Questão jurídica principal
Whether the lessee’s compensation for expropriation-related nuisance could be limited to the first contractual termination date.
Decisão extraída
No. For temporary construction nuisance, the lessee’s contractual rights may be impaired beyond the first termination date; limiting compensation to that date was unreasonable and contrary to full compensation.
Fundamentação extraída
The jurisprudence on lease termination under expropriation concerns mainly durable nuisances and cannot be mechanically transferred to a temporary construction site. Given the uncertain duration and impact of the works, expecting immediate notice to terminate the lease was inequitable.