"The regulation of technological, industrial and commercial offsets: offsets in Brazilian Army from the perspective of responsive regulation theory".
Regulation, responsive regulation theory, offset
The scope of this study is to analyze the regulation of technological, industrial and commercial offsets, seeking to understand whether and how the offsets carried out by the Brazilian Army between 2012 and 2022 entered the paradigm of responsive regulation. Offset is a business between contracting parties as a condition for carrying out imports of goods or services, usually on a large scale. This thesis addresses the concepts related to regulation, regulatory law and the regulatory state, examining offset agreements from the perspective of the theory of responsive regulation and its variants, with emphasis on the use of pyramids. Offsets are investigated across a broad spectrum in order to understand the goals that can be achieved with their implementation. In addition to the Brazilian regulatory framework, offset contracts in a broad sense and their different phases are examined. The initial analysis relied on bibliographical and documentary research, including restricted access contracts in progress in the Army. The thesis innovates by analyzing these contracts as hybrid legal-contractual institutes. In addition, empirical research was carried out with professionals who worked in the regulation of Army offsets, through unstructured interviews. In the end, a practical analysis of the regulation of offsets in the Army is made, from the perspective of the responsive regulation theory, with emphasis on the strategic program SISFRON: integrated border monitoring system. Within the scope of this program, the most expressive offset agreements of the Army were signed in the period from 2012 to 2022. The study responds to one of the most provocative problems of responsiveness, allowing to visualize, through unprecedented regulatory pyramids and diamonds, a particular reality of a regulatory flow, in which the actors contribute, each in their own way, to regulatory effectiveness. The innovative framework presented indicates the overcoming of the simplistic antagonism that drove the pioneers of responsive regulation, by delving into the practice of a complex cross-sectoral instrument that claims a refined regulatory solution.