Indústria de Defesa: as estruturas contratuais no direito administrativo brasileiro e os seus impactos no desenvolvimento de produtos estratégicos de defesa

Abstract

This monograph deals with the defense industries, in order to verify to what extent types of contracts provided for in Brazilian administrative law allow the development of Strategic Defense Products. The methodology involved bibliographical and documental research, in order to get theoretical references, in addition to the author's experience as a Colonel in the Brazilian Air Force, with more than eight years of experience in drafting administrative contracts. The field of study was limited to contracts for the development of Strategic Defense Products, concluded by the Brazilian Air Force. It discusses types of contracts adopted by the United States Government and which of these types are allowed in Brazilian administrative law. Later, it deals with the concept of Technology Readiness Level. It also talks about Incomplete Contracts Theory and analyzes how this theory behaves under the principle of strict legality. It continues with an analysis of the current scenario of the contracts of the development of Strategic Defense Products. Finally, it presents a proposal for new process of contracting the development of these products. The main topics are: Defense Industry, development of Defense Strategic Products, types of contract, Technology Readiness Level, Incomplete Contracts Theory and Innovation Law. The conclusion indicates that the types of contracts currently adopted in our administrative law make it difficult to qualify Defense Industries to achieve autonomy in technologies essential to the defense of the country, and that incomplete contractual structures are legally possible and best suited to the needs of the Defense Industries committed in the development of Strategic Defense Products.