Os efeitos da expulsão sobre a propriedade de bens imóveis do estrangeiro expulso

Abstract

The main objective of this study is to address the effects of the expulsion of a foreign individual from Brazil on their property relations with real estate situated in Brazil. It presents the way expulsion and property ownership are conducted in Brazil today and how the these two subjects are studied separately, seeking to demonstrate that compulsory and permanent removal of foreign citizens imposes restrictions on the exercise of domain powers, as described in the Brazilian Civil code, as well as practical difficulties, even though there is no provision on the matter in order. It was concluded that the expulsion of an individual taken as harmful by public authorities does not prevent the partial exercise of his/her ownership over a small portion of the country and that the expropriation of real estate, followed by fair compensation, as provided in the 1988 Federal Constitution, is a feasible option to promote the integration of the Brazilian legal system regarding the exercise of the property after the decree of expulsion.