Contrato de integração vertical: um mutualismo (im) possível entre agroindústrias e produtores rurais.

Abstract

The objective of the work is a critical analysis of the law that typified the vertical integration contract in Brazil, with a view to investigating whether the legal institutes created are able to transform reality and create an economically possible and healthy mutualism between agro- industries and rural producers. For this, an inductive approach method was used, combined with a monographic, historical and comparative procedure method, without forgetting the techniques of documentary and bibliographic research. On the other hand, it was used as a theoretical framework, in the legal domain, civil-constitutional law and the social function of the contract, and, in economic terms, the theory of transaction costs. The objectives of the work were structured in: a) presenting the most relevant principles related to Agrarian Law; b) to elaborate an interpretative model that aggregates the microsystem of Agrarian Law; c) to identify the importance of the theory of transaction costs in the formation of vertical integration as one of the forms of business management; d) interpret the provisions of Law n° 13.822/2016, especially those related to the conceptual and principiological part, obligations and responsibilities, and transparency in the contractual relationship; e) relate the interpretation of the provisions to the problems pointed out by the doctrine in the execution of vertical integration contracts in order to identify any gaps and, if applicable, suggest proposals for improvement. The results obtained were in the sense of confirming the projected thesis, that is, corroborating the positivity of the law's ability to create, from the analysis of the engendered legal institutes, a viable mutualism, from an economic and legal point of view, between agro-industries and producers rural areas.