Patrimônio rural em afetação: instituição sobre a pequena propriedade rural não explorada para subsistência familiar

Abstract

Abstract: The theme of the research is Rural Heritage in Affectation - PRA. The research problem consists of answering how to make the institution of the PRA compatible with small rural properties. Law no. 13,986/2020 was designed as a legislative framework that would bring benefits to rural producers, through credit facilitation and reduction in interest rates. The PRA was created as a new type of guarantee to encourage credit operations, but rural producers with areas of up to 4 fiscal modules were not covered by the use of this instrument. The general objective of the research is to investigate to what extent the institution of PRA to properties with an area of ​​up to 4 fiscal modules continues to provide legal security to the creditor. The research method is deductive and the technique is bibliographical research. The results indicate that the prohibition of the PRA institution on small rural properties seeks to guarantee legal security for the creditor so as not to be surprised by a possible declaration of unseizability, hindering the expropriation of the property in case of default. It turns out that unseizability must be considered not only due to the size of the area, but also evaluates the property's exploitation regime.

Keywords: Affected Rural Heritage; Small Rural Property; Agricultural Law.