CONTRATOS AGRÁRIOS DO ESTATUTO DA TERRA À LUZ DA FUNÇÃO SOCIAL DO CÓDIGO CIVIL DE 2002

Abstract

The work consists of understanding the agrarian contracts, regulated by the Land Statute and also by the Civil Code of 2002, which brought innovations in the contractual discipline, adopting a liberal and humanitarian character, so that the parties have the freedom to contract conditioned by the function contract membership. However, in some situations, the divergence with the legislation of the Land Statute is perceived. In view of this, it must be observed whether the principles of social justice, collective interest over individuals, and good faith are ensured, so that there is social and economic progress, making the social function of agrarian contracts a reality. Furthermore, the research aimed to explain the lending and leasing contracts, according to the jurisprudence of the Superior Court of Justice, providing a better understanding of the controversial aspects of these contracts. The methodology adopted was bibliographic research, through a qualitative approach from scientific articles, academic research websites and, with the jurisprudence of the Superior Court of Justice. That said, the research found some negligence regarding the right of preference of the lessee that was shown by the work in relation to the large company, as well as the automatic renewal of the contract made by the decision of the Superior Court of Justice.