The Breadth Of The Unfair Competition Concept

Protection against unfair competition is founded on the principles established in the Federal Constitution of 1988, with respect to economic policy, namely free competition and consumer protection (Art. 170, Subparagraphs IV and V) and control of abuse of economic power and unfair competition (Art. 173, §4).

Clearly the State does not prohibit competition, but rather desires and encourages it as a means of stimulating industrial, commercial and technological development. For competition to thrive, however, abuses on the market must be deterred and controlled by coercitive regulations.

As in the previous legislation (Decree-law No. 7,903/1945), Law No. 9,279/1996 detailed the crimes of unfair competition.