O PAPEL DO AGENTE DE GARANTIA EM OPERAÇÕES ESTRUTURADAS DE FINANCIAMENTO NO BRASIL

The present work is a study about the implementation of the guarantee agent in structured financing transactions in Brazil, with the purpose of contributing to the scarce academic production on the subject. Throughout the thesis, we sought to present the conditions under which this agent is being inserted in Brazil, by analyzing the financial transactions in which it plays its role, the status quo of the Brazilian credit market and the challenges of its implementation. Thus, it was possible to analyze its characteristics, functions and its implementation in credit contracts. After the analysis of the national precedents about the theme and the study of the Brazilian regulatory framework, it was possible to conclude that the Collateral Agent is legally possible to be implemented in structured financing transactions, but the lack of legal provision on certain aspects of the Collateral Agent’s performance culminates in legal insecurity.