20 5 of the Decree n 3.365/41. In general the debate if restricts to the sum of the indemnity. Presented the finding and finished the phase instrutria, the judge will pronounce the sentence, fixing quantum of the indemnity. The dispossession for social interest for ends of agrarian reform follows the summary procedure, as art. 184, 3 of the 6 CF and the Complementary Law n 76/93.
The dispossession offers the registral peculiarity to excuse the register of the previous heading, for if to understand that it is an originary way of acquisition of the property, in virtue of which the State calls itself directly the property, exempts of any responsibility. If the register to exist, the dispossession will be enrolled in the leaf of the dispossessed property to designate the loss of the property of the bearer nominated there. When the Public Power dispossesses somebody without the regular expropriatrio process, practises despoliation. The jurisprudence, however, to the bedding of that the public work cannot be demolida and of that to the proprietor nothing more it remains, it comes converting the writs of possession into action for indemnification, called indirect dispossession. Ahead of this, the proprietors costumam to enter directly with the action for indemnification against the Public Power. The origin sentence will declare the incorporation of the property to the public domain. 2. INDIRECT DISPOSSESSION the indirect dispossession is the administrative fact for way the State if it appropriates of private property, without observance of the requirements of the declaration and the previous indemnity. In such institute the State is assumen of private property without due process of law, it does not declare as well as the not paid public interest and joust and previous indemnity. It is glimpsed constitutional breaking of principles, as due process of law and the question of previous and the joust indemnity.
The dispossession offers the registral peculiarity to excuse the register of the previous heading, for if to understand that it is an originary way of acquisition of the property, in virtue of which the State calls itself directly the property, exempts of any responsibility. If the register to exist, the dispossession will be enrolled in the leaf of the dispossessed property to designate the loss of the property of the bearer nominated there. When the Public Power dispossesses somebody without the regular expropriatrio process, practises despoliation. The jurisprudence, however, to the bedding of that the public work cannot be demolida and of that to the proprietor nothing more it remains, it comes converting the writs of possession into action for indemnification, called indirect dispossession. Ahead of this, the proprietors costumam to enter directly with the action for indemnification against the Public Power. The origin sentence will declare the incorporation of the property to the public domain. 2. INDIRECT DISPOSSESSION the indirect dispossession is the administrative fact for way the State if it appropriates of private property, without observance of the requirements of the declaration and the previous indemnity. In such institute the State is assumen of private property without due process of law, it does not declare as well as the not paid public interest and joust and previous indemnity. It is glimpsed constitutional breaking of principles, as due process of law and the question of previous and the joust indemnity.
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