O pequeno produtor rural devedor de cédula de crédito rural e o superendividamento: Análise diagnóstica dos casos da 2a Vara Cível da Comarca de Araguaína/TO para a estruturação de parâmetros e fundamentos de aplicação do Código de Defesa do Consumidor à luz da Súmula nº 297 – STJ

Abstract

This dissertation aims to analyze the legal and factual criteria that justify the application of the Consumer Defense Code (CDC) to small rural producers who are debtors of rural credit notes, with emphasis on cases pending before the 2nd Civil Court of the District of Araguaína, Tocantins. The research is based on the recognition that the over-indebtedness of small rural producers constitutes a phenomenon of significant social impact, capable of causing rural exodus, increasing socioeconomic inequalities, and compromising regional food security. The study proposes a critical reflection on the need for jurisprudential uniformity and a more systematic legal approach that ensures greater legal certainty and effectiveness in access to justice. The analysis of judicial decisions will identify convergences and divergences in the application of the CDC, establishing material and procedural parameters for its incidence in rural credit contracts. Methodologically, the research adopts an interdisciplinary approach, both qualitative and quantitative in nature, combining legal, socioeconomic, and documentary analysis. Primary sources, such as judicial proceedings, and secondary sources, including legislation, doctrine, and scientific articles, are employed. Thus, the study seeks to contribute to the improvement of judicial practice and to the strengthening of the fundamental rights of small rural producers, recognizing their condition of vulnerability and the importance of the social function of agricultural credit for the sustainable development of rural Brazil.