A defesa comercial e a proteção da concorrência no comércio internacional

Abstract

Trade Remedy measures, internationally regulated by the integrant treaties of the World Trade Organization (WTO) and internalized in Brazilian law by the Decree Nº 30/94, has gained increasing importance in an international economic scenario underpinned by the globalization of markets and the progressive reduction of trade barriers between the boundaries of sovereign States. Still not much explored doctrinally, trade remedies, which brings together: antidumping, countervailing and safeguard measures, stirs disagreement about its effectiveness, since it is considered as mere protectionism by breaking the development of free trade with the teleological justification of preserving competition in international trade. The primary objective of this research is to identify and demonstrate the teleology and effectiveness of trade remedies institutes through the prism of competitiveness. To reach this objective, it will proceed to the study of its legal and economic aspects, aiming to find its principles, with final objective to identify its effectiveness for the protection of the competition in international trade, which would benefit, in a final analysis, the market itself and the consumers. In order to achieve the objectives proposed above, it will take as a theoretical framework the understanding of Prof. João Bosco Leopoldino da Fonseca (2007, p. 19-34) that points to the need for coordination of the economic activity the State, through the Economic Law, to maintain the balance between public and private economic interests, without, however, suppressing free initiative. It will adopt as a hypothesis the assertion of the need to use the commercial defense as a lawful and effective mechanism for preservation of competition in international trade against anticompetitive behavior of exporters, in order to ensure greater benefits to final consumers and systemic benefits to national and international markets. In the methodological aspects, the present study was sustained in historical and doctrinal content, international legislation, its content and its reflection in the Brazilian legislation, jurisprudence of the main international bodies for solutions of international disputes on the subject and the national administrative bodies, as well as analysis of the effectiveness of the use of commercial defense in specific cases, objetcting and presenting, by the conclusion, the obtained results.