Notable disparity in the amount of compensation prevents possession

Article 15 of Decree-Law 3,365/1941 establishes the right to take possession of the goods based on the deposit of the amount offered by the expropriator when an emergency situation is established. But the application of this legal provision has an exception, relating to situations in which there is a notable disparity between the offered and estimated value of fair compensation.

Thus, judge Roberto Apolinário de Castro, summoned to the Court of Justice of Minas Gerais, suspended a decision that had determined the provisional transfer of ownership of the property of a couple of rural producers to Companhia Energética de Minas Gerais (Cemig).

The Minas Gerais government had declared that the land was necessary for the extension of the rural energy distribution network of the Cemig system. Therefore, the Single Court of Monte Alegre de Minas (MG) authorized the provisional imposition of possession of the property, upon payment of compensation.

The energy concessionaire made a deposit of R$920. Represented by the lawyer Diêgo Vilelathe owners of the property claimed that the amount was not enough, as Cemig itself had calculated an amount of around R$9,000.

Castro noted that the state government’s decree dealt with two properties: the couple’s, valued at R$9,000; and another, owned by a third party, valued at approximately R$920. In other words, Cemig made a mistake and offered the compensation for the property that does not belong to the appellants as a deposit.

In this way, the judge noted the notable disparity between the values ​​and applied the exception in article 15 of the decree-law. He pointed out that the amount of R$920 “does not meet the requirements necessary to grant” the concessionaire’s injunction request.

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Process 1.0000.23.276852-3/001