A política pública de incentivo ao setor de informática no Brasil a partir da década de 90: uma análise jurídica / The Brazilian informatics policy since the 90s: a legal analysis

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The main purpose of this essay is to critically analyze under a legal perspective the Brazilian informatics policy adopted during the nineties. The strategy may be described as using the Informatics Law (Law no 8.248/91 and latter amendments), its rules and incentives as the central object of analysis and as a guidance to understand the industry and the public policy. The question to be answered herein is what role may be ascribed to Law in an industry targeted public policy aimed at promoting the development of an industry of great importance in todays economy and with high technological dynamics such as the informatics industry. The first part reviews the economic literature on industrial policy and State intervention in the economy, in order to establish the theoretical grounds of the empirical study. In the two subsequent chapters there is a historical analysis of the former informatics policy (the market reserve) in the seventies and the eighties, and of the new policy established with the Informatics Law in the nineties, arguing why a policy initially thought to last up to 1997 was renewed twice already, with a current deadline in 2019. It is also presented a research on the three most important legal instruments of the new policy (the Basic Productive Plan, the investments required on research and development and the industry specific fund CT-Info), including a study of the rationale intended to correct the identified problems, and how the Law and legal arrangements fit and were used within such rationalities. Finally, the main theses defended along the essay are jointly reviewed, thus answering the question regarding the role of Law in three different ways: (i) as an element that, once approved as legal provision, exerts influence on the further evolution of the public policy in question; (ii) as an industrial policy legal instrument used within the Informatics Law; and (iii) as a fundamental explanatory element to comprehend the constitution and development of the Brazilian informatics market itself.

ASSUNTO(S)

public policy informatics políticas públicas economic regulation tax exemptions reserva de mercado informática jurídica política industrial industrial policy política de informática incentivo fiscal

ACESSO AO ARTIGO

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