A lei de acesso à informação: uma breve análise à luz do princípio da transparência
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Date
2020-12-11
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Universidade Católica do Salvador
Abstract
This article starts from the research question: Does the Access to Information Law comply with the principle of transparency ensured by the Federal Constitution? It seeks, as a general objective, to analyze whether the Access to Information Law meets the principle of transparency ensured by the Magna Carta in order to understand its importance in the application to the acts of Public Administration and its contribution to the construction of the Democratic State of Law. To this end, the specific objectives are to describe the constitutional principle of transparency in the light of the construction of Brazil as a democratic state of law
in 1988; as well as discussing the application of the Access to Information Law based on data from the ONG Transparência Brasil. As methodology, bibliographic review, analysis of documents (applicable legislation, court decisions and report by the ONG Transparência Brasil) and data analysis (represented by illustrations of graphs, tables and comparative table) are used. The results show that LAI ensures the material right of transparency in the normative instrument, but it is not properly applied by public authorities, even showing its ineffectiveness in recent years in relation to previous years, highlighting the need for greater supervision and fostering the culture of transparency in the country.
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Keywords
Lei de acesso à informação, Princípio da transparência, Estado democrático de direito, Políticas informacionais, Direitos fundamentais, Law of access to information, Principle of transparency, Democratic rule of law, Informational policies, Fundamental rights