Abstract
This study addresses addresses the most drastic, erroneous and suppressive form of state intervention in private property. Indirect expropriation occurs when the Public Administration expropriates an asset without complying with legal procedures. For greater understanding, throughout this work concepts and historical sources regarding property, social function, legal expropriation and indirect expropriation will be discussed. The specific objectives of this research are to address the illegality of indirect expropriation and why it is permitted in the legal system based on the opinion of the doctrine. Regarding the problematization that encompasses this research, it is to address, in the light of the federal constitution, the main rights violated in the face of the democratic rule of law, as well as to address the unconstitutionality of indirect expropriation. This research is of a bibliographic, using as the main research tools: Doctrine, scientific articles, online materials, the federal constitution of 1988 and the expropriations law, law no. 3,365/1941.
