Comments on the introduction of the Antitrust bill
In memory of Agamenon Magalhães1
"Politics draws you in, little by little,
until you forget everything else".
Michael Dibdin2
I - The purpose of this article
1. With approximately seven lustrums' experience in Economic Law, and abdicating both vanity and humility, the author hereof shall penetrate the meanderings of this Bill3 through its Introduction, which might otherwise correspond to a Preamble, due to the importance it deserves from whomsoever shall interpret it4. And, from the outset, he shall dare to asseverate that, since the enactment of Law No. 8.884, on 11th June 1994, this is the first time that, in this country, there has been the necessary intellectual probity, impartiality and technical competence in this respect. And more. It is certaintly the case that the prevailing law itself, modified by this Bill, came into being at once sullied by the converging interests of the time of its enactment and at variance with President Itamar Franco's true designs. For this reason, let us enthusiastically greet the Bill and, in due exercise of our rights and obligations as citizens, let us make all those repairs set forth in this punctilious message. And, further, let the author hereof act as a virtual representative of the people to whom this text is directed.
2. The Bureau for Economic Analysis of the Treasury Department, the Bureau for Economic Law of the Justice Department and the Administrative Council for Economic Defense have assumed responsibility for elaborating the Bill in question. This meeting, which had not yet taken place when I drew up a bill in 1994, at the request of Minister Aléxis Stepanenko, and by determination of the President of the Republic, was the reason why the innovative and daring proposals made at that time were laid to rest, never having been seriously or constructively debated. This is a fact that I most bitterly put on record. And I do so in honor of the grandiosity of those who were willing to offer up to the Nation this Bill, whose motivation, in ten pages, leaves no doubt as to the commitment of those who devoted themselves to the cause.
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Jayme Vita Roso, attorney at Jayme Vita Roso Advogados e Consultores Jurídicos
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