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Expropriations advance in the East Zone as residents report forced eviction without immediate access to millions in compensation already judicially deposited, accumulating debts and reliance on family members amidst the imminent start of BRT Aricanduva corridor works.
Families in Jardim Aricanduva, in São Paulo’s East Zone, have begun to leave their homes due to expropriations linked to the construction of the BRT Aricanduva, but report difficulty accessing compensation amounts, even with sums already judicially deposited by the City Hall.
With a projected investment of R$ 646.8 million, the project establishes the creation of a bus corridor between Terminal São Mateus and Radial Leste, affecting properties in different parts of the region, with construction expected to begin in the month indicated by the municipal administration.
According to the G1 portal, residents state that at least half of the approximately 20 properties affected in Jardim Aricanduva have already been vacated in recent months, while families face difficulties reorganizing their lives, either by renting or resorting to help from relatives.
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According to the São Paulo City Hall, the initial compensation amounts total approximately R$ 24.2 million and have already been deposited in court, with release depending on compliance with legal requirements and judicial authorization for each case.
Residents leave homes without receiving compensation
After more than two decades living on Rua do Almirantado, Andrea Pignatari states that she received a deadline to vacate the property included in the project’s layout, but has not yet been able to access the compensation corresponding to the determined expropriation.
In the same area, where six houses will be demolished, another 15 residences located on a nearby street are also included in the plan, increasing the impact on residents who report facing uncertainty about deadlines and effectively available amounts.
“They gave us a deadline to leave, but they didn’t pay anything. Some people left over a month ago and haven’t received a single cent,” said Andrea, who had a move scheduled for the week following the report.
Still remaining in some of the properties, residents report pressure to accelerate their departure, even without confirmation of when the money will be released, which contributes to financial decisions made without resource predictability.
At the end of March, merchant Richard Policarpo, 53, left the house where he lived with his wife and two children, being forced to rent another property in the neighborhood and bear high immediate costs.
“Just to move, I’ve already spent over R$ 10,000. It’s maxed out credit cards, debt. And without knowing when I’ll receive anything,” said Richard, detailing the accumulated expenses since the forced move.
Debts, rent, and reliance on family members
Similar situations were recorded among neighbors, such as in the case of businesswoman Eryka Lima, who witnessed her elderly parents leave the residence where the family had lived for almost four decades, following frequent notifications related to judicial enforcement.
“They left on April 27 under a lot of psychological pressure. My mother received messages almost every day saying that the bailiff would appear,” said Eryka, highlighting the routine of demands faced by the family before the move.
Furthermore, she reported that she began sharing her parents’ rental expenses with her brother, creating a new financial impact that adds to the uncertainties about when the compensation will be released.
Also affected by the expropriation, retired Milton Camilo Alves, 77, left the property where he lived for over 20 years and now depends on family support while awaiting the conclusion of the judicial process.
With a monthly income of R$ 6,000, the couple states they cannot obtain bank financing to acquire another property, temporarily staying in their granddaughter’s apartment and keeping their furniture stored at an acquaintance’s house.
“I still have no forecast of when it will be credited to my account, but I know that here in Aricanduva I will never be able to buy a property like mine with the R$ 500,000 we will receive,” said the retiree.
Understand why the money doesn’t reach residents
Although the Federal Constitution determines that expropriations for public utility must occur through **just and prior monetary compensation**, the functioning of the judicial process means that access to the amount is not immediate for affected property owners.
Under current legislation, especially Decree-Law No. 3,365 of 1941, the deposit made by the public authority in court is considered sufficient to characterize prior payment, allowing for early possession of the property.
As a result, the municipal administration can advance with the work schedule while the amount remains under judicial control, awaiting authorization to be released to the owner.
Even so, the law allows the resident to request the withdrawal of up to 80% of the deposited amount, even if they continue to dispute the compensation value in the ongoing judicial process.
However, this release depends on an individual decision by the responsible judge, which can lead to differences in timing between neighbors subjected to the same type of expropriation.
According to lawyer Eduardo Schiefler, a specialist in administrative law, situations of indebtedness should be reported in the process to try to accelerate judicial review.
“This decision depends on each judge; it can even happen that one neighbor receives it before another,” explained Schiefler, commenting on the dynamics of judicial decisions in these cases.
City Hall foresees start of works and relocation support
In an official statement, the Ricardo Nunes administration informed that the project involves 29 expropriation actions distributed across seven neighborhoods in the East Zone, indicating the territorial dimension of the planned intervention.
As of the moment cited by the municipal administration, 12 writs of possession had been executed, while another 17 were still in the final phase of judicial processing.
Furthermore, the City Hall declared offering operational support to families during the eviction process, including relocation assistance, trucks, support teams, and the provision of kits for transporting belongings.
With 13.6 kilometers in length, the BRT Aricanduva will follow Aricanduva and Ragueb Chohfi avenues to the São Mateus Terminal region, being one of the main mobility interventions planned for the East Zone.
The official forecast points to 18 months of construction, plus an additional six months for operational tests before the system becomes functional.
As the schedule progresses, residents impacted by the expropriations continue to depend on judicial decisions to access already deposited funds, facing costs for rent, moving, and reorganizing their routines outside the homes where they had lived for decades.
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