Decree Dispossession

The procedure of the dispossession is become fullfilled in such a way for saw administrative, in which the Public Power declares its interest in the dispossession and starts to adopt the steps aiming at to the transference of the good, how much for it saw judicial, where an agreement with the proprietor is not homologated, concluding in an action to be moved by the State against the owner of the property. The Federal Constitution establishes the legitimation of the dispossession, classified as didactically usual, in its article 5: ' ' Art. 5: The law will establish the procedure for dispossession for necessity or public utility, or social interest, by means of joust and previous indemnity in money, excepted the cases foreseen in this Constituio.' '. In what it refers to the reasons To be able Public to transfer to itself the property to it of third itself of the one for the based one on 3 (three) estimated: The public utility if presents when the use of private properties is convenient to the administrative interests, even so they are not essential. The public convenience, such when the Administration confrots problems that only if can decide with the transference of private properties for the domain of the administrative person charged to solve them. The social interest of the State occurs when the transference of private properties for the public domain or of commission agents of the public power if imposes, as measured destined to decide problems of the collective created by the particular property of one or some individuals. 1 In the national legislation, the first time where the institute of the dispossession is cited, is about the Decree n 3,365 of 21/06-1941, that it regulates the laws general of the dispossession, that approaches the term of public utility, establishing the cases of the same one, in the article 5: ' ' Art. .