O que há de errado no dumping? O chamado dumping social como violação de princípios de justiça não comparativa

Abstract

The objective of this paper is to analyze Joel Feinberg's theory of non-comparative justice and its applicability to the so-called social dumping. We will seek to comprehend what is dumping, how it is identified and what implies its occurrence in the process of buying and selling products on the international market. We will examine the cases in which dumping is considered damnable and relatable to an unfair trade practice. In this course, we will demonstrate how this practice can influence free initiative and free competition, and its association with the search for a monopoly of particular product exportation, as well as deal with the existence of antidumping actions or measures aimed at curbing unfair practices on a national and international level. The main objective of this work, however, is to study the modality of dumping known as social dumping, showing how the practice is identified, presenting concrete cases that had repercussion in the media, to then resort to the theory of justice of Joel Feinberg exposed in the article Noncomparative Justice, of 1974. The objective will be to show that social dumping is unfair on grounds other than that which makes the other dumping arrangements unfair. The central methodological strategy of the present study is basically theoretical, through literature review around the theme and the problem that we are trying to solve. As a result of the study, we intend to clarify what is wrong with dumping, its economic and social modalities. We will show how practice violates principles of equality, justice and dignity of the human being, studying whether the injustice presented in both is the same. We will argue that in cases of social dumping, injustice results from a violation of principles of non-comparative justice.