RECUPERAÇÃO JUDICIAL DO PEQUENO PRODUTOR RURAL

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.