Perícia de engenharia em desapropriação de imóvel urbano

Abstract

The public power supported by the Federal Constitution adopts measures in order to mitigate problems of urban spaces, expropriation constitutes a means for the State to take possession of a private property so that it fulfills its social function, by means of a prior and fair indemnity for the expropriated property. However, the owner and the public authorities do not agree on the amount of the indemnity, it is necessary to judge the process by judicial means and carry out technical expertise for due indemnity. In order for the forensic examination to occur and, consequently, to prepare the report as expert evidence, a legally qualified professional in civil construction, an engineer or an architect is required. The objective of the work is to contextualize and analyze the expertise in expropriating an urban property in the modality for public utility, with an emphasis on civil construction. For this purpose, a broad theoretical framework was used on the topic, as well as a conversation with an expert responsible for preparing the appraisal report, as well as presenting the analysis of the report for its importance in the magistrate's decision. The analyzed report was described in an impartial, clear, objective and coherent way in order to elucidate any doubts of the judge, as well as determining the fair value due to the expropriated by the property. In this way, it was possible to infer the expert process for expropriation in an urban area and when there is a motivation for public utility, as well as the importance of a well prepared report for the judge's understanding.