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Agro-industrial contracts and the work of Francisco de Godoy Bueno

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SpaccaIn the "Agribusiness Law" columns at the end of last year, the topic covered was the integration contract. Taking advantage of the previous analyses, I found it interesting to continue in 2018 with the same subject due to its growing legal and economic relevance, essential for maintaining the production system of various crops. To this end, I share the main points of a recent, original and fundamental work on the subject, entitled Agroindustrial Agrarian Contracts: Analysis in the Light of the Theory of Agrarian Contracts , written by Francisco de Godoy Bueno, lawyer, graduate and master from the Faculty of Law of Largo São Francisco, from the University of São Paulo, and prefaced by its master's advisor, professor Fernando Campos Scaff.

The first consideration that must be made is B2B Lead that the author did not succumb to the inaccuracies of Law 13,288/2016 by not adopting the name integration contracts, as the law did not stick to the name already enshrined in foreign doctrine — agro-industrial contracts. In his work, he highlighted that the use of terminology from Brazilian legislation has caused doubts about the application of the law, as it is only known in certain markets, such as pigs and chickens 1 . The author considers that the contracts regulated by this law are effectively agro-industrial contracts conceived by the agrarian doctrine.

It should be noted, a priori , that the author uses as a background for discussions the typical theoretical basis of contemporary Agrarian Law, which goes beyond merely land parameters and has the agrarian company at its core. It analyzes the relationship between company, contract and the specificities of production due to agricultural activity, more precisely the biological cycle. The author considers that the specialty of agribusiness is in agrarianism, which, in turn, is the phenomenon that defines the specialty of Agrarian Law 2 .



It uses the foundations of Italian doctrine, mainly Antonio Carrozza's classic division that differentiates two categories of agrarian contracts: a) contracts for companies and; b) agricultural company contracts. Contracts for an agrarian company include contracts in the strictest sense, which have as their object the transfer of the rustic fund for the operation of the agrarian company. In turn, agrarian company contracts are those that the agrarian company enters into to achieve its individual interests within the scope of agrarian activity and, in this way, highlights the work of another Italian professor, Alfredo Massart, who highlighted agrarianism as the cause of contract and therefore unshakably based on Agrarian Law 3 . Thus Francisco Bueno concludes that agro-industrial contracts are affected by agrarian activity, which makes their link with the agrobiological cycle indisputable.

Agro-industrial contracts, for the author, add value to agrarian activity, allowing the agrarian company's products to be produced as a result of the final products of agro-industrial or commercial integrating companies, and no longer for the primary agricultural production market.

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