Desapropriações no ordenamento jurídico brasileiro: uma releitura sob o lume constitucional

Abstract

This work intends to analyze specific provisions of the Decree Law No. 3365 of 1941 based on the constitutional norms, in order to check its compatibility with the democratic rule-of-law state. Through a qualitative research, mainly bibliographic, using indirect sources, it is intended to avoid the application of these inadequate legal previsions on the judicial and doctrinal national spheres. It’s examined, besides, the content of the Draft Law No. 3985 / 2015 of the Chamber of Deputies, which is presented as an attempt to remedy the problems encountered. It’s suggested, finally, a law project to regulate the national expropriation procedures in a rationally, ethically and fairly manner, according to the basic principles of the post-positivist theoretical framework adopted.