A REESTRUTURAÇÃO DO MERCADO CONCORRENCIAL NO BOJO DOS ACORDOS DE LENIÊNCIA E A REPARAÇÃO INTEGRAL DO DANO: um olhar a partir do direito constitucional econômico.

Abstract

The aim of the work is to investigate the fulfillment of full reparation of the damage in the leniency agreements. Recognizing the economic market as a means of social construction, making a passage about economic growth rooted in classical liberalism, at the Harvard School, at the Chicago School and by the theoretical current of the late 19th and 20th centuries. It also highlights the interdisciplinarity of Constitutional Economic Law with other legal and social sciences, the behavior of economic agents and consumers, limited resources, the satisfaction of human needs with a fundamental right and the intervention of the State in a preventive, repressive and pedagogical way. Thus, in the face of action to combat anti-competitive market practices, we analyzed the purpose of the Leniency Program as a measure to restructure the competitive market and the requirement for full damage repair. In Brazil, there is a growing number of agents that violate the program, so we have examined the monetary collections made by the Administrative Council for Economic Defense, both in repressive spheres and in conflict pacification through Cessation Agreements and Terms of Termination - TCC. To this end, it discusses the actions of market agents and the instruments of social formation in the economic market, the rights protected in favor of the community with the application of the leniency agreement, the possibilities of making the application of comprehensive damage repair more flexible, finally, analyzing the search for balance in the punitive action of the State and the positive and negative economic consequences for the competitive market.