desapropriação

Desapropriação, also known as expropriation in English, is a legal mechanism by which the state, at any level of government (federal, state, or municipal), can acquire private property for public interest, social utility, or social necessity. This power is typically enshrined in a country's constitution or specific legislation. The underlying principle is that private property rights, while fundamental, are not absolute and can be superseded when they conflict with the greater good of society.

The process of desapropriação generally requires a formal declaration of public interest by the competent authority. Subsequently, the owner is entitled to just compensation for the expropriated property. This compensation is usually determined by market value and should be fair and pre-established, meaning it should be paid before or at the same time as the property is taken. In some jurisdictions, there are provisions for judicial review of both the necessity of the expropriation and the adequacy of the compensation.

Reasons for desapropriação can vary widely. They might include the construction of public infrastructure like roads, schools, or hospitals, urban renewal projects, land reform initiatives, or the preservation of historical or environmental sites. The state must demonstrate a legitimate public purpose for the acquisition. Failure to meet these criteria or to provide fair compensation can lead to legal challenges by the property owner. The concept aims to balance individual property rights with the collective needs of society.