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Issues that impact the software and services business were discussed
 
With the theme “Business environment in IT in Brazil”, ABES (Brazilian Association of Software Companies) held, on August 13, at the Renaissance Hotel, in São Paulo, the ABES Software Conference 2014, which was attended by more than 300 entrepreneurs and IT professionals and was broadcast live over the Internet, to discuss the main issues that impact the software and services business in the country, such as legislation, internet of things, cloud computing and sector performance. 

 
In addition to opening the event, Jorge Sukarie, president of the entity, presented first-hand the study “Brazilian Software and Services Market 2014”, which has just been launched by ABES in partnership with IDC. According to the study, the country occupies the 7th position in the world ranking of the IT market, with investments of US$ 61.6 billion in 2013, a result 15.4% higher than that recorded in 2012. The study also shows that only in software and IT services, US$ 25.1 billion were invested, representing a growth of 10.1% over the previous year. check out on here the complete study.
 
The director also highlighted the entity's performance for the development of the sector, such as the expansion of services and benefits to associates, among them the reformulation of the ABES Portal, legal advice, highlighting that it is one of the most requested services by associates, in addition to issuing certificates, which have already become a reference in the main public bodies in all spheres, and other initiatives.

Sukarie also highlighted the achievement for the sector represented by the MSME Inovadora credit line, with BNDES, launched last month initially in the South Region, which will have an initial credit volume of R$ 300 million. “The difference in relation to other financing is that the release of resources does not depend on a project, it is enough for the company to prove that it is innovative”, he explained. “The interest rate is only 4%, without monetary correction, with a term of up to 120 months and a grace period of up to 48 months”, he added. The new credit line should also be extended to the State of São Paulo in the coming weeks, according to the president of ABES.
 
In Sukarie's presentation, which can be accessed on here there are also the entity's proposals to strengthen the Brazilian IT sector, available at special matter of this Portal.

Anti-Corruption Law
 
Sanctioned in August of last year and in force since January 2014, the Anti-Corruption Law was addressed by lawyer Ordélio Azevedo Sette, from Azevedo Sette Advogados, who was the first speaker of the day. The jurist clarified the obligations of companies with the new law, which, although still awaiting regulation, is already in effect and provides for heavy sanctions for companies. “This is the first time that we have what I can call the 'death penalty' for legal entities, as a company can even be closed, as a more serious punishment”, he warned, noting that, from now on, companies have strict liability in relations with public authorities.
 
Sette also raised the issue of negative proof: “The businessman has to prove his innocence. In addition, the company is responsible for the acts that the agents – other people and organizations – who act for it”. Another point addressed in his presentation, which can be accessed on here, refers to inspection: “Its application is diffuse, since any representative of the public power, in theory, can apply it, even making jurisprudence difficult”. In this sense, it is essential that the company that does business with the government has control mechanisms in place. “The existence of an active compliance program works as a mitigating factor for sanctions”, he concluded.

 
Laws in progress

The legal director of ABES, Manoel Antônio dos Santos, commented on the legislative reforms that could impact the software and services sector, in a broad panorama of the legal aspect. One of the analyzes was directed to the Bill No. 4,330, of 2004, which deals with outsourcing contracts and the labor relations arising from them. If approved, disputes about the outsourcing of the company's main activity will be removed.
 
On the other hand, Bill No. 2,269, of 1999, which deals with the preference for free software in government purchases, according to Santos, could generate many conflicts, creating obstacles to the adoption of proprietary software, even if the solution is the most appropriate for the contracting party. . “The public agency must have the freedom to acquire the program that has the best performance, costs, technical support and security. These are more relevant characteristics than whether it is free or proprietary software”, he pointed out.
 
For the legal director, the recently approved Complementary Law No. 147, of August 7, 2014, called SuperSimples, does not bring benefits to the sector: “The presumed profit, in most cases, continues to be more advantageous for IT than the adoption of Simples”, referring to the framework of the activity and the table applied to it, according to the new law.
 
The jurist also discussed ABES' position in relation to Supplementary Law Project 386, of 2012, which amends Complementary Law 116, of 2003 (ISS Law), which provides for a minimum rate of 2% on services of any nature. In the presentation, available on here, are related to the entity's proposals. 

Businesses and eSocial
 
Glauco Marchezin, specialist in Labor and Social Security Law at Sage IOB, presented all the aspects, deadlines and obligations of companies from the adoption of eSocial, which, according to him, still depends on the publication of manual 1.2 to start the development phase of tools. With eSocial, labor and social security obligations become part of SPED – Public Digital Bookkeeping System and simplify existing procedures.
 
It is expected that the implementation tests in the companies will last six months and, later, another six months of tests and adjustments to later be adopted. “It is important that companies carry out the training of personnel who will use the tool, with guidelines regarding legislation and deadlines for transmitting information, so as not to generate fines. We also indicate the existence of an internal auditor to check the data and ensure their correctness”, he explained.
 
Marchezin highlighted the positive aspect for the sector: “Certainly eSocial will generate many businesses for the IT area”. access on here the expert presentation.
 
 
The challenges of cloud computing
 
Lauro de Lauro, CEO of Dualtec, addressed the topic “Is your product ready for the cloud?”. With solid experience in Cloud Computing, Lauro analyzed that infrastructure-as-a-service (IaaS) offerings are rapidly evolving with strong players and new orchestration platforms being launched, but the maturity of the applications is still the main problem for the full use of the cloud resources. “SaaS is not just knowing how the application behaves, but mainly understanding the business requirements. Migrating your product to SaaS is more complex for you and makes everything simpler for your customer.”
 
In a very didactic presentation and with several guidelines for entrepreneurs, the executive explained in detail the eight challenges that a company has in front of it to prepare its product for the cloud. And he predicted: "In the next few years, most software products will become a service." Check the presentation on here.

Internet of Things
 
The ABES Software Conference also had the participation of João Neves dos Santos, member and founder of the Brazilian IoT Forum, who spoke about the definitions and world movements focused on the Internet of Things. He emphasized the new necessary infrastructure of the conventional Internet to connect with objects, ensuring communication between the real and virtual world, and presented cases, opportunities and challenges for the area of software and services. “In the European Community, for more than a decade, the IoT has been included in the research strategy and there are several ongoing projects that bring together researchers from different countries”, he informed. In Brazil, the speaker mentioned smart cities projects underway in municipalities of São Paulo: Aparecida do Norte, Águas de São Pedro and São José dos Campos. “IoT cannot be treated only as a technology, as it involves a set of converging technologies and a multi and interdisciplinary research work”, pondered Neves. access on here the presentation.

  The third wave of the Internet
 
Gérson Schmitt, CEO of Clicbusiness Software, spoke on the theme “The third wave of the internet”. Schmitt, who also chairs the ABES Deliberative Council, described the so-called first wave, in which the Internet appeared as a new communication infrastructure, followed by the second wave, in which it became a channel for offering products, services and access. of information, and the current moment, the third wave, in which the Internet user is in charge of personalized services.
 
According to him, the maturity of the experience and the growth in the number of people connected enabled the emergence of new technologies for social and business networks and the evolution of applications for mobile devices. “This started a new movement that puts users as the driving force of a new model of internet usage: mass personalization dominated by the force of demand. The third wave is not technological. This is a phase in which more experienced and selective users will define what will survive in the business world”, he observed. see more on here.

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