Review of Decisions of the Competition Authority in Brazil: Reconciliation of the Judicial Trend with Due Process of Law
27 Pages Posted: 4 Jun 2020
Date Written: December 10, 2019
The present essay approaches an issue on transparency, due process and procedural fairness in Brazil’s competition law. Rather than extensively describing the Brazilian system, this paper intends to propose a solution to the problem of the Supreme Federal Court (STF) decision to deny the review on merits in the Judiciary of decisions issued by the Administrative Council for Economic Defense (CADE). Such a proposition aims to reconcile the trend set by the Brazilian Judiciary with the right of undertakings to a due process of law, in particular, the right to the double degree of jurisdiction. To do so, it will consider the peculiarities of the Brazilian Competition System, in special the unsuccessfully attempted previous models, the benchmark provided by the two main models (European and American) and peer agencies in Brazil, to finally propose and justify the implementation of a Second Instance Administrative Appellate Tribunal within CADE.
Keywords: Competition Law, Supreme Federal Court, Cade, Due Process, Procedural Fairness, Antitrust Law
JEL Classification: K21
Suggested Citation: Suggested Citation