Expropriation lawyer in São Paulo
Owner's defense: just compensation, challenging provisional possession, rescission for derisory price, right of preference and reversion. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsExpropriation takes property for public necessity upon just monetary compensation (CF, art. 5, XXIV). The real dispute is over how much it is worth — and the law gives its own remedies: contestation of the value, provisional possession (imissão), a rescission action for derisory price and the right of preference when the expropriator does not use the asset for the declared end.
The fronts of the expropriated owner's defense.
- Contesting the compensationThe offered value is almost always below the just amount: independent technical appraisal, market-value report and the evidence that raises the compensation.
- Provisional possession (imissão)The expropriating entity may take possession before the final decision — the defense challenges requirements and ensures the deposit is correct.
- Rescission action for derisory priceWhen the paid compensation is derisory: a request for annulment or supplementation — the specific remedy against the flattened value.
- Right of preference and reversionThe expropriated asset not used for the declared public end can be recovered by the expropriated — treubianidade and preference.
- Indirect expropriationState interference that makes use impossible without formal expropriation: the compensation due for the de facto taking.
- Interest and monetary adjustmentCompensation adjusted from the imissão or the decision — the difference in the monetary index date changes the final value.
- Improvements and appurtenancesImprovements, fruits and the unaffected part of the property — everything entering the full compensation.
Just compensation is not the offer — it is the proven market value.
The expropriating entity offers a value; the owner is entitled to just compensation — the difference between the two is the litigation. The official appraisal typically uses criteria that flatten the price; the private market-value report, with improvements and the property's vocation, is what corrects the offer.
Provisional possession is the moment that concentrates the risk: once granted, the expropriator takes the asset before the final value is decided — and the compensation sits deposited. The defense challenges the imissão requirements and ensures the deposit is correct, since it is what is provisionally received.
The rescission action for derisory price is the specific remedy of the injured expropriated: when the paid compensation is derisory against the real value, the expropriated may seek annulment of the expropriation or supplementation of the value. It is its own action, with specific deadlines and proof.
The right of preference and reversion protect against diversion of purpose: an asset expropriated for a given public end that was not used for it can be recovered by the expropriated — treubianidade. It is the guarantee that expropriation does not become a patrimonial transfer mechanism.
How we run the case.
- Assess the offerOfficial report, real market value and the difference between them — the size of the dispute.
- Challenge the imissão or the valueDefense at the provisional-possession stage and a just-compensation claim with an independent report.
- Pursue full compensationImprovements, fruits, the unaffected part and the correct monetary adjustment.
- Use the residual remediesRescission for derisory price, preference and reversion when the public end does not materialize.
What to bring to the first conversation.
Documents that speed up the review
The title registration, the appraisals and the property's history sustain the proof of real value.
- Updated property title registration
- Declaration of expropriation or decree
- The expropriator's appraisal report
- Documents of improvements and appurtenances
- Acquisition history and investments
- Private market-value appraisal
- Documents of the provisional possession
- Evidence of the intended and actual use
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
What is provisional possession (imissão)?
It is the expropriator's possession of the asset before the final compensation value is decided — granted upon deposit of the offered value. The owner may withdraw the deposit and keep litigating the just value in court.
Is the offered compensation always market value?
No — the official offer is usually below. Just means proven market value: a technical appraisal considering improvements, vocation and potential. The difference between the offer and real value is what the contestation seeks to recover.
Can the expropriation be annulled if the compensation is too low?
Through the rescission action for derisory price — when the compensation is derisory against real value, the expropriated may seek annulment of the expropriation or supplementation. It is a specific remedy with its own requirements.
What if the expropriated property is not used for the declared end?
The expropriated has a right of preference to recover the asset — reversion — when the declared public end does not materialize or is diverted. It is the protection against expropriation becoming patrimonial transfer.
Does compensation carry interest and adjustment?
Yes — adjusted from the correct index date (imissão or decision, depending on the case) plus default interest. The index-date difference can significantly change the final amount received.
Do improvements enter the compensation?
Yes — compensation covers the property with improvements, fruits and appurtenances. An appraisal that ignores what was built or invested flattens the value — and that is what the private report corrects.
Does the expropriator's offer reflect the property's real value?
Send the declaration and the official appraisal: we assess the difference against market value and the available remedies, with a written proposal.