Novo marco legal da inovação, Lei nº 13.243/16: fundamentos para regulação da atuação de docentes em dedicação exclusiva do IFPR junto à iniciativa privada

Abstract

The (late) entry of the Brazilian State into the knowledge economy demanded Constitutional amendments, made by Constitutional Amendment No. 85/15, altering and inserting provisions to update the treatment of science, technology and innovation activities, to which Law No. 13,243 / 16, which has come to be called the New Legal Framework for Innovation for changing, among others, the Innovation Law, which has been in force since 2004, to update science, technology and innovation. The law of innovation devises means to broaden the interaction between the public and private sectors, under the premise that national development depends on the generation of knowledge and the capacity to transform them into innovations. Among the dispositions for such an attempt is the possibility of public researchers belonging to the teaching staff of Federal Institutions of Education in Exclusive Dedication, to begin to develop researches in institutions, public or private, including with financial stimuli. Decree no. 9.283 / 18, edited by the Executive Power for faithful compliance with the law, gave a superficial form to the form of public-private interaction in relation to the public researcher, as outlined in article 14-A, inserted in the innovation law by New Legal Framework, which came enclose in indeterminate legal concepts, whose legislative technique aims to reserve to the manager himself the extraction of the standard when applying it to concrete cases. It turns out that the gap to be filled by the interpreter applied by the law has proved to be very "gray", to the point of causing controversy before the control bodies. This fact, which becomes more frequent the less objectivity of the legal and regulatory text, inevitably becomes a source of fear for many managers in charge of deciding, for fear of criminal and / or administrative accountability for possible misunderstandings of interpretation. This phenomenon was called the "administrative law of fear", a source of immobility, which was the main cause of the crisis of state inefficiency. In this reality, the present work aimed to provide a safe legal basis, capable of subsidizing the elaboration of a suitable instrument to enable the approximation between the public and productive sectors for the possibility of teachers of Federal Teaching Institutions being able to work with private companies, as authorizes art . 14-A, inserted in the Law of Innovation by the New Framework. In order to do so, the bibliographical research was adequate in order to approximate the object of study, mainly through bibliographical sources, specially arranged in legal and jurisprudential texts, in addition to consultations with referended authors, outlining a research exploratory-descriptive. A question of binary return (yes or no) was directed to certain Federal Institutes of Education of the country, in a cut of pesquia, as a way to verify the existence of internal regulation to which the art. 14-A of the Law under analysis, combined with art. 21 of the Career Plan of the Federal Public Magisterium, which was revealed to be nonexistent or outdated in nine of the thirteen institutions responding. As a conclusion, all legislation was compiled, following a broad approach on the subject of patents as a result of the research carried out by the Academy, as well as clarifying the theory of indeterminate legal concepts, very present in the New Legal Framework for Innovation, which this opens spaces for the recent phenomenon called Administrative Law of Fear. In this vein, it reached the legal bases able to subsidize the elaboration of the internal regulation referred to in art. 14-A above, proposing a flowchart to direct the actions that occur to the various stakeholders in the procedure.