Os aspectos contratuais do sistema nacional de abastecimento de combustíveis automotivos: o contrato de fornecimento com cláusula de exclusividade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2001

RESUMO

Brazil is confronting different new situations ever since its democratization, a process that ended upon the issuance of the new Federal Constitution of 1988. In the economic area it has not been different; we, however, have noted that the freedom granted within the politic field has not been extended to the economic realm. It is easy to note that the Federal Constitution as well as the current legislation have freed the internal market from government control which, from then on, started being strongly controlled by the large economic conglomerates. This control is easily detected in the strategic segment of the Oil Industry, mostly within the relationship of distributors and service stations sales points. The main instrument to attain market control is the exclusivity clause within the distribution agreement between the above mentioned economic agents, for the distributors do engage in a monopolitic conduct to exploit these sales points that spreads within the market restrictive impacts stemming from its dissemination imposing restrictive impacts within the national supply system of automotive Gil and, as a consequence, within the entire economic realm. Despite the importance of the deal between distributors and sales points, in which the amounts dealt with are extraordinarily high for the business of Gil supply, an element of first necessity to public consumption and an area widely recognized to be of public service, our research has shown that there is not a single serious and academic study about this issue, mostly where the conclusion, as it is the case for this work, comes to favour the economic weak, contrary to the interests of the strong

ASSUNTO(S)

agencia nacional do petroleo contratos -- brasil combustiveis para motores revenda distribuicao direito

ACESSO AO ARTIGO

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