The National Council of Justice published the CNJ Provision No. 216/2026, which establishes guidelines for the processing of judicial reorganizations and bankruptcies of rural producers throughout the country.

Although it is a rule directed at judges, it sends important signals to financial institutions, trading companies, input suppliers, and companies that provide credit to the agricultural sector..

The purpose of the provision is standardize decisions and increase legal certainty. on a topic that has gained enormous relevance in recent years: judicial reorganization in agribusiness.

Below are some points that deserve attention.

Proof of actual rural activity

To request judicial reorganization, the rural producer must prove... at least two years of activity, with documents such as:

• Digital Cash Book for Rural Producers (LCDPR)
• Income tax return
• Balance sheet prepared by an accountant

The judge may also determine a prior technical verification, including an inspection of the rural property.

The idea is to avoid requests for judicial reorganization without effective productive activity or with weak documentation.

Recovery does not apply to those who only lease land.

The provision reinforces that judicial reorganization should be intended for those who... effectively engages in rural activity and assumes the risk of production., ...and not only those who lease land or participate indirectly in agricultural operations.

Greater attention to guarantees during the process.

Another relevant point is the requirement of monitoring of guarantees linked to rural production.

During the process, the judicial administrator must monitor and report:

• crop-linked guarantees
• goods given as collateral
• potential sale or diversion of secured assets

This tends to increase transparency regarding the assets that underpin credit operations.

Some debts remain outside the scope of the judicial reorganization process.

The provision also reinforces situations in which certain credits They do not submit to judicial reorganization., such as:

• CPR with physical settlement (including barter transactions)
• loans with fiduciary assignment
• Financing for the acquisition of rural property in the last three years
• Advance payment of foreign exchange contract for export

In practice, this reinforces a central point for those who grant credit to agriculture:

The legal structure of the operation is fundamental.

Depending on how the guarantee is structured, the loan may not to be affected by judicial reorganization.

The ruling does not change the law, but it signals a clear trend within the Judiciary:
Greater rigor in the analysis of requests for judicial reorganization from rural producers and greater attention to guarantees linked to credit operations.

For those who finance agribusiness, this reinforces the importance of To properly structure operations legally from the outset..

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