O acordo de leniência como meio para a efetivação do princípio constitucional da livre concorrência.

Abstract

The constant increase over time of practices of illicit conduct against the economic order and the difficulty in identifying and impeding them led the State to seek a solution to combat this problem. In view of this, the Leniency Agreement arises, an experience of success in foreign legal systems and that was also implanted in Brazil, in search of preservation of the economic order and protection of competition. The present monographic work has the objective of analyzing the Leniency Program, signed between cartel participants and the Administrative Council for the Defense of Competition, to find out if this program is effective for effectiveness of the constitutional principle of free competition. The leniency agreement It was initially instituted in the United States and arrived in Brazil in the 2000s, and in 2011 underwent institutional and legal restructuring. To achieve your goal, the present work will begin doing a study on Law and Economy, identifying the origin of this union. Then, will be studied in detail the Competition Law, the need to be tutored, mode of identification of anti competitive conducts, types of agreements concluded between economic agents and, lastly, a study on the criminal protection of competition. In the end, a study will be carried out on the leniency agreement, beginning with a historical foreshortening of the institute, its origins and development in the Brazilian legal system, besides analyzing whether the program of leniency is an instrument and effective mean for the search of the effectiveness of constitutional principle of free competition.