The Federal Official Gazette published on January 12, 2016 the Legal Framework of Science, Technology and Innovation - Law 13,243/ 16, which provides for incentives to scientific development, research, scientific and technological capacity and innovation. The Legal Framework regulates Constitutional Amendment 85 and is part of a package of measures presented by the Senate to boost the country′s growth.
One of the main innovations in the new law is the introduction of the concept of intellectual capital as an asset to be the object of cooperation between companies and public agencies, regulating long-term partnerships between the public and private sectors and bringing greater flexibility of operation to scientific, technology and innovation institutions ("ICT") and their support entities.
An important novelty was the amendment of Law 8,666/93 to establish a waiver for bidding procedures regarding the procurement of goods and services for research and development activities. In addition, the law provides for the possibilities of using the Differentiated Regime of Public Procurement ("RDC") for actions in organs and entities dedicated to science, technology and innovation and of a simplified regime, with its own rules for acquisitions in these areas, established by governors and mayors.
According to the new law, researchers in regime of exclusive dedication to public institutions are now allowed to exercise remunerated activities in private companies. Likewise, professors of federal educational institutions may now exercise top leadership positions in foundations that support innovation, even receiving additional compensation.
Another important topic in the new law is the priority and simplified customs treatment for equipment, products and inputs to be used in research. The legal text also provides for the possibility of granting temporary visas to researchers under contract or in service of the Brazilian government, as well as the beneficiary of research fellowships granted by a development agency.
The law also establishes standardized and simplified accountability of funds allocated to innovation and allows scientific institutions to authorize other institutions, private companies and even individuals to use their goods, facilities and intellectual capital.
Among the topics passed in the Congress, but vetoed by the President, we highlight the exemption of collecting social security taxes on research grants and purchase of products; and the waiver of competitive bidding by the public administration when hiring companies with annual revenues of up to R$ 90 million to provide services or supply goods made with systematic application of scientific and technological know-how.
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