Operação de barter no agronegócio: uma nova forma de estruturação jurídica

• Ano de defesa: 2026
• Autor(a) principal: Rodrigues, Rafael Molinari
• Orientador(a): Nunes, Marcelo Guedes
• Tipo de documento: Tese
• Tipo de acesso: Acesso embargado
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Operação de barter; Patrimônio de afetação; Financiamento do agronegócio; Cédula de produto rural
• Palavras-chave em Inglês: Barter transaction; Partitioning assets; Agribusiness financing; Rural product certificate
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/46722

This study aims to examine barter transactions in Brazilian agribusiness and seek greater effectiveness in contractual colligation and the coordination of the applicable legal regime through the technique of asset partitioning, with specific purpose for the achievement and fulfillment of the respective barter transaction. The idea is to present a new form of optional legal structuring, with a view to offering greater legal certainty for the promotion of agricultural production through private initiative. To this end, the scientific research was divided into three main parts. In the first part, as a background and context, brief considerations are made about Brazilian agribusiness, its importance for the country and abroad, also providing an overview of public and private financing of agribusiness-related activities. In the second part, we seek to explain the barter operation, with brief notes on its historical origin and similar structures in other countries. It highlights the main modalities and most common structures of the operation in Brazil, the actors involved, the current legal regime of the rural product certificate (the main instrument of the operation), and the most relevant advantages and challenges, in addition to the legal risks of the current structuring model, emphasizing the application of the theory of relations and colligated contracts. In the last part, notes are made on the institution of asset partitioning and the possibility of establishing separate assets, liabilities, and equity linked to a barter transaction is defended, in order to effectively communicate all legal transactions and segregate the transaction from other debts and obligations of the debtor or other credit transactions - including other barter transactions - highlighting the relevance for the legal certainty of the structure. Finally, the new proposed structure is detailed and the possibility of establishing partitioning assets for the agricultural products of the respective barter transaction is defended, with the specific purpose of its achievement and fulfillment, without communication with other activities, assets, or debts of the debtor, including against the effects of any judicial or extrajudicial reorganization, bankruptcy, or civil insolvency, as the case may be, with presentation of a draft bill and respective justification