O REQUERIMENTO ADMINISTRATIVO COMO REQUISITO PARA AÇÃO MANDAMENTAL DE PRORROGAÇÃO DO CRÉDITO RURAL: análise sobre a exigibilidade ou a dispensa do requerimento prévio

Abstract

The research focuses on the analysis of relevant legislation, legal doctrines and jurisprudence that deal with rural credit and administrative procedures related to the topic. One of the main points covered is the interpretation of the rules that govern rural credit, seeking to understand whether there is a legal obligation for rural producers to exhaust administrative channels before resorting to the judiciary. Furthermore, the study examines the arguments for and against the requirement of an administrative request. On the one hand, it is argued that such a requirement could avoid overloading the judiciary and promote a faster and more efficient solution to conflicts. On the other hand, there are those who argue that waiving the prior request is essential to guarantee access to justice, especially in cases where the urgency of the situation does not allow waiting for administrative procedures. The article also discusses current jurisprudence on the topic, highlighting judicial decisions that have influenced legal practice in Brazil. In particular, cases are analyzed in which the judiciary has waived the administrative request in specific situations, recognizing the urgency and need for immediate intervention to protect the rights of rural producers. It is concluded that, although the administrative request can be a valuable instrument for resolving conflicts, its requirement must be considered in light of the particularities of each case, ensuring that it does not become an obstacle to the full exercise of citizens’ rights.