Patrimônio rural em afetação: análise das implicações para o produtor rural.

Abstract

This paper analyzes the legal framework of rural property in rem assignment, introduced by Law No. 13.986/2020, and its implications for rural producers in Brazil. The rural property in rem assignment aims to facilitate access to rural credit by allowing producers to use rural properties as collateral without compromising their entire estate. The study explores the legal regime of this mechanism, the benefits it provides to the agricultural sector, and the challenges arising in cases of insolvency and judicial recovery of the rural producer. Additionally, it discusses the impact of the guarantees offered to creditors, the limitations imposed on the debtor, and the potential implications for Brazilian agribusiness. The critical analysis suggests the need for legislative improvements to balance creditor protection with the flexibility required by the productive sector. The present work is based on bibliographic and documentary research, investigating legal doctrines, applicable legislation, and academic articles that discuss rural property under affectation. The research focuses especially on the analysis of Law No. 13,986/2020, which introduced and regulated the legal regime of this institute in the Brazilian legal system, known as the Agricultural Law. Keywords: Rural property in rem assignment, rural credit, Law No. 13.986/2020, insolvency, judicial recovery.