Startups : meios de capitalização e instrumentos contratuais de investimento.

Abstract

This paper is dedicated to the study of innovation entrepreneurship, with a focus on startups, the available funding methods, and the investment instruments that govern their negotiations. Given the rise of innovative entrepreneurship and the exponential growth of startups, both globally and in Brazil, an in-depth understanding of their fundamental aspects has become crucial. The general objective of this study is to present and analyze the phenomenon of innovation entrepreneurship; the various capitalization methods that startups can use to establish and consolidate themselves in the market; and the investment instruments that formalize and regulate these financial transactions. The research problem that guided this study sought to answer the following questions: what characterizes innovation entrepreneurship and what is its relationship with the startup universe? What are the available means for these companies to raise capital, and what is the role of contractual investment instruments in this ecosystem - To this end, a deductive research method was employed, starting from a broader analysis of innovation entrepreneurship, the concept and characteristics of startups, and capitalization methods, to subsequently delve into specific investment instruments. The research was conducted through a literature review and analysis of legal doctrine, relevant legislation, scientific articles, and relevant market data. As a result, the study contextualized innovation entrepreneurship in the international and national scenarios and explored the universe of startups, from their conceptualization and the Brazilian ecosystem - analyzing Complementary Law No. 182/2021 - to their life cycle and main funding methods. Subsequently, the contractual investment instruments applicable to startups under the aforementioned law were examined, as were common and vitally important clauses. It was concluded that capitalization is a crucial phase for startups and that an understanding of the legal and economic contours of the various means of investment and contractual instruments is essential for the success and sustainability of these emerging businesses. The body of information gathered seeks to elucidate the topic and offers a panorama that aids in the decision making process for entrepreneurs, investors, and legal professionals.