Judicial recovery has been an essential instrument for rural producers facing financial difficulties. However, one of the most debated points in the legal community is the mandatory registration of rural producers with the Commercial Board in order to be able to file for judicial recovery. 

The answer to this question was consolidated by the Superior Court of Justice (STJ) in Theme 1145, which established the possibility that a rural producer can file a request for judicial recovery even if he has registered with the Commercial Board shortly before formalizing the request, as long as he proves that he has been exercising the activity for at least two years. 

STJ Theme 1145 arose to resolve a legal controversy regarding the eligibility of rural producers for judicial recovery. Prior to this understanding, there were conflicting decisions: some required that the producer had been registered with the Commercial Board for at least two years, while others recognized the time of activity without this formalization. 

With the STJ decision, it was established that the time of activity can be proven regardless of the time of registration with the Commercial Board, which expanded rural producers' access to this important financial restructuring mechanism. 

The STJ decision is extremely beneficial to rural producers, as many work informally for years before regularizing their registration as entrepreneurs. Now, the period prior to registration can be counted for purposes of eligibility for judicial recovery. 

Therefore, even if the registration with the Commercial Board is recent, the rural producer can demonstrate that he/she was already carrying out rural business activity previously, as long as he/she presents supporting documents required of other entrepreneurs. 

For the request for judicial recovery to be accepted, the rural producer must present documents that demonstrate that his/her activity has been carried out continuously for at least two years. The main documents accepted are: 

• Rural Producer's Digital Cash Book (LCDPR); 
• Income Tax Declaration (DIRPF) with information on rural activities; 
• Sales invoices for agricultural or livestock production; 
• Supply contracts, purchase of inputs or rural financing; 
• Accounting documentation and financial records of the activity.

The correct organization of these documents is essential to ensure that the request for judicial recovery is accepted without bureaucratic obstacles. 

If you are a rural producer and are facing financial difficulties, judicial recovery can be an excellent way to renegotiate your debts and continue producing. However, it is essential to have specialized legal advice, as a poorly prepared request can make the situation even worse.