Recuperação judicial do produtor rural ante a facultatividade de registro: uma análise a partir da Lei 14.112/2020

Abstract

The main focus of this paper is to explore the judicial reorganization of individual rural producers, considering the optional registration for this segment and the changes promoted by Law 14.112/2020. The central question addressed is whether the need to register with the competent body for individual rural producers, in accordance with the Judicial Recovery Law, creates ambiguities and uncertainties regarding the regularity of the process, impacting the granting of this legal institute. The research problem seeks to understand how the decision to register or not the rural producer influences their access to judicial reorganization, especially in light of the changes introduced by Law No. 14.112/2020. To this end, research was carried out by reading and analyzing the law, articles, doctrinal texts and case law, in order to first contextualize the issue of judicial recovery of rural producers under Law No. 11.101/2020 and case law. Given that art. 48 of Law No. 11.101/2005 did not specifically address this issue, case law played a crucial role, allowing the duly registered rural entrepreneur, by proving the previous period, to be considered in compliance with legal requirements. This situation was later formalized and legalized by Law 14.112/2020, providing legal certainty to those involved. With this new legislation, rural producers now have several ways of proving the required period, expanding their possibilities of accessing the benefits provided by the judicial reorganization and bankruptcy law. [resumo fornecido pelo autor]