O abuso de posição dominante nas relações contratuais aparentemente paritárias

Abstract

This paper aims to study contractual disparities within corporate relations, highlighting situations of vulnerability that may favour the occurrence of abuse of the dominant position. Thereby, it is crucial to analyze some principles of the economic order, such as free initiative and free competition, associated with the principles of contractual law, in order to identify, upon the occurrence of abuse of rights through the use of certain contractual instruments, the abuse of the dominant position. It seeks to explain, in the light of "law as integrity", developed by Ronald Dworkin, the assumptions for achieving social ideals, capable of implementing the basic principles of our Constitution, especially equality and freedom, understood in their substantive senses. With every argument presented, it is understood that to curb the abuse of the dominant position, and the abuse of rights, it is necessary to pay special attention to the operability of clauses and contractual remedies, in accordance with the principles of good faith and the prohibition of abuse of rights, striving for fairness, respect, the preservation of dignity and the protection of economic interests enshrined in our Constitution.