The objective of this thesis is to analyze the relationship between the theory of responsive regulation and the practice of technological, industrial and commercial compensation agreements from 2012 to 2022 in Brazil. 

Compensations are businesses agreed between contracting parties as a condition for the importation of goods or services, usually large-scale purchases. The importing State seeks to mitigate the imbalance of its trade balance by negotiating with the contracted company the generation of technological, industrial or commercial benefits, in order to compensate the large expenditure, generating a flow of capital, goods or services in the opposite direction to that of the main contract. Compensations are also known as offsets and have become an important tool in international trade, which has allowed greater versatility to public procurement and obtaining benefits for the importing State, including the development of sectors whose access would be impeded if it were not for the compensations.

The 2021 Technological, Industrial and Commercial Defense Compensation Policy (“PComTIC Defesa”) is the only compensation policy in force in Brazil nowadays. Each of the Armed Forces also has internal rules consistent with “PComTIC Defesa”, in addition to having their own structure and methodology for concluding and managing these agreements.

In the search for the dogmatic structuring of a legal instrument of such strategic importance, it is observed that the review of offsets is often restricted to macroeconomic aspects or contractual formalities, without scrutinizing its potential to achieve national objectives. This study analyzes compensation as an element of the State´s role in promoting the development of strategic sectors, seeking to understand whether regulatory alternatives favor the realization of the benefits within the scope of large imports carried out by public agencies, with responsive regulation as a conceptual anchorage. This research inaugurates the analysis of the regulatory model applicable to offsets in Brazil, revealing the interaction between regulators and regulated in this relevant scenario of public procurement.