Enacted in the current year, Law no. 13.243 (PCL 77/20150) emerged to represent a hallmark of the Science, Technology and Innovation, having in mind the significant alterations it has brought into the scope of law no. 10. 973/2004.
Among the advances introduced by the legal provision, we must highlight those brought by a greater stimulus to the partnership between the private initiative with the public universities and the public sectors, with a purpose to fostering the innovation of the Country.
It is also important to take into consideration the stimulus to the innovation through the creation of the Scientific, Technological and Innovation Institution, (short of Brazilian ICT) in addition to the Core of Technological Innovation ( short for NIT) ,
Under Law No.13.243/2016, the ICTs have as an institutional mission or a social/statutory objective (in accordance with the nature of its organization, being entitled to acquire the form of an Agency or of a direct or indirect Public Administrative Entity or a Juridical Entity of the Private Law, a not-for profit Organization, lawfully incorporated under the Brazilian laws), “ the basic or applied research of a scientific or technological nature or the development of new, services or processes” (item V of article 2).
In turn, NIT is characterized as a “structure incorporated by one or more ICTs, with or without an own legal personality ”having as a fundamental objective “the management of the innovation institution policy” (item VI of article 2).
In the above respect, the incorporation of the organisms above illustrated represents a role of a greater participation in the Brazilian State, for fostering the production and for the investments in innovation to the extent that it might support, create, implement and consolidate innovation-producing environments, such as technologic parks, companies´ incubators with the objective of fostering the technological development, in addition to fostering the approach between the private sectors and the ICTs.
We cannot fail to consider instead the significant changes in other legislations, brought by the Legal Hallmark.
The reason is that, with Law 13.243/2016, there will be an elimination of the excess of bureaucracy attached to the bidding system, related to the purchase and import of goods to be used in the scientific and technological research or, else, in innovation projects.
In what concerns the bidding system, Law 13.243/2016 raises hypotheses of dispensing with the bidding for the “purchase or entering into a contract for product for the research and development” (item XXI, of article 4th).
On the other hand, as far as the import of inputs to be used in scientific and technological research is concerned or, else, innovation processes, article 11 of Law 13.243,2016 provides for the priority, simplified treatment and simplified procedures to be observed in import processes and customs clearance of goods, imports reagents, parts and components to be used in such conditions.
The changes stemmed from the Law in debate, have been received rather optimistically by the businessmen and researchers. In the opinion of the President of the Brazilian Society for the Progress of Science (SBPC), Helena Nader: “It is the beginning of a new phase for the research and technological innovation in Brazil. “
We believe that the Legal Hallmark will be able to project Brazil as a protagonist in the innovation and creation of knowledge throughout the world.