Proposta de constituição do Núcleo de Inovação Tecnológica (NIT) do Instituto Federal da Bahia (IFBA) com personalidade jurídica própria à luz do novo marco legal

Abstract

With the advent of Law 10.973/04 - Innovation Law, the figure of the Technological Innovation Centers (TIC) was created within the framework of the Science and Technology Institutions (STIs), which now have the obligation to institute it. Conceived as an intermediary between the public and private sector, TIC has the primary and legal function of managing the innovation policy of its respective institution. Over the years, after the creation and structuring of TICs with the validity of the Innovation Law, it was observed the existence of limiters in the achievement and efficient performance of the legal attributions of the Nucleus, especially of those institutionally subordinated to public STI, being pointed out such as lack of managerial autonomy, financial-budgetary resources and human resources. Faced with these weaknesses and obstacles, the legal possibility of the Technological Innovation Centers (TICs) assumed their own legal personality as a private and non-profit legal entity based on the provisions of Law n ° 13.243/2016-new Legal Framework of S,T&I. Therefore, the present work sought to indicate the viability of the constitution of the TIC of the IFBA, currently called the Departamento de Inovação (DINOV), in this new format. In this sense, a qualitative-quantitative research was carried out, which includes documentary and bibliographical research and field research through the application of a questionnaire to researchers, inventors and managers of federal institutes in the northeast region, which, like the IFBA, have Innovation Pole. The study resulted in the identification of legal configurations or qualifications foreseen in the Brazilian legislation and in the indication of the favorable and unfavorable aspects of each legal format. International experiences of innovation management institutions with legal autonomy were also observed, especially Cambridge Enterprise and Yissum, as well as the national example of innovation habitats: technological parks with varied legal configurations. Finally, it was evidenced that the field research supports the proposition of structuring NIT as a private non-profit entity and, from this perspective, it is concluded, among other observations and recommendations in the paper, that the most adequate legal formats are those that are consistent with their legal purposes and the purposes of the NIT set out in the Innovation Law.