O paradigma do direito antitruste brasileiro e a escola austríaca de economia

Abstract

This monography has for purpose the achievement of an interdisciplinary discussion between law and economics, introducing the study area of trade protection laws and more specifically, antitrust laws. The purpose is the presentation of the theoretical paradigm that bases Brazilian antitrust law to demonstrate that the fundamental economic principles used to elaborate these laws are based on the theoretical plan of a determined line of economic thought that receives several criticisms from others economic schools, being the most incisive from the austrian school of economics. To propose the reflection about necessity of knowing and question the fundamental theories that involves the elaboration of a legal rule, it had been necessary to discuss about the socioeconomic context that resulted in the proposition of these rules just as to expose possible reasons that motivated them beyond the dominant speech. Later, it had been presented the concepts of competition of each school of thought and the criticisms from the authors of austrian school of economics to the concept of competition from mainstream neoclassical economists. Lastly, discusses the concepts of monopoly and oligopoly, demonstrating that there’s a direct relation between those concepts and the concepts of competition supported by each one of the theoretical perspectives presented, and by consequence, there will be different political and juridical recommendations from each one.