| dc.description.abstract | This study deals with the use of Sociedade em Conta de Participação as a holding structure for foreigners to exploit rural lands in Brazil, providing a legal alternative to
the prohibition of foreign access to such rural lands. The study is justified in outlining
the use of Sociedade em Conta de Participação as a holding company, by foreigners, to invest and explore rural lands in Brazil in a legal and safe way. The research problem lies in how the Sociedade em Conta de Participação can assume the position of holding company in Brazil and allow access to the exploitation of rural lands through foreign investment? Therefore, the hypothesis is that lack of legal personality of the Sociedade em Conta de Participação evades the legal restrictions imposed on foreigners, becoming a legal solution for foreign investors to access rural lands. In addition, the recent creation of the Fundos de Investimentos nas Cadeias Produtivas Agroindustriais (FIAGRO) in 2021, which do not have legal personality, there are no restrictions for foreigners to acquire their shares, since such funds can control Brazilian society and exploit rural lands. The other corporate types that have legal personality, in view of the prohibition of natural or legal person to explore said areas, do not confer the necessary legality to carry out the operation. The general objective of the research is to find a legal alternative for foreigners to explore the Brazilian rural lands. As specific objectives, the legal nature of the Sociedade em Conta de Participação was analyzed, a study was carried out on the feasibility of using the Sociedade em Conta de Participação as a holding company for another company and the possibility of using this type of company by foreigners for
investment purposes in exploration was demonstrated. from rural lands. In the first
chapter, the provisions of the Brazilian law on the Sociedade em Conta de Participação and the doctrinal discussion of its legal nature. In the second chapter, a brief study was elaborated on the holding company and its regulation in Brazilian law and the power control, also according to Brazilian law, and, in the last chapter, the acess to rural lands by foreigners through Sociedade em Conta de Participação. The research results showed that in Brazil there is still an old legislation on the exploitation of rural lands by foreigners, whose interpretation was changed by the AGU over the years, which brought legal uncertainty. The research method was deductive, as it departed from concepts of general scope for the specific treatment of the research objective. The technique consisted of a bibliographic review, promoting theoretical analysis. Based on the confirmation of the research hypothesis, the viability of using the Sociedade em Conta de Participação as a holding company for a Brazilian company that explores rural lands was demonstrated. As a practical delivery of the research, two drafts of articles of incorporation were presented that allow the configuration of Sociedade em Conta de Participação as a holding
company and a flowchart for the entry of foreign capital. | en |
