From now on, phase of Provisory Immission in the Ownership is had. In this phase, the ownership of the object of the dispossession is transferred well to the expropriate one, by means of judicial order, at the beginning of the process. The dispossession, as I castrate (2002), if only consummates after the payment of the indemnity and, while not consummated, the possibility fits to the entity of the public administration to give up the procedure, since that it returns the good and it indemnifies the proprietor of the suffered damages. In the case where the payment if of the one through headings, the transference of the good will only occur after the emission of the heading. 2,3 Indemnity According to Viana (1987), for same force of how much made use of the Federal Constitution in vigor, the expropriated one has right to perceive the indemnity, which will have to be previous, joust and in money. Indemnity in accordance with Viana (1987), is that one that integrally selects a value considered necessary for recompor the patrimony of the expropriated one, in way that does not suffer no reduction, englobando the value of the expropriated good, with all the improvements, the losses of profits, the actual damages, the compensatory and delaying interests, honorary pertaining to legal profession and the indexation. It is known, it affirmed Di Pietro (2002, p.82), that the ownership is characterized for conferring to the possessor the exercise, full or not, of some being able of them inherent to the property, as the Federal Constitution in its art.
n 1.196. Therefore, considering the irreversibilidade of the taken dispossession effect (DL 3365/41, art. 35) and the legal nature of the ownership, the provisory immission will result almost, in the practical one, the tolhimento that total of the patrimony of the expropriated one, mainly when the good is used in the exercise of its economic activity.