It was signed on February 7th, 2018, by President Michel Temer, the Decree Nº 9.283, which changed several laws that make up the Legal Framework of the Science, Technology and Innovation in Brazil. The decree brings a series of innovations for the R&DI sector, with a relevant impact for the entrepreneurship and innovation sector.
The decree disciplines various types of public-private partnerships for the development of innovative technologies. The R&D Institutions are legally obligated to invest some of their revenue in research and development projects, but faced for many years a number of difficulties in practice because the format of many partnerships with StartUps was not clearly defined in the law, causing juridical uncertainty about direct investments in these companies.
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Another interesting innovation is the updating and expansion of the different innovation promotion mechanisms, such as the technological bonus, which allows universities to share their research infrastructure (labs) with companies or the technological solutions, which allows the government to order from universities, including in a consortium with companies, of technological solutions for the needs of the public administration, solutions that can later be acquired by the government with exemption from bidding.
The decree also includes the simplification of purchasing processes of inputs for research and development activities, especially in cases of international inputs that need to be imported, a well-known problem of the country’s researchers (Law 8,666). Imports for this purpose shall be exempt from controls prior to customs clearance.
The public administration may grant to the public researcher, who is not in probationary stage, unpaid leave of absence to constitute, individually or in association, a company for the purpose of developing entrepreneurial activities related to innovation. This unpaid leave of absence will occur for a period of up to three consecutive years, renewable for an equal period.
The Technologic Transfer Office (TTO) of the Science and Research Institution may be formally constituted with its own legal personality, as a non-profit private entity, including as a form of support foundation.
The Decree 9283/18 regulates Law No. 10,973, of December 2, 2004, Law No. 13,243, dated January 11, 2016, art. 24, § 3, and art. 32, paragraph 7, of Law 8,666, dated June 21, 1993, art. 1 of Law 8,010, of March 29, 1990, and art. 2, caput, item I, letter “g”, of Law No. 8,032, of April 12, 1990, and amending Decree No. 6,759, of February 5, 2009, to establish measures to encourage innovation and scientific research and technological development in the productive environment, with a view to technological training, to reach the technological autonomy and to the development of the national and regional productive system.