The The correct definition of the calculation basis for the incidence of compensatory interest in the judicial expropriation of assets

The main concern of this study is to resolve the existing controversies about the definition of the basis for
calculating the compensatory interest in the judicial process of expropriation for public utility. The objective
is to precisely delimit the hypotheses of the indemnity value outcome in the expropriation notices, as well as
the application of compensatory interest in either case. A bibliographical and jurisprudential research was
carried out, with contributions from authors such as CARVALHO FILHO (2010), DI PIETRO (2004) and URBAN DE
CARVALHO (2009), in addition to important decisions by the STF, STJ and TJMG. It was concluded that it is
important to correctly interpret the national legislation, specifically delimiting the correct calculation
basis for the incidence of compensatory interest in all cases provided for by article 15-A of Decree-Law 3365/41.