Busca e apreensão de bens agrícolas alienados fiduciariamente e as adversidades para suas retomadas

Abstract

This work aims to demonstrate the existing difficulties for the repossession of agricultural chattel alienated through the search and seizure lawsuit, in addition to presenting improvements for this contractual relationship and for said actions to become increasingly effective. Therefore, it was necessary to demonstrate the application of this contractual type in the Brazilian legal system, as well as the analysis of Decree-Law 911/1969, which regulates search and seizure lawsuits. Still, this work addresses the incentives with which rural producers have to carry out loans and financing before financial institutions. In order to demonstrate the reasons that induce the default of the rural producer, several adverse factors were also demonstrated by which he can go through and that can lead him to have financial difficulties. Furthermore, with the default of the rural producer, the problematization of lawsuits for search and seizure of agricultural machinery and the difficulties for the implementation of this preliminary injunction were demonstrated. In order to present improvements in the contractual relationship and improve the search and seizure of agricultural goods, the hypothesis of installing trackers in these machines was raised, in addition to the use and implementation of new systems such as the National Registry of Agricultural Tractors and Machines - RENAGRO. [resumo fornecido pelo autor]