Aspectos econômicos e sociais do desenvolvimento científico e tecnológico brasileiro e o critério jurídico de apropriação do conhecimento humano

• Autor(a) principal: Silva, Thiago de Carvalho e Silva e
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6094
• topic: Inovação tecnológica; Direitos sociais; Direito do trabalho; Conhecimento humano; Technological innovation; Social rights; Labor law; Human knowledge; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Man has always searched answers to the fundamental questions of his existence, in attempt to satiate his innate curiosity, which, in the course of human history, has led to apprehension and accumulation of his knowledge. The man s inventive spirit stems from such curiosity and attempt to dominate the aspects of nature, which provided the evolution of techniques and professions until the moment that was allowed to speak about according to the considerable evolution - scientific and technological development. In this process, the participation of the private sector was crucial, with robust reversal of capital in favor of development, once the technology by itself became an important asset in the globalized scenario. Thus, the protection of professional inventors and innovators has become an urgent pressing against the potential investors of funds applied in the innovation process, balancing the relationship between capital and holder of knowledge (far beyond from the classical relationship capital/labor), through the intervention of the State in compliance of its primary obligation to encourage and promote Brazilian scientific and technological development, as the existing provision in the caput of Article 218 of the Brazilian Federal Constitution of October 5th, 1988 ("CF/88 ). In this perspective, arises the problem of effectiveness of the social right that belongs to man and to all men. The problem about the criterion used for the appropriation of human knowledge in the laws that regulate the matter related to the scientific and technological development in Brazil presents itself bruising, demanding that the relationship between the employer-creator and the employee receives such State interference through public policies to encourage technological innovation that aim the concretion of the social right to share the scientific and technological development provided in favor of the employees in §4th of article 218 of CF/88