Priscilla Folgosi Castan
Lawyer at Marcos Martins Law Firm
The National Council of Justice (CNJ) has been promoting debates on various areas of law, in events aimed at professionals working in each of these areas (including lawyers, magistrates, public prosecutors and other interested parties, events known as “journeys”, with the aim of guiding these professionals with the approval of statements on specific topics.
In the area of bankruptcy and reorganization law, these debates are promoted in the “commercial law days”, and three editions of these days have already been held, all of which have promoted relevant discussions and the approval of important enunciations
Among the statements approved at the III Jornada de Direito Comercial (III Journey of Commercial Law) are statements 96 and 97, which deal with the judicial recovery of rural producers, whose request for judicial recovery has been the subject of doctrinal and jurisprudential discussions.
This discussion, which led to the issue of the judicial recovery of rural producers being debated and the consequent approval of the statements, stems from the controversy over the legal nature of the rural entrepreneur, whether the entrepreneur is registered with the Public Registry of Commercial Companies, whether he must respect and prove the minimum period in the regular exercise of his activities, among others.
The fact is that the possibility of a request for judicial reorganization by a rural entrepreneur or producer is no longer in doubt, and this request for judicial reorganization is becoming more and more common. However, new developments and questions are being raised on the subject, and the doctrinal and jurisprudential understanding has not yet been settled.
With this in mind, the CNJ approved two enunciations aimed at guiding magistrates and other recovery law practitioners to conduct their proceedings, as shown below.
ENUNCIADO 96 – The judicial reorganization of a rural entrepreneur, whether a natural or legal person, is subject to all credits existing on the date of the request, including those prior to the date of registration with the Public Registry of Commercial Companies.
ENUNCIADO 97 – The rural producer, natural or legal person, at the time of the request for judicial reorganization, does not need to have been registered for more than two years with the Public Registry of Mercantile Companies, it being sufficient to demonstrate the exercise of rural activity for this period and proof of registration prior to the request for judicial reorganization.
Although this statement indicates an orientation in the search for pacification of the matter, it is important to emphasize that this understanding is not of mandatory applicability, since it does not have the force of law.
Marcos Martins Advogados is always attentive to doctrinal and jurisprudential discussions, in order to always provide the legal solution that best meets the interests of its clients.
