicial decisions

Authors

  • Adriana Teixeira de Souza

DOI:

https://doi.org/10.5821/ace.v3i9.2475

Keywords:

Expropriation by public authority, just compensation clause, Law.

Abstract

The article examines the payment of compensation for expropriated property in urban and rural areas in Brazil, through the study of judicial decisions. The analysis of judicial decisions examines the problem in the interpretation of the just compensation clause by the Brazil Supreme Court. The procedures used in the research were the cataloging of the Supreme Court decisions on expropriation. The objective was to verify the compatibility of the decided value with the fair compensation sought by the 1988 Constitution and by federal laws about expropriation by government.  The scope of the research included analysis of 53 trials. Three themes frequently discussed in the judicial decisions were considered, as well as the reasons exposed by judges to enforce their arguments.  The article allows to conclude that the meaning of the just compensation clause given by judges of the Brazil Supreme Court has been distanced from the ideal of the common good and social justice.

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Issue

Year 3, issue 9 (Feb. 2009)

Section

Special section

License

INTELECTUAL PROTECTION CRITERIA

At this moment, it is count with the "Oficina Española de Patentes y Marcas", while global protection it is being processed by the World Intelectual Property Organization (OMPI/WIPO). Nevertheless the International Standard Serial Number Office (ISSN) has given the following numbers ISSN: 1886-4805 (electronic version) and 1887-7052 (paper version). All articles will be peer reviewed, using double blind reviewing.

 
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