In this case, the plaintiff appears in front of the Supreme Court against the Treasury of the State of São Paolo in order to receive an additional compensation for indirect expropriation suffered by him as a result of the acquisition of his land in order to create the protected area called Serra do Mar National Park in the State of São Paulo.

The judgment of first instance established that since a rescission action only takes place in cases of flagrant transgression of the law, the mere fact that the court didn’t consider the principle of the protection of the less favorable party does not justify Mrs Faga request of a further payment for damage.

The plaintiff  appealed the decision to the Supreme Court which ruled that  an additional compensation shall not be provided by the State for the creation of the National Park of Serra do Mar. Since the property was acquired according to the State of São Paulo laws and the plaintiff agreed to the selling, the principle of objective good faith shall not be said to be breached. As a result,  Court dismisses the appeal