THE JUDICIAL RECOVERY OF THE RURAL PRODUCER AS INDIVIDUAL ENTITY: LEGAL AND JURISPRUDENTIAL REQUIREMENTS

Abstract

The judicial recovery, which has the objective of making possible the maintenance of the production source, has increasingly attracted the attention of businessmen. This interest has also been verified by the rural producers. However, there is currently a discussion in the doctrine and jurisprudence of the legal requirements against the individual rural producer, notably whether or not this producer should be registered in the public agency of mercantile companies in the moment the application for judicial recovery is filed, as well as the ways to prove a regular activity over two years at least, according to the requirement established in the caput of art. 48, Law 11,101/2005. These issues have made it difficult for rural producers, individual entity, to access the recovery institute. Based on bibliographical and documentary research, the structure of judicial recovery was presented in this paper, as well as the concept of rural activity, a rural producer as individual and legal entities. In the final part, we pointed out the legal requirements for the acceptance of judicial recovery to the rural producer, especially in a jurisprudential context. Then, the balance of the study we contextualized the instrument of judicial recovery was contextualized, as well as the legal requirements established by the jurisprudence for the acceptance to the rural producer, individual entity.