Public procurement for innovation

a comparative analysis of brazilian and portuguese legal frameworks

Abstract

The article investigates the integration of Brazilian and Portuguese legal frameworks aimed at fostering innovation in public procurement. To this end, it adopts a qualitative and comparative approach, grounded in a bibliographic review of recent legislation, examining the respective normative frameworks side by side and acknowledging the particularities that characterize each legal system. In the Brazilian case, the analysis focuses on Complementary Law No. 182/21, Law No. 14.129/21, and Law No. 14.133/21; in the Portuguese context, the study encompasses Directive 2014/24/EU and the Public Contracts Code. Without engaging in the debate on the scientific status of Comparative Law, the study employs it solely as a methodological tool for normative contrast. The analysis demonstrated that the Public Contract for Innovative Solutions (CPSI), currently in force in Brazil, allows for remunerated testing without the obligation of acquisition, thereby granting greater flexibility to public managers. In Portugal, the Partnership for Innovation (PPI) requires the mandatory acquisition of the developed solutions, ensuring predictability for suppliers but reducing contractual adaptability. Preliminary results indicate challenges in the implementation of both models, including resistance from public managers and limited adherence by private actors. The comparison between the normative frameworks reveals that, while the CPSI favors experimentation, the PPI seeks to mitigate risks through a more rigid contractual commitment. The consolidation of these instruments depends on overcoming operational barriers and advancing the regulatory environment, with the aim of enhancing their impact on the modernization of public procurement.