Riscos e implicações jurídicas do uso da pequena propriedade rural como garantia em contratos bancários

Abstract

The present study analyzes the risks and legal implications of using small rural properties as collateral in banking contracts, focusing on mortgage and fiduciary alienation modalities. The general objective is to investigate how contractual abuses (such as excessive interest rates and tied selling of insurance) contribute to the rural producer's default, resulting in expropriation processes that may violate constitutional guarantees. Methodologically, the research is classified as applied and exploratory, utilizing the deductive method and the legal dogmatics procedure through bibliographic review and analysis of superior court jurisprudence (STJ and STF). The intended results seek to demonstrate that the impoundability of small rural property, provided for in Art. 5, item XXVI, of the Federal Constitution, must prevail even in cases of voluntary offering of the asset as collateral, provided that the requirements of family farming and extension of up to four fiscal modules are met. It is concluded that the protection of the producer's minimum assets is essential for maintaining their productive activity and dignity, requiring specific legal measures for the annulment of property consolidations or stay of execution.