INNOVATION IN PUBLIC ADMINISTRATION: BALANCE BETWEEN LEGALITY AND EXPERIMENTATION

Authors

• Karol Elis Kellermann Rohde
• Mayumi Saraiva Tanikado Miguel

Abstract

The development of a concept of innovation by the Brazilian legal system reflects the quest to promote and implement new technologies in public administration. In this sense, the Digital Government Law stands out, which seeks to modernize public services and encourage the use of emerging technologies. From this legislative perspective, this research aims to analyze, based on existing experiences of innovations developed by Ilabs, the feasibility of the exercise of experimentation by the public administration, with the aim of achieving the objectives proposed by the Digital Government Law, guided by the following problem: How to reconcile the promotion of technological innovation in the Brazilian public administration with the need to observe the principle of legality, especially considering the lack of specific regulations for emerging technologies from innovation laboratories? A more flexible and risktolerant approach to innovation is proposed, integrating it into the legal landscape by reevaluating traditional legal principles. In addition, the study addresses the operation of innovation labs in the Brazilian public administration, highlighting their relevance in the legal and normative context. It examines resistance to risk as the main barrier to the development of innovation, contrasting it with the principle of experimentation proposed by the legislation. It is understood that risk aversion in public administration is exacerbated by regulatory complexity and the concept of "Administrative Law of Fear", which suggests excessive accountability for public managers. A legal approach is proposed that balances legality with the need for experimentation and adaptation to change, including the creation of experimental regulatory environments. This would ensure compliance with legal principles, stimulating innovation in the public sector in accordance with constitutional guidelines, without limiting the public administration's ability to explore new possibilities and improve its efficiency.