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The signed an understanding that directly impacts the planning of rural producers in the state. In a decision published in this Monday’s edition of the Electronic Justice Gazette (9), the Judiciary denied the request of a producer from the municipality of Bujari who sought to eliminate bank debts with Banco da Amazônia alleging.
The decision reinforces that natural events, such as droughts or unusual rains, cannot be classified as “fortuitous events or force majeure” for non-compliance with financial obligations, since they are considered risks inherent to the agricultural activity itself.
In the appeal analyzed, the producer argued that adverse weather factors had made production unfeasible, which would justify the review of contractual clauses and the suspension of payments. However, the judges understood that climate variations are part of everyday life in agribusiness and must be predicted by the entrepreneur. For the Court, recognizing an event as unpredictable would require extraordinary circumstances that completely deviate from regional normality, which does not apply to seasonal fluctuations in Acre.
In addition to maintaining the debt, the court decision also affected the debtor’s assets by denying the unseizability of agricultural machinery. The producer tried to protect a tractor from judicial execution, arguing that the equipment would be an indispensable tool for the exercise of his profession and, therefore, protected by law against seizure. However, the board understood that there was no robust proof of the asset’s essentiality for the continuity of the activity or for the survival of the family unit, thus authorizing the continuation of the seizure process.
