O instituto da desapropriação e os critérios adotados na justa indenização: análise do Procedimento de Desapropriação no Igarapé do Bindá

Abstract

This paper proposes to analyze the procedure adopted by the Government of the State of Amazonas in the expropriations that occurred in Igarapé do Bindá resulting from the Manaus Igarapés Social and Environmental Program (PROSAMIM), as well as the criteria adopted in setting the compensation proposed to the residents. . The study arose from the following prescriptive problem: are the indemnities offered to residents in the Bindá stream in accordance with the law provided for in the law and observe the fundamental rights provided for in the Federal Constitution? The rationale for solving the problem was sought through the study of current legislation and doctrinal understanding (lege data research), referring to the fundamental rights of property and housing, the conceptualization of the expropriation institute, its assumptions and procedures; and verifying whether such a procedure is in accordance with the principle of fair compensation. The deductive method was used, whereby one starts from broader general conceptions for specific knowledge. Finally, it was necessary to study the Manaus Igarapés Social and Environmental Program (PROSAMIM), its historical and cultural context, and an analysis of the acts of the public power, through decrees, referring to the indemnity procedures that occurred more specifically in the state. Bindá stream, which is part of the third stage of the program, developed in the São Raimundo Stream micro basin.