Da intervenção do estado brasileiro no âmbito do direito concorrencial

Abstract

This paper seeks to broach the legal and economic aspects involving state intervention in the Brazilian Competition Law. It analyzes the constitutional basis of the economic order, discussing the concept of Economic Constitution and its principles. It deals, too, with competition as a law institute, addressing its different conceptions and its legislative development since the days of colonial Brazilian time until today. Nevertheless, it examines the justifications for regulation of competition, focusing on the role of innovation and efficiency in business competitiveness, reviewing the United States policy to protect competition. It also analyzes the ways of state intervention in the economic domain, its constitutional limits and addresses the connection between competition and regulatory agencies. Finally, it broaches the Brazilian System for Protection of Competition, its organs and its way of operation.