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Indirect expropriations in the creation of a National Marine Park

Country/Territory
Brazil
Type of court
National - higher court
Date
Aug 28, 2013
Source
UNEP, InforMEA
Court name
Superior Tribunal de Justiça
Seat of court
Brasilia
Judge
Ministro Castro Meira
Reference number
AR 4330 SP 2009/0177561-4
Language
Portuguese (Brazil)
Subject
Forestry, Legal questions
Keyword
Liability/compensation Foreign land tenure Land tenure National parks Protected area
Abstract

In this case, the plaintiff appears in front of the Supreme Court against the Treasury of the State of São Paolo in order to receive an additional compensation for indirect expropriation suffered by him as a result of the acquisition of his land in order to create the protected area called Serra do Mar National Park in the State of São Paulo.

The judgment of first instance established that since a rescission action only takes place in cases of flagrant transgression of the law, the mere fact that the court didn’t consider the principle of the protection of the less favorable party does not justify Mrs Faga request of a further payment for damage.

The plaintiff  appealed the decision to the Supreme Court which ruled that  an additional compensation shall not be provided by the State for the creation of the National Park of Serra do Mar. Since the property was acquired according to the State of São Paulo laws and the plaintiff agreed to the selling, the principle of objective good faith shall not be said to be breached. As a result,  Court dismisses the appeal

Full text
Indirect expropriations in the creation of a National Marine Park.pdf
acao-rescisoria-ar-4330-sp-2009-0177561-4-stj