Atividade empresária em mercados: da disciplina da concorrência aos novos marcos regulatórios na sociedade global

Abstract

Regulation of companies´activities in markets is a very recent and inciting theme. The processes of social fragmentation and globalization made it emblematic in times of ruputures and social, economical, political, and juridical changes. The modern Nations monopolistic holders of the power to decide had its sovereignty undermined and dealt with the mination of the public/private classical dichotomy. By privatizing bureaucratic companies, technologically stagnated and with inefficient management, the Nations have changed from direct and incisive Interventors to strong Regulators exceptional participant of the economic scene, but with strengthened regulatory apparatus. Private companies are the social institutions which are most able to face new challenges. The rationality which predominates, connected with the conduction of its businesses, is a decisive aspect to narrow the route to positive results. On the other hand, this rationality makes to come up intense interests that, when institucionalized, conflict with many others, in the midst of the complex society. So that, it´s up to the Nations, to create and maintain the market, environment of entrepreneurs´ activities, which emerges from legal establishment. The Nations, challenged in its basis, before conflicts of diffuse and special interests, and on the edge of an inflexible position, placed itself as articulate, coordinating, mediating and deliberative nucleus, through independent, specialized in procedures and solution of conflicts foruns . As recent regulatory marks, the independent organs are much more prepared for the new functions of the Regulator Nations, translated into minor intervention of the central political power; greater ability to interact with the society; greater ability to comunicate with the representatives of public diffuse and special interests, and better adequacy to general wishes of the society. In Brazil, the autarchies in special regime, play this role