Abstract:
The present work has as object of study the institute of judicial recovery for the rural
family producer, individual, which has the purpose of enabling the overcoming of the
debtor's situation of economic and financial crisis, in order to allow the maintenance
of the production source, the employment of workers and the interests of creditors,
thus promoting the preservation of the company, has increasingly attracted the
attention of businessmen, especially rural producers. However, there is currently a
controversy in the doctrine and jurisprudence regarding the legal formalities related
to the individual rural producer, in particular, with regard to whether or not he should
be registered with the mercantile companies body at the time of filing the application
of the judicial reorganization, and consequently in what way will the proof of the
mandatory regular activity for more than two years be given, according to the
requirement established in the caption of article 48 of Law 11.101 of 2005 and if it
really has the possibility of being achieved by this law.
