Those who structure credit operations know that a good guarantee is not just one that offers security in case of default. It also needs to be efficient during its creation.

Each bureaucratic step, document requirement, or additional cost directly impacts the time it takes to formalize the transaction and, consequently, the speed at which funds are released. In agribusiness, where many operations depend on the right timing for acquiring inputs, planting, or investing, this agility can make all the difference.

It is precisely in this context that an important legal development deserves attention.

The possibility of establishing a fiduciary transfer of real estate through a private instrument, dispensing with a public deed, represents a significant advance for those granting credit. By simplifying the formalization of the guarantee without compromising its legal security, this modality contributes to more efficient, economical, and competitive operations.

The basis for this possibility lies in article 38 of Law No. 9.514/1997, which expressly allows the execution of acts and contracts related to fiduciary alienation by public deed or by private instrument with the same legal effects.

Recently, the Brazilian Supreme Federal Court reinforced this interpretation by recognizing, in Writs of Mandamus No. 39,930 and No. 40,223, the possibility of using private instruments even in operations carried out outside the Real Estate Financing System (SFI). The decision consolidates an understanding aligned with the objective of the legislation itself: to stimulate credit through the simplification of operations, while preserving the legal security of guarantees.

The practical effects of this evolution are particularly relevant for financial institutions, cooperatives, trading companies, input suppliers, investment funds, and other agents that finance the productive sector.

By eliminating the need for a public deed, the establishment of the guarantee becomes simpler, reduces operational costs, and shortens the time required to complete the transaction. The result is a more efficient credit structure, capable of responding more quickly to market demands.

Among the main benefits are:

• Reducing the costs of formalizing the guarantee;
• Reducing the time between loan approval and credit disbursement;
• Simplification of documentation procedures;
• greater operational efficiency in structuring guarantees;
• Strengthening the legal security of the operation;
• Increased competitiveness of institutions that provide credit.

More than just a change in the way contracts are made, the recent Supreme Court ruling reinforces a trend toward modernizing credit operations in Brazil. The law is now acting as an instrument of economic efficiency, reducing bureaucracy without compromising the legal protection of the parties involved.

For those who grant credit, this movement represents an important opportunity. Structuring more efficient guarantees means reducing costs, optimizing internal processes, accelerating the availability of resources, and increasing the competitiveness of operations—factors that make a difference in an increasingly dynamic market.

This is precisely the perspective that guides our actions.

Node Luchesi Lawyers, We understand that legal counsel should go beyond analyzing legislation or drafting documents. Our role is to transform legislative and jurisprudential changes into solutions that make credit operations safer, more efficient, and more competitive.

By constantly monitoring the evolving regulatory environment and court decisions, we seek to identify opportunities that allow our clients to structure stronger guarantees, reduce risks, and streamline their operations, especially in agribusiness financing chains.

Because, for us, the law should not only protect credit operations. It should contribute to making them increasingly efficient.