A recuperação judicial de produtor rural: entre a retórica da inclusão e a prática da exclusão de créditos

Abstract

This dissertation investigates the profound normative and institutional contradictions in the application of Law No. 11,101/2005, as amended by Law No. 14,112/2020, to rural producers in Brazil, starting from the identification of a normative-functional paradox: while the State directs substantial public resources to foster agribusiness, the legal framework for judicial reorganization imposes restrictions that, in practice, render the restructuring of rural enterprises unfeasible. This mismatch reveals a systemic incoherence between public development policies and the legal framework governing rural business crises. The methodology adopted is legal-dogmatic, with an emphasis on a systematic and teleological interpretation of the norms, complemented by an Economic Analysis of Law to assess the efficiency of the normative arrangement, and by Comparative Law, with the main reference being Chapter 12 of the U.S. Bankruptcy Code. The research is supported by empirical data from sources such as Serasa Experian, the Confederation of Agriculture and Livestock of Brazil (CNA), and B3 to quantify the impact of legal restrictions. The results demonstrate that the legislation, by excluding essential credits from judicial reorganization—such as those represented by physical Rural Product Notes (CPR), the entirety of credits from the National Rural Credit System (SNCR), cooperative acts, and previously renegotiated debts—removes between 70% and 85% of the typical liabilities of rural producers from the process, thereby nullifying the purpose of the institute. Furthermore, a structural mismatch is noted between the procedural deadlines of the law, designed for an urban-industrial logic, and the agro-biological cycles, which compromises the feasibility of recovery plans. The analysis, which suggests a possible regulatory capture in the legislative process, concludes that the current model, by socializing risks through subsidies while privatizing credit privileges, violates the constitutional principles of equality, the social function of property, and access to justice. The research moves towards the formulation of a proposal for a micro-system of rural insolvency, aiming for a greater balance between credit protection and the preservation of the business