A new agenda for antitrust: human rights violations as anti-competitive conduct.

This article examines the intersection of human rights violations and antitrust law enforcement within the Brazilian legal framework, arguing that the Administrative Council for Economic Defence (CADE) has the authority to address human rights abuses when they result in anti-competitive conduct. It proposes a systematic interpretation of Brazil's 1988 Federal Constitution and the 2011 Brazilian Competition Act (Law no. 12,529/2011) to demonstrate that human rights violations by companies can create unfair competitive advantages, thus falling under CADE's jurisdiction. The study discusses both indirect and direct ways antitrust enforcement can protect human rights, highlighting theories of harm such as abuse of bargaining power and unfair methods of competition. It also reviews relevant international and Brazilian case law supporting corporate liability for human rights violations and calls for a broader, polycentric approach to competition law that integrates human rights considerations as fundamental constitutional principles.