MECANISMOS JURÍDICOS DE REGULAÇÃO DO PREÇO DO COMBUSTÍVEL E A ATUAÇÃO DO PODER JUDICIÁRIO: ANÁLISE CRÍTICA DO CASO DE GOIÂNIA-GO À LUZ DA CONSTITUIÇÃO FEDERAL DE 1988

Abstract

The work, inserted in the research line “Economic regulation, Competition Law and business development policies”, aims to shed light on the regulation of the fuel market in the city of Goiânia, in the state of Goiás, based on the assumption of its inefficiency before the recurring questioning about the occurrence of the price cartelization due to the permanent similarity of those practiced in the capital, leading to the action of Procon and judicialization of the issue, as well as the need for regular inspection by INMETRO regarding the quality and quantity of the product sold. It is intended, focusing on the resale sector, based on the study of the rules that regulate it, as well as the supervisory role played by the main bodies active in consumer protection and analysis of the formation of fuel prices, to outline the complexity of that market and the nuances that surround it in the light of a critical view between the link between free enterprise and state interventionism and, thus, investigating the control of jurisdictional action in the failure of regulation, through the study of works dealing with Constitutional Economic Law, the aspects of the supply of automotive fuels, sector regulation, competition law and judicial control of fuel prices via activist or deferential action.