Compras públicas para inovação e o desenvolvimentoum diagnóstico jurídico-institucional das encomendas tecnológicas no Brasil

Resumo

This research aimed to understand the relationship between the legal-institutional environment and the use of public policies to foster innovation on by “demand”, understood as tools for development, in a perspective of solving social problems. A case study of the institute of public procurement for innovation was carried out, created by the art. 20 of Law 10,973/2004, considering the hiring of the federal public administration from 2010 to 2018, to understand the successes and failures linked to the specific legal discipline, its relationship with external factors and its application as a public policy. We sought to extract broader lessons, both on the encouragement of innovation by the State and its role in development, and on the constitutive character of the Law in relation to these innovations. The research covered the literature (of law and development, direct and innovation and administrative law) and the collection and analysis of empirical material (public manifestations of relevant actors, processes and contracts carried out), resulting in a legal-institutional diagnosis regarding the specific public procurement for innovation cited. Analyzing their practice in the period, and specifically the respective contracts, it was found that there is little use of the institute, either as an incentive to the economy or in the solution of social problems. There are also operational problems and legal uncertainty. This seems to derive from not having established general or social missions and objectives for them. Finally, the work suggests that the system incorporates debates on such missions and objectives, especially social ones, as a way to overcome the difficulties and unrealized potential of the case.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/30779

Temas

EconomiaGestão PúblicaPolíticas PúblicasAdministração PúblicaCompras PúblicasTecnologia

Palavras-chave

Public procurement for innovationInnovationLaw and developmentPublic lawEconomic lawEncomendas tecnológicasInovaçãoDireito e desenvolvimentoDireito econômicoDireito administrativoDireitoCompras (Serviço público)Inovações tecnológicas - Política governamentalTecnologia e EstadoDireito e economia