Aspectos legais para regularização da agroindústria familiar no brasil a partir da constituição federal de 1988.

Abstract

The present research deals with the family agroindustry as one of the pillars that favor the strengthening of family agriculture, addressing, in particular, the difficulties faced by the family farmer with regard to the process of regularization of the agroindustry, as well as the possibilities of legal entities that this can be framed. The national legislation brings a series of requirements for the regularization process to be achieved, however, given the extensive and bureaucratic legal framework, many family farmers who do not have the knowledge to do so end up choosing to live illegally rather than having to face such a process. Therefore, the present research has the general objective of analyzing the legal requirements for the regulation of the family agroindustry and, in turn, the specific objectives consist of carrying out a survey of the legal requirements for the regularization of a family agroindustry; identify the types of legal entities that agroindustries can fit into and point out the most appropriate one, as well as propose solutions through a summary framework for the best implementation of family agroindustries. For this purpose, the present research will use bibliographical research, since a survey of theoretical references already analyzed and published will be carried out, namely, books, scientific articles, website pages, among others, as well as the study of the legislation relevant to the subject, in addition, a summary table will be used, in order to facilitate the understanding of the requirements for the composition of each type of legal entity, as well as to point out its favorable and unfavorable points for the members of the family agroindustry. Corroborating with the legislation of the country, some judges point out that there is nothing that prohibits the small rural producer, qualified as special insured, from commercializing, even profitably, the surplus of agricultural or extractive production carried out for the subsistence of the group, in a family economy regime, provided that the exercise of his rural activity is maintained under the terms of the law that regulates the special insured, and that the legal entity is composed only of insured persons of the same nature and is headquartered in the same Municipality or in a neighboring Municipality to those in for them to carry out their activities.