A compatibilização da indenização prévia, justa e em dinheiro nas desapropriações com o regime de precatórios

Abstract

The purpose of this paper is to analyze the compatibility of the prior, fair and in cash indemnification on expropriations with the writs of payment (precatórios) regime, writs which are constitutional rules with apparent material conflict that end up generating several discussions in doctrine and jurisprudence. The paper had as method a legal, doctrinal and jurisprudential analysis on the subject. In the first chapter, a research on expropriation, its characteristics, foundations, forms and compensation was carried out, as well as other studies on the subject, with the purpose of establishing an analysis of the fifth article, item XXIV, of the Federal Constitution, as basis for the central discussions of this paper. With the first comments made, in the second chapter the focus was given to comments on the writ of payment (precatório) regime, where its definition, procedure and other characteristics are dealt with in an empathic way, as well as its implications in Brazilian law for a better understanding of Article 100 of the Federal Constitution. Finally, the jurisprudence on the subject is analyzed and it is emphasized that the Federal Supreme Court raised the discussion to the level of General Repercussion No. 922144, on which it will decide about the compatibility of the constitutional norms of the fifth article, subsection XXIV and Article 100 of the Federal Constitution. In the end, the paper sought to demonstrate that the writs of payment (precatórios) regime has many flaws regarding its slowness and bureaucracy in its effective payments, becoming an instrument of the State to delay compliance with judicial debts and use the respective funds in other areas of public administration, demonstrating its incompatibility with the previous, fair and in cash indemnification, which is a guarantee of extreme importance for the expropriated individual, aside of being the correct compensation for the act of expropriation by the State.