Land lease and partnership agreements in Brazil

Abstract

THIS ARTICLE USES THE EXISTING DIALOGUE BETWEEN LAW AND THE ECONOMY TO ANALYZE LEASING AND SHARECROPPING CONTRACTS IN BRAZIL. IT IS A FACT THAT NATIONAL LEGISLATION CREATES OBSTACLES TO ESTABLISHING THESE CONTRACTS, ESPECIALLY THOSE THAT INVOLVE SMALL, POOR PRODUCERS. A LOOK AT THE HISTORY OF THE PROCESS OF CREATING THE STATUTE OF THE SOIL HELPS UNDERSTAND THE CONTEXT THAT GAVE RISE TO THE SPECIFIC LEGAL APPARATUS FOR AGRARIAN CONTRACTS. FURTHERMORE, IT PRESENTS THE MAIN CHARACTERISTICS OF THESE CONTRACTS, FOR EXAMPLE, DEADLINES, PAYMENT METHODS, PREFERENCE RIGHTS AND COMPENSATION FOR IMPROVEMENTS. IT IS NOTICED THAT THE ENFORCEMENT OF LEASING AND SHARECROPPING CONTRACTS ARISES IN THE MIDST OF STRICT AND CONTRADICTORY INTERESTS. THE CLAUSES IN THE CONTRACTS DO NOT ALWAYS BENEFIT THE ECONOMICALLY MORE FRAGILE PARTY. IT IS CONCLUDED THAT MORE INTENSIVE USE OF AGRARIAN CONTRACTS DEPENDS ON LEGISLATIVE CHANGES THAT ATTEND THE SOCIO-ECONOMIC CONDITIONS OF LEASERS AND SHARECROPPERS, ABOVE ALL, THE SMALL PRODUCERS.