Possibilidade de aplicação do instituto da recuperação judicial ao produtor rural

• Autor(a) principal: Agostinho, Diego
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6201
• topic: Produtor rural; Recuperação de empresas; Atividade rural

OBJECTIVE: To analyze the possibility of a natural person who exercises rural activity to obtain deferral of judicial recovery proceedings. METHOD: For this purpose, an exploratory level research was done, which sought to understand the doctrinal and jurisprudential positioning around the subject; As for the approach, this is a qualitative research, since it was sought to analyze the content of decisions about the subject studied; as to the procedure used for data collection, it is classified as bibliographical and documentary, due to the analysis of doctrinal and jurisprudential positions on the studied subject. RESULTS: The research resulted in a deepening of the Bankruptcy Law and the institute of judicial recovery, historical origin, jurisdiction, requirements, legitimacy, procedural acts. The recovery of companies, a new institute introduced in Brazilian law with the advent of Law 11101, of 09/02/2005, is divided into three modalities: judicial, extrajudicial and special recovery, and aims to recover irrecoverable business . Among the requirements for the granting of recovery, the regular exercise of business activity for two years stands out, by recording the company's incorporation in the Commercial Board. The study also serves to resolve certain doubts about the concept of rural activity and rural producer, two concepts totally inseparable from each other; the rural activity is not considered a business, but it is possible for the rural producer to register with the Commercial Board, equating himself to the entrepreneur, and in this way, he may seek judicial recovery. CONCLUSION: It is possible that the rural producer will require the recovery of companies to exit the economic and financial crisis, as long as it registers in the commercial board and fulfills the legal requirements. It remained controversial in the doctrine and in the Jurisprudence the demonstration of the lapse of two (2) years of business activity required for the processing of business recovery: if the count starts from the actual business activity itself, or if from the date of the activity register at the Board of Trade.