História do CADE: apontamentos sobre uma contradição necessária

Abstract

This present work looks at the historical trajectory of the Conselho Administrativo de Defesa da Concurrence, from its creation and evolution to its current configuration. The study addresses the main legislative and institutional changes that have shaped CADE over the decades, highlighting the contradictions that arise when attempting to reconcile economic freedom with the need for intervention to avoid abuses of economic power. The analysis shows that, although CADE acts to promote competition, its existence and operation reflect an essential contradiction: that in order to guarantee a free and competitive market, a certain level of regulation is essential, which, paradoxically, limits this same freedom. It will also highlight some economic aspects present in the current Brazilian Federal Constitution, as well as notes on a greater or lesser intervention by the State in the economic sphere. Finally, the dilemma of the necessary contradiction of state regulation will be addressed. This work was developed based on bibliographical research, doctrinal understandings, analysis of legislation and consultations on websites of public bodies in Brazil.