The Blue Book, already mentioned, is to this date the most relevant summary view
of the policy framework for science, technology and innovation in Brazil, but there
is not an outstanding emphasis on ICT. A more detailed understanding of national
policies in this area results from the reading of reports published by individual
institutions such as the “Renato Archer Information Technology Center”, one of the
software, applications and participation in research networks. They compose a wide
range of expertise in areas such as design of electronic circuits, new materials for
education, social inclusion, medicine, robotics, photovoltaic energy, software
qualification, security information and management. Most of them are conducted in
The legal framework for ICT development in Brazil has evolved slowly and is still
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main concerns in different business sectors, especially in the telecom arena after
the creation of a broadband supply company on the remnants of a dormant public
concession in the final year of the Lula government.
Software and digital content piracy are also important sources of concern for
private companies. In 2009 there were 662 police operations in Brazil that resulted
in the seizure of 1,1 million counterfeit CDs. According to the Business Software
Alliance (BSA), in 2010 there were 5,700 complaints relating to companies that had
non-certified software, leading to 10,900 notifications (251% higher than in 2008).
As a matter of fact, the major legal issue in Brazil with direct impact on ICT for
development relates to copyright, patents and other areas of intellectual property.
Brazilian copyright law is defined by the Penal Code of 1940—recently altered in its
copyright-related matter by Lei 10.695/03—by the main copyright statute (Lei
9.610/98), and by Brazil’s “Software Law” (Lei 9.609/98).
Together, these laws form the current body of Brazilian copyright legislation. All
provide
for some copyright limitations, even the Penal Code of 1940. Until recently,
file sharing received little attention in Brazil from the domestic or international
content industries. Although RIAA and MPAA’s legal actions against file sharing in
other countries do get coverage in Brazilian media, Brazilian nationals involved in
file sharing faced no opposition. In 2006, however, the International Federation of
the Phonographic Industry (IFPI) revealed that it would work with the Brazilian
Association of Record Producers—Associação Brasileira dos Produtoras de Discos
(ABPD)—to extend RIAA’s litigation campaign into Brazil (Araújo 2006). According
to IFPI’s press release, Brazil is now among “17 countries” where “a total of more
than 13,000 legal actions” have taken place.
Moreover, in January, 2011, the Brazilian Public Software Normative Instruction 01
was published by the Minisry of Planning, Budget and Management
2
. This is
expected to induce the adoption of open source software by the federal
administration. A portal for the dissemination of open public software has also been
implemented (
http://www.softwarepublico.gov.br/
) and is publicized by the
government as the first of its kind in the world, soon to be adopted by Paraguay.
This project was announced at the International Free Software Forum in 2007 and
has the support of the United Nations Development Program (PNUD) in association
to the Latin American Management for Development Center (CLAD)
3
. The Ministry
of Planning has also
been the birthplace of the new, State-led broadband policy and
its former Minister, Paulo Bernardo, was appointed in 2011 as the Minister of
Communications, so as to enforce the implementation of a public broadband policy
as well as to review public policies in the area of broadcasting, a key area that up
to the Lula government has never been controlled by the Worker’s Party. It is also
worth mentioning that this open source public software initiative has received very
little attention in the Brazilian media, which is broadly against the increased State
intervention in telecommunications, broadband and broadcasting policies by the
Dilma Roussef team.
Another major source of emerging ICT policies for development in Brazil is the
preparation of the country for the 2014 Soccer Cup and the 2016 Olympic Games.
The National SMEs Agency (SEBRAE) published an “Opportunity Map” on this issue
in March, 2011, pointing to 448 business opportunities in ICT markets which are
directly related to these international events.
2
Available at:
http://www.mct.gov.br/index.php/content/view/328390.html
3
See
http://www.softwarepublico.gov.br/spb/download/file/clad.pdf
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Construction, information technology, tourism and tourism-related production
(food, handicrafts, among others) are the four economic sectors that offer most of
the business opportunities for small enterprises (448 in the 12 host cities for World
Cup 2014), according to this “Map”, commissioned to the Getulio Vargas Foundation
(FGV). There will be opportunities for small business ventures before, during and
after the sporting event. Business repair and maintenance of communication
equipment, Internet companies and IT infrastructure stand out among the
promising sectors. These opportunities include government purchases (with the
guarantees provided in the General Law of Micro and Small Enterprises) as well as
businesses directly captured in the market. The “SEBRAE in the Cup” program is to
channel R$ 79.3 million into these areas (105 of the 448 opportunities are deemed
to be technological, especially in the ICT setors).