THE LEGAL REGIME OF TECHNOLOGY TRANSFER IN PUBLIC CONTRACTS: TECHNOLOGICAL SOVEREIGNTY, PUBLIC SERVICE CONTINUITY AND THE VENDOR LOCK-IN PHENOMENON IN INDIRECT PUBLIC ADMINISTRATION

Abstract

This article analyzes the legal regime of technology transfer in public contracts concluded by indirect public administration, with specific focus on the vendor lock-in phenomenon. The research seeks to understand how Brazilian law protects public assets and the continuity of essential services in the face of technological dependency generated by software development and data infrastructure contracts. Using the deductive method and qualitative approach, with normative and bibliographic analysis, the study examines the Innovation Act (Law No. 10,973/2004), the New Public Procurement and Administrative Contracts Act (Law No. 14,133/2021), the Software Act (Law No. 9,609/1998) and the General Data Protection Act (Law No. 13,709/2018). It is argued that comprehensive technology transfer — encompassing source code, technical documentation, and guarantee of functional continuity without additional burden — constitutes a requirement derived from the principles of public service continuity, administrative efficiency, and technological sovereignty. It is concluded that poorly drafted contractual clauses can generate perpetual financial dependency, violating constitutional principles and compromising state autonomy.