Nem castigo, nem prevenção a medida de desconcentração na Lei Brasileira de Defesa da Concorrência

Abstract

This article analyzes the imposition of deconstitution active processes in the conduct of comparative law (United States, European
Community and market investigations by the British Competition Commission). Determines the legal nature of this measure in Brazilian law, from its history and the Administrate Law dogmatic, and defends his (non-punitive nor preventative) reparatory character effects of practice on the market. Finally, outlines legal and constitutional limits to its use.