TECHNOLOGICAL DEVELOPMENT AND THE LEGAL INDUCEMENT ACCORDING THE 1988 CONSTITUTION OF BRAZIL

Abstract

The 1988 Constitution of Brazil extols in Art. 219 that the internal market integrates the national patrimony and will be encouraged to provide the technological autonomy of the country. According this constitutional provision and the competences for state intervention on economic domain (Art . 174 CF/88) stands out the inducement as the way to attract the private sectors of economic activity in this endeavor. The theme of innovation, including, the technological ones, requires attention and must be treated at the level of strategic sector for socioeconomic development as proposed by Joseph Schumpeter. In this sense governments have constitutional power under Art. 218 to intervene on behalf of public and private investments in the context of science, research and technological expertises. This duty is based on the achievement of the constitutional purpose of ensuring national development (Art. 3, II). It is the course that Norberto Bobbio denominates encouragement techniques which do not abandon the traditional image of law as protector-repressive system. But, praises the promotional function of the state in its legitimate socioeconomic  developmental assignment, as John Maynard Keynes advocates.