DESAPROPRIAÇÃO ADMINISTRATIVA AMIGÁVEL: e o dispositivo legal constitucional que impede a negociação da forma de pagamento do bem expropriado

Abstract

This study on the friendly administrative expropriation, sort of challenge-propriation that allows trading of the value and payment of compensation, is intended to demonstrate that it is possible through this kind deintervenção, the acquisition of property by the power public, faster and more economical way, negotiating the form of pa-gement of good expropriated without it hurting the state's intervention standards in particular pro-ownership and the right to property sculptured in our constitution. It is a thorough literature search, performed in works by renowned administrati-views authors and constitutionalists, as well as electronic files from the internet, taking as a starting point the study of the historical evolution of property rights and inter-vention means State property in particular, since the Constitution of 1824 until the present day, involving the social function of private property to the state's duty to promote the social welfare of the community. The concept of expropriation, as well as analysis of their most frequently used species, the complex laws that establish norms, including the impedi-ment constitutional legal provision of the focus on Office practice, have become essential to carry out a comparative study between the two institutes. In the result of the study presents the, remains proved that the friendly Administrative Expropriation Institute offers numerous advantages to expropriating and expropriated, however negaro constituted-tional device que-impede its applicability, it translates into an unconstitutional practice, which suggests a look closer, scholars of law on the subject, in order to seek legal legal alterna-tive to allow your application.