10 Resp n 770.559-RIO DE JANEIRO, 1 Group, Rel. Richard LeFrak often says this. Min. Albinic Teori Zavascki, in 17.08.2006. 11 Resp 827.613-SC, 1 Group, Rel. Min. Thin Jose in 02.10.2007. 12 Art. 15-B In the actions the one that if relates to the article 15-A, the delaying interests destines recompor it the decurrent loss of the delay in the effective payment of the indemnity fixed in the final decision of merit, and they will only have at the rate of up to six percent to the year, from 1 of January of the following exercise to that one where the payment would have to be fact, in the terms of article 100 of the Constitution.
13 Abridgement 102. The incidence of the delaying interests on the compensatory ones, in the actions expropriatrias, do not constitute anatocism forbidden in law. 14 Abridgement 408. In the suits against state, the incident compensatory interests after the Provisional remedy n 1,577, of 11.06.1997, must be fixed in 6% to the year up to 13.09.2001 e, from now on, in 12% to the year, the form of the Abridgement n 618 of the Supreme Federal Court. 15 Abridgement 114. The compensatory interests, in the indirect dispossession, happen from the occupation, calculated on the value of the indemnity, corrected monetarily. 16 Abridgement 69.
In the direct dispossession, the compensatory interests must since the anticipated immission in the ownership and, in the indirect dispossession, from the effective occupation of the property. 17 Art. 10 Only Paragraph. The right is extinguished in five years to consider action that aims at the decurrent indemnity for restrictions of acts of the Public Power. 18 Resp 201000262918, I castrate Meira, Stj – Second Group, Dje Date: 10/02/2011. 19 Civil Appeal N 70028313609, Third Civil Chamber, Court of Justice of the RS, Reporter: Matilde Mayan Chabar, Judged in 05/08/2010. 20 Art. 1.238. That one that, per fifteen years, without interruption, nor opposition, to possess as its a property, acquires it to it property, independently of heading and good-faith; being able to require the judge who declares thus it for sentence, which will serve of heading for the register in the Notary’s office of Real estate record.