“Situação particular de mercado” e “condições especiais de mercado” na defesa comercialaspectos práticos e dogmáticos nas esferas multilateral e nacional

Resumo

This paper explores the concept of “particular market situation” (PMS) in the WTO Antidumping Agreement and “special market conditions” (CEM) in the Brazilian Anti-Dumping Decree, analyzing the theory behind the institute, as well as its application. To this end, the methodology for calculating normal value in anti-dumping investigations was presented, and the exceptional hypothesis of CEM was introduced, in light of the concept of PMS, which justifies the reconstruction of the normal value, even in a country with a market economy. This research sought to review specific disputes brought before the Dispute Settlement Body (DSB) of the World Trade Organization (WTO), as well as cases examined by the Department of Trade Defense (DECOM) in which this discussion was featured. The relevance of the topic is justified by the potential expansion of the use of this institute in antidumping investigations, as a result of growing instances of state intervention in the economy of several countries, as a reaction to the effects of the fragmentation of global trade flows and value chains, reflecting the current geoeconomic scenario.

Ficha do documento

Tipo

Outro

Ano

2026

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/39041

Palavras-chave

Defesa comercialValor normalSituação particular de mercado (PMS)Condições especiais de mercado (CEM)Organização Mundial do Comércio (OMC)Departamento de Defesa Comercial (DECOM)AntidumpingTrade defenseNormal valueParticular market situation (PMS)Special market conditions (CEM)World Trade Organization (WTO)Department of Trade Defense (DECOM)Direito