Increased default rates reinforce the importance of corporate restructuring mechanisms.

The latest indicators confirm a scenario of worsening default rates and financial difficulties faced by companies and rural producers. In 2024, requests for judicial reorganization grew by 61.8% compared to the previous year, reaching the highest volume recorded since 2006. The trend continued in 2025, with an increase in the number of companies in insolvency, which rose from 6.9 million to 7.3 million, according to data from Serasa Experian.

In agribusiness, the trend is even more pronounced. Requests for judicial reorganization jumped from 1,272 in 2024 to 1,990 in 2025, representing a growth of 56.4%. In parallel, the default rate for rural producers reached 8.8% in the first quarter of 2026, corresponding to the highest rate in the historical series, surpassing the 7.9% recorded in the same period of the previous year (Serasa Experian).

Given this scenario, it becomes increasingly relevant to understand the legal instruments designed to overcome the economic and financial crisis. Law No. 11.101/2005 (Judicial Reorganization and Bankruptcy Law) offers mechanisms aimed at preserving business activity and rural production, prioritizing negotiated solutions between debtors and creditors.

Among them, judicial reorganization stands out, aimed at companies and rural producers that meet the legal requirements. The procedure allows for the reorganization of liabilities through the presentation of a reorganization plan, in addition to ensuring the suspension of actions and executions against the debtor for the legal period (stay period), creating a stable environment for negotiation with creditors.

The legislation also provides for out-of-court restructuring, a method based on direct negotiation with specific groups of creditors, subsequently submitted for judicial approval. This is a faster and less expensive procedure, especially recommended when there is consensus among the parties involved.

Furthermore, following the changes introduced by Law No. 14.112/2020, preventive negotiation mechanisms have gained prominence, such as the preliminary injunction, which allows the debtor to obtain the temporary suspension of executions for up to 60 days while conducting negotiations and mediation procedures with its creditors. This mechanism aims to create conditions for building consensual solutions before the need for judicial reorganization arises.

More than just procedural instruments, these mechanisms represent important tools for preserving economic activity, overcoming the stigma of bankruptcy and the crisis of confidence, allowing for the reorganization of liabilities, the maintenance of operations, the protection of jobs, and the reduction of the impacts resulting from the financial crisis. In a scenario of increasing default rates, the timely identification of the difficult situation and the adoption of the most appropriate legal strategy can be decisive for the continuity of the business.

By Andressa Kerschner