O dever do estado brasileiro usar as licitações e as contratações públicas para a promoção da ciência, tecnologia e inovação nacional

Identificador:  TDX:3838

Handle: https://hdl.handle.net/20.500.11797/TDX3838

Autors:  Elias Reis, Luciano

Resum:
The thesis investigated the possibility for the Brazilian state to use public tenders and contracts as instruments to direct and promote national science, technology and innovation. The general objective was to defend state intervention via induction and regulation in the strict sense, regardless of the rise in the supposed financial cost to be borne by the bodies and entities of the Public Administration, since national and regional development, as well as national technological autonomy, imposes a strategic vision of the adjustments and a reconfiguration of the theory usually adopted to understand the cost of public procurement and its advantages. Thus, the work specifically aimed at: the definition of state regulation in the economic domain and its various forms; the necessary framework for public procurement as a public policy; the examination of the relevance of national science, technology and innovation in terms of Brazilian law and its correlation with public procurement as instruments for its achievement; the absence of obstacles to the use of this type of intervention in view of the bilateral and multilateral agreements signed by Brazil; and the proposal of objective criteria so that the normative imposition of differentiating criteria is feasible for the main purpose of this work. The study adopted the deductive method and was carried out based on extensive bibliographic and normative research, considering the reality of Brazil and Spain. The use of the lessons of Joseph Schumpeter's creative destruction and the current focus, including on the benefits or not of the free trade agreement between MERCOSUR and the European Union, which was reported in June 2019, also served as a support to confirm the thesis of that the Brazilian state has a duty to regulate in favor of science, technology and national innovation by favoring companies that invest in the country.