O produtor rural e os efeitos da relativização dos requisitos da recuperação judicial

Abstract

The institute of judicial reorganization, to think of recent, has its origins in the old concordata, this one with origin in Roman law, had, formerly, like crime against creditors. The principles that involve the development and improvement of judicial recovery have been present since the creation of the concordata, the strongest of which is the principle of preservation of the company, based on the corporate social function and maintenance of jobs. After a few years, we have today the model of judicial recovery postulated by law 11.101 / 05, which brings us, among many standards and guidelines, some objective criteria for the recovery of the benefit. These requirements are intended to curb the indiscriminate practice and misrepresentation of the institute by preventing it from becoming a route of fraud against creditors. The discussion about the relativization of these requirements for the rural producer becomes major, considering that this one enjoys special treatment given by the civil code in its art. 971. In this way, we will analyze the theses that justify the relativization of the requirements for granting judicial recovery, going directly to the heart of the matter, which deals with the nature of the act of registration of the commercial board: constitutive or declaratory. Each thesis will have different repercussions and effects on the classification of credits within the judicial reorganization, its approval, market credit risk, legal certainty and even the increase of registration and requests for judicial recovery in the segment.