Negociação na fase administrativa da desapropriação sob o prisma da análise econômica do direito

Abstract

This work aims to emphasize efficiency as a fundamental guide for administrative action, through openness to consensus and selective use of imperativity. In the administrative phase of expropriation, it is necessary to establish a summary contradictory, in order to hear the expropriated and improve the preparation of the appraisal report. It dialogues with the economic analysis of law, to suggest the advantage of negotiation as a way to obtain a more efficient solution for the public entity, compatible with the economy of public resources and the maximization of wealth for society. To this end, it is necessary to strengthen the performance of Public Law and regulation, within the scope of each public entity, the administrative phase of expropriation. Finally, an empirical study is presented on the judicial processes of expropriation for public utility and social interest proposed by the direct and indirect public administration in the State of Goiás.