Banca de DEFESA: Fernando Antônio de Alencar Alves de Oliveira Júnior

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Fernando Antônio de Alencar Alves de Oliveira Júnior
DATE: 31/08/2022
TIME: 09:00
LOCAL: https://mpf-mp-br.zoom.us/j/81951689513
TITLE:

"THE NECESSARY AND COMPLEX RELATIONSHIP BETWEEN COMPETITION AND CORRUPTION: AN (RE)ANALYSIS OF BID RIGGING PRACTICES PUNISHED BY CADE".

KEY WORDS:

bid rigging, corruption and complexity

PAGES: 449
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This doctoral thesis is an empirical study that aims to analyze the bid rigging practices punished by CADE between 1994 and 2019, in order to evaluate two hypotheses, called, respectively, necessity and complexity: (i) in Brazil, most cases of bid rigging are related to acts of corruption or, at least, to indicative elements of their practice, as well as (ii) the coexistence of these two illicit acts in the same factual context substantially alters their characteristics, in many situations undermining some of the controls routinely used for their identification and repression. The text is divided into two chapters. The first one includes three axes, which start from general themes and gradually approach the bid rigging practices, on the axis of competition; corruption, on the axis of administrative probity; and the intersection between the illicit practices, on the axis of complexity. In addition to the construction of research hypotheses, this chapter also substantiated the categories used for the empirical study. The second chapter, in turn, is divided into four axes: a preliminary one, which evaluates the Lava Jato cases being analyzed by CADE; another that deals with the study of sanctioned bid rigging practices; a third in which, based on the data extracted from the main research, it is analyzed how CADE has approached this type of antitrust illicit; and, finally, a last one in which measures are proposed to improve investigations in the light of Brian Arthur's Complexity Economy. Cartel practices and corruption can directly affect bidding processes and, to combat them, the Brazilian State has different repressive apparatuses (agencies and sanctions), segmented by area of activity: the antitrust is mainly disciplined in the Law 12.529/2011, while the promotion of administrative probity is foreseen, above all, in the Laws 8.429/1992 and 12.846/2013. The doctrine identifies a relevant synergy between the two offenses, so much so it is common for the antitrust infringement to overlap with the practice of bribery in the same bidding process. This study, in an innovative way, based on the Brazilian cases of cartel practices in bids, intends to evaluate the watertight repressive apparatus of the State, which contrasts with the complex reality of the illicit practices, and to proposes some improvements.

BANKING MEMBERS:
Externo à Instituição - RONALDO PINHEIRO DE QUEIROZ
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Presidente - 1509022 - ANA DE OLIVEIRA FRAZAO VIEIRA DE MELLO
Interno - 1884024 - PAULO BURNIER DA SILVEIRA
Externo à Instituição - VINICIUS MARQUES DE CARVALHO - USP