Análise do marco legal das startups e a segurança jurídica no ecossistema de inovação no Brasil

Abstract

Startups are companies focused on solving large-scale problems, with an emphasis on innovation and social transformation. They are characterized by a youthful, bold spirit aligned with technological transformations. In this context, the present study aimed to analyze the main aspects of the Legal Framework for Startups and Innovative Entrepreneurship (Complementary Law No. 182/2021), with an emphasis on its contribution to legal certainty in the formation and development of startups in Brazil. The research problem consists of verifying whether the Legal Framework, in its final version, was truly capable of meeting the expectations of market players and promoting an ecosystem of innovation and economic development. The specific objectives were: (a) to examine the content of the Legal Framework for Startups and its practical implications regarding legal certainty for investors; (b) to analyze the participation of the public sector in the innovation ecosystem; and (c) to identify the main deficiencies and gaps in the current legislation. The methodology adopted was based on bibliographic and documentary research, using legal works, academic articles, and the analysis of national and foreign legislation. In the first section, the concept of startups and their specificities in the contemporary business environment were addressed, contextualizing the need for a specific regulatory regime that offers security, agility, and incentives for innovation. The study also examined the contractual models provided for in the legislation. Additionally, the role of the public sector as a promoter of innovation was analyzed, highlighting the role of public companies and public administration in building a sustainable innovation ecosystem. Finally, the omissions of the Legal Framework were discussed, especially regarding the lack of robust tax incentives, the absence of clear regulation of mechanisms such as stock options, and the timid integration of the academic sector. In conclusion, the study emphasized the need for continuous legislative improvement, taking successful international experiences as a reference, in order to strengthen the Brazilian regulatory framework aimed at fostering technological and innovative entrepreneurship.