Arbitragem nos contratos de arrendamento rural: da evolução do agronegócio à valorização do princípio da autonomia privada

Abstract

This dissertation intends to analyze the efficiency of using the arbitration institute to resolve conflicts in rural lease contracts. Brazilian agribusiness grows exponentially, both in relation to its productivity and in relation to its importance in the national economy. Relevant instruments for the current agribusiness system are rural leasing contracts. This contractual modality was instituted by Law nº 4.504/64, under a social-protectionist perspective, with mandatory clauses being established, given the need for protection, who would be the weakest part of the contractual relationship, the lessee. Arbitration, formally instituted in Brazil by Law nº 9.307/96, offers an extrajudicial form, chosen by consensus among the parties, so that the dispute is decided more quickly, confidentially and by a judge specialized in the matter discussed. These factors cause a reduction in transaction costs and may explain an eventual choice for arbitration to resolve conflicts in rural lease agreements. The monopoly of the jurisdiction of the State in the Judiciary is characterized by a recurrent problem, mainly, regarding its delay in pacifying conflicts. Thus, analyzing the use of arbitration in order to try to understand its advantages in a certain negotiation pact, in this case, rural lease contracts, represents an important step towards ascertaining the possibility of greater efficiency and savings in resolving these conflicts.