O SENTIDO DE “ECONOMIA POPULAR”: A ORIGEM DO ANTITRUSTE NO BRASIL NOS ANOS 1930

Abstract

The paper aims to understand the meaning of popular economy in the context of the first national antitrust statute, Decree-Law No. 869 of 1938 (Crimes Against the Popular Economy Act). The problem identified concerns to the insufficiency and imprecision of the competition law doctrine about the popular economy. The research is justified because of the importance of the popular economy concept for the formulation of antitrust in Brazil. The hypothesis is that popular economy can be defined by the economic well-being of the community, relating to two concerns: prices and supply. The methodology is based on the bibliographical research and the case law of the authority in charge of the statute enforcement, the National Security Court. As a result, it confirms the hypothesis and demonstrates the continuity of the idea of popular economy. The conclusion points out, among other aspects, the need of historically situating the meaning of popular economy.