Negócio jurídico e teoria monopolista : uma análise juseconômica dos vícios da lesão e do estado de perigo

Abstract

This thesis explores some possible intersections between economics and law theories in order to demonstrate the role microeconomics can play as a pivotal hermeneutical tool in specific juridical cases. My study thus employs such an interdisciplinary approach in order to examine the triad law-price-damage found in defective juridical trades. Both legally damaging and state of necessity include the notion of abusive price, that is, price established outside the parameters of the free market. By way of studying flawed markets, microeconomics thus analyzes the premises of monopoly, in particular the economic agent of monopoly. When applied to specific juridical cases, monopoly theory can in fact help us understand that both damage and liability, above all the very concept of abusive prices in contractual relations, derive from situations of monopoly and flawed markets. Needless to say, this cross-disciplinary approach amplifies as well as complicates the meaning and actions of both damage and liability.