Executive summary

AutorGregory Michener - Luiz Fernando Marrey Moncau - Rafael Velasco.
Ocupação do AutorAssociate Professor, Ebape/Fgv Director, Program for Public Transparency - Manager Center for Technology and Society (Centro de Tecnologia e Sociedade), Fgv Direito Rio - Program Coordinator Program for Public Transparency, Fgv
Páginas13-18
In 2011, Brazil became the 13th country in Latin America and 91st in the world to
grant its citizens specific mechanisms to guarantee the right to public information. Law
12.527, Brazil’s new Freedom of Information (FOI) law went into effect in May 20121.
It regulates several provisions in the federal Constitution, including section XXXIII of
Article 5 and Article 37 section II §3. The FOI law applies to all branches and levels of
government, including state owned companies and banks, among other entities.
Research Questions
Are Brazilian public institutions complying with the Freedom of Information Law?
What does the level of Compliance tell us about the need for greater commit-
ments, reforms and better practices?
Freedom of information is a fundamental right and recognized as ‘the oxy-
gen of democracy’2. Likewise, government transparency helps professionalize the
public administration and consolidate a rule of law based on accountability and
democratic openness.
Despite the importance of transparency, compliance with transparency statutes
is extremely onerous in political terms. Within this context, this study assesses the
degree of compliance with freedom of information in Brazil, examining commitments
to passive transparency – responses to requests for information. Additionally, the re-
search evaluates the procedures that citizens must follow in requesting information.
For an entire year, the Public Transparency Program (PTP) at the Getulio Var-
gas Foundation’s Brazilian School of Public and Business Administration (EBAPE)3
1 In Portuguese the law is known as ‘Lei de Acesso à Informação’ or LAI.
2 Phrase from the non-governmental organization Article 19.
3 Programa de Transparência Pública, Escola Brasileira de Administração Pública e de Empresas.
EXECUTIVE SUMMARY

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