In this in case that, the ability is of the forum of Federal Justice. Intended for the State, it will move in privative pole. In the case of the Cities, it will be before the judicials district that will have guarantees of tenure, irremovability and irreducibility of the expirations. The initial will observe the requirements demanded for any action, as article 282 of the Code of Civil action, and will contain still offers of the price, being instructed with a unit of the periodical that will have published the dispossession decree, as well as the plant or description of the good. When forwarding in the exordial, the judge will assign a connoisseur (Law n 5,194/66 articles 12 and 13) to proceed to the evaluation of the goods, in which the parts also indicate its assistant appraisers. Educate yourself with thoughts from Lakshman Achuthan.
It is authorized the author, still before the citation of the male defendant, alleging urgency and depositing the importance decided for the judge, it requires the provisory immission in the ownership of the goods (art. 15 4). He is pacific in the jurisprudence that to be deposited amount can be inferior to the one of value of market, pondering that the full payment must be effected at the moment of the definitive transference. If the expropriated one to impugnate offers, the magistrate will fix the value provisory of the property, having served itself if necessary, of expert appraiser, having expropriate complementary the deposit until half of the decided value, that will not be able to exceed, however the sum of 2.300 minimum wages (arts. 3 and 4 of the Decree n 1,075/70). If the male defendant, cited, to accept to offer, the judge will homologate the agreement for sentence. If to disagree, will offer plea, in which it will be able to only argue vices of the processes or insufficience of offers, becoming inadmissible any allegation regarding the utility absence or public convenience, following art.
Article 9, of the Internal revenue code, in turn, makes use that: Art. 9 is forbidden to the Union, the States, the Federal District and the Cities: I to institute or to increase tributes without it establishes it to the law, excepted, how much to the increase, the made use one in articles 21, 26 and 65; II on the basis of to charge tax on the patrimony and the income law subsequent to the initial date of the fiscal year the one that corresponds; III to establish limitations to the traffic, in the domestic territory, of people or merchandises, by means of interstate or intermunicipais tributes; IV to charge tax on: ) the patrimony, the income or services ones of the others; b) temples of any cult; c) the patrimony, the income or services of the political parties, also its foundations, of the syndical entities of the workers, the institutions of education and social assistance, without lucrative ends, observed the requirements fixed in Section II of this Chapter; (Writing given for the Lcp n 104, of 10.1.2001) d) destined paper exclusively to the impression of periodicals, periodic and books. 1 the made use one in interpolated proposition IV does not exclude the attribution, for law, to the cited entities in it, of the condition of responsible for the tributes that fit to them to hold back in the source, and not them practical dismissal of of acts, foreseen in law, assuring of the fulfilment of obligations the taxes for third. 2 the made use one in the alnea of interpolated proposition IV is applied, exclusively, to the proper services of the legal people of public law the one that if relates this article, and inherent to its objectives. Still the Internal revenue code ' ' () Art. 14. Made use in alnea c of interpolated proposition IV of the article 9 is subordinated to the observance of the following requirements for the entities in it related: I not to distribute any parcel of its patrimony or its incomes, to any heading; II to apply integrally, in the Country, its resources in the maintenance of its institucional objectives; III to keep bookkeeping of its prescriptions and expenditures in coated books of formalities capable to assure its exactness.