Thus the producer does not lose plus its right of special insured before INSS, guaranteeing agricultural retirement as producing (GUIMARES, 2001). On the other hand, promotions to the collective works, associations, cooperatives, condominiums and microcompanies also appear. Each one of these legal figures possesss peculiarities that can favor and/or make it difficult the process of legal adequacy. In the case of cooperatives a minimum number of 20 partners exists to consist, also exists certain cultural difficulty on the part of the familiar agriculturists and still it has collection of income tax of the cooperated ones as would carry 123 of 1999, of the secretariat of Federal prescription. In the case of the creation of a microcompany, the agricultural producer leaves legally of being producing, that is, for the social welfare loses its condition of special insured, thus losing its agricultural retirement as diligent (MIOR, 2005).
In relation to the insustentabilidade of the current sanitary legislation for the agricultural familiar agroindstrias, Sulzbacher (2007), analyzes the entremeios that surround the public politics in this scope, as much of the perspective of the consumer in relation to the informality, how much of the producer. … the public politics have represented, in the present time, the attempt to mainly remove food the artisan production of the informality under gide of the alimentary security. This process is a question of basic importance either for the consumer, therefore it supplies guarantee to consume a safe product, either the proper producer that it processes to the step that gets the legal validation of the quality of its product. However, at the same time where it can to potencializar a production with bigger quality, also can consist as one empecilho so that the activity can be developed and to present conditions of viability front to the small country property (SULZBACHER, 2007, p.59). Important to make this analysis, where the legalization process can come if transform into one empecilho to make possible the development of the AFRs. .