A intervenção antitruste em face do direito à livre concorrência: as sequelas da hipertrofia estatal no desenvolvimento econômico.

Abstract

The current work comes to light with the symbiosis formed by freedom and competition, under which Antitrust Law arises and ends in the factual plane, forming a horizon where it is observed that it is an organism deleterious to economic development. In this continuity, considering that it has as its theme the dualism between the Antitrust Law and the Right to Free Competition, in which the problem is manifested through the theoretical metamorphosis of the concepts of competition and monopoly, since it is an active process and indeterminate of incessant dispute and exploitation, and this, in turn, of a legal block formed by the state action to the entrance of competitors in the market, being its imperfection motivated by the misguided application of the Theory of Perfect Competition. It aims to show that antitrust intervention is disastrous to economic development, while justifying the theoretical-conceptual scrutiny of toxic effects in this sphere. The objectives are achieved through the method of functionalist procedure, valuing the complexity of the economic formation present in the social body, investigating the modular process of the antitrust intervention and, also, the sequels that deprive the competitive freedom. The method of approach used is the hypothetical-deductive, given the need to verify the theoretical linkage in the factual plane between the Theory of Perfect Competition and the Hayekian understanding of competition, as well as the study of particular cases the national economy. It has as a foundation the assumption of being in front of two social sciences, the Law and the Economy, being reinforced with the understanding of the Austrian School of Economy and, consequently, situating itself in the hypothetical field. As a research technique there is the bibliographical one, whose nucleus is the aforementioned School linked to the documentary analysis of the legal devices concerned. In a paradoxical act, the State brings the genesis of multiple competitive deformities through compromised mechanisms, to mention: protectionism, sector regulation, regulations in general and intellectual property rights. The operation of a hypertrophied and exploiting state manifests the encapsulation of privileged castes, the crowning of inefficiency and the embargo of progress.