A APLICAÇÃO DA LEI 11.101/2005 – LEI DE RECUPERAÇÃO JUDICIAL E FALÊNCIA – NO CONTEXTO DA AGRICULTURA FAMILIAR

Abstract

This article analyzed the application of Law No. 11,101/2005, which regulates judicial recovery and bankruptcy for Brazilian entrepreneurs, along with the enactment of Law No. 14,112/2020, which updated the procedures for judicial, extrajudicial recovery, and bankruptcy of companies, entrepreneurs, and rural producers. The objective is to understand whether judicial recovery mechanisms are accessible to small rural producers, considering the specific characteristics of this sector and how legislation supports these individuals, who are essential for the country's social and economic development. The methodology used was a review of scientific articles, laws, and case law on the subject, establishing a theoretical framework based on authors such as Fiorillo and Sacramone, as well as doctrinal perspectives, to assess the progress and limitations of judicial recovery applied to family farming. The research identified the barriers faced by these farmers and recent legislative changes have effectively contributed to improving their access to such mechanisms, promoting the sustainability of their activities and the continuity of small-scale agricultural production. Furthermore, the study highlighted the importance of public policies that ensure support and protection for small producers, who are crucial for food security and the preservation of rural traditions. The study demonstrated the need for a specific chapter within Law No. 11,101/2005 for the judicial recovery of family farming, the inclusion of rural credits in the recovery plan, the flexibilization of documentary requirements, the simplification of the process, and the reduction of procedural costs, ensuring that small producers can access this mechanism in a viable manner.