Recuperação judicial e o produtor rural

Abstract

In light of the current Brazilian legal system, judicial reorganization aims to help the company recover from the economic and financial crisis, continue to carry out activities, maintain the work of employees and participate in the interests of creditors, thus stimulating their economic activities. Thus, the Judicial Reorganization and Bankruptcy Law (Law 11.101/05) comes to help the company to deal with situations like these. Given the above, the study in question is about understanding what were the understandings of the ministers of higher courts in relation to the rural producer in the light of the judicial recovery process. The objective of the research was to investigate the decision of the Superior Court of Justice, in addition to verifying, in general, the institute of the Judicial Recovery Process in Brazil. The specific objectives of this work are: Review the bibliography, give an understanding of the Judicial Reorganization process, analyze the judgment to draft the understanding of the ministers, in addition to making an analysis of their considerations. The work used exploratory bibliographic research, through documental and bibliographic analysis available. Considering the relevance of agriculture with agribusiness in Brazil, the judicial reorganization process used by Brazilian companies could not be used with the rural producer, mainly due to the basic requirements for entering the judicial reorganization process. However, in 2019, this understanding changed the rural producer, gaining importance in the Brazilian economic scenario, making the rural producer receive special attention. It should be noted that in this work it was analyzed, under the norms of Brazilian law, whether the producer can fit in as a businessperson and thus achieve or not the benefit of judicial reorganization. The study presents theoretical contributions by studying a subject little explored in the literature and practical contributions by highlighting the application of this measure in cases of existing processes.