LIMA, E. G.; http://lattes.cnpq.br/2084715091021099; LIMA, Eligiderio Gadelha de.
Abstract:
The rural credit policy for Agroindustrial Systems is closely related to the requirement
for guarantees to outline the risks arising from these contracts, with the mortgage as
the main instrument to guarantee access to credit. Through it, the creditor protects
theirself from a possible default, affecting a property of the debtor to enforced
contractual obligations, athwart the execution process, for constituting the contract
guaranteed by a mortgage extrajudicial enforcement order. In this execution process,
the asset given in a mortgage guarantee may be subject to pledge, culminating in
acts of expropriation consisting in the adjudication or judicial alienation of the asset to
indulge the rights of the creditor. It turns out that the pledge has a constitutional and
legal limitation on the small rural property. Thus, the main goal of this study is to
reveal the possibility that the mortgage guarantee in the financing contracts of
Agroindustrial Systems may constitute an indirect violation of the constitutional
protection of small rural properties. For this, the study was executed using the
deductive approach method, employing the observational and bibliographic methods
as procedures and indirect documentation as research technique. In the course of
the investigation, it was noticed that, while recognizing the need for financial
institutions to surround themselves with guarantees against noncompliance in credit
concession contracts for the rural sector, the mortgage requirement of small rural
properties may result in future pledge of the property in the executive process, with
the consequent posterior foreclosure. This leads to a direct violation of the Federal
Constitution, which elevated the guarantee of non-pledge ability of small rural
property to the category of fundamental right. It was demonstrated that the protection
of small rural properties must be guaranteed by the State, and it is up to the State to
implement public policies focused on risk-taking in these contracts, aiming at
promoting social practices in small rural properties linked to Agroindustrial Systems.