A efetivação do princípio da eficiência no processo administrativo antitruste: o acordo de leniência como garantidor do interesse público

Abstract

The aim of this study is to analyze the agreement on leniency, trying to determine their content and effectiveness and the principles arguments justifying its applicability. The conomic power is often used in an improper manner in the capitalist world, requiring the performance of the state to curb its abuse by ensuring the free enterprise competitive. To guarantee this, it was promulgated the Law 8.884/94, posteriorly altered by the Law 12.519/2011, the current antitrust law, with the aim of tackling the distortions in the market, setting therefore penalties on violators. This state intervention, with regard to antitrust, should be materialized through administrative process able to rise to protection of diffuse interests and the protection of fundamental human rights. In this context, it is imperative to analyze the consensus, which appears in Public Administration as a contemporary form of democratic and diligent pursuit of the public interest. Thus, the agreement of leniency expressed this search for consensus that it should operate, where possible, between state and society. The agreement helps, particularly for the optimization of the antitrust investigation and, instead, for greater effectiveness of anti-repression practices, which significantly expands the protection of diffuse interests protected by law 12.529/2011.