A recuperação judicial do produtor rural: uma breve análise jurisprudencial e legislativa

Abstract

This study analyzed the feasibility of judicial recovery for rural producers in Brazil, con-sidering the changes introduced by Law No. 14,112/2020 and its interpretation by the courts. The historical evolution of bankruptcy legislation, the challenges faced by rural producers, and the requirements for access to the judicial recovery institute were in-vestigated, with emphasis on the requirement for registration with the Commercial Board. Two paradigmatic case studies were examined: Special Appeal No. 1,800,032 - MT, judged by the Superior Court of Justice, and Civil Appeal No. 1.0000.20.069132-0/001, judged by the Court of Justice of Minas Gerais. The case law analysis demon-strated a favorable trend towards the relaxation of the formal registration requirement, as long as the regular exercise of rural activity for more than two years is proven. It was concluded that the courts' interpretation sought to balance legal certainty with the economic reality of the agricultural sector, expanding rural producers' access to judicial recovery. As a recommendation, the need for legislative improvements was pointed out to clarify the application of the institute to agribusiness, reducing uncertainties and encouraging the financial sustainability of producers.