THE VIABILITY OF JUDICIAL RECOVERY FOR RURAL PRODUCERS

Abstract

Judicial recovery for rural producers is a legal process similar to that applied to companies in other sectors, but adapted to the specific characteristics of agricultural activities. In recent years, the number of rural producers requesting judicial recovery for their ventures has increased, prompting an important discussion on this issue. This study aimed to analyze the feasibility of judicial recovery for rural producers. The methodology adopted involved a literature review based on scientific articles, books, journals, case law, and current legislation. Data collection was conducted using databases such as Scielo, Google Scholar, among others, covering the period from 2019 to 2024. The results indicate that, for a rural producer to apply for judicial recovery, it is essential to verify whether or not they have a commercial registration. Without this registration, the producer is considered a non-entrepreneur, falling outside the protection provided by Law 11.101/2005. Since the vast majority of rural producers carry out their activities within family-run operations, as individuals without commercial registration, this situation may prevent them from benefiting from the legislation to obtain the financial relief they need. However, the absence of commercial registration is not an absolute barrier for rural producers seeking judicial recovery, as Article 970 of the 2002 Civil Code ensures special treatment for rural producers.