scholarly journals A Lei de Acesso à Informação e a tutela de improbidade administrativa

2018 ◽  
Vol 1 (38) ◽  
Author(s):  
Arianne Brito de Cal Athias ◽  
Gabriela Ohana Rocha Freire
Keyword(s):  
Information Access ◽  
Evaluation Criteria ◽  
Basic Element ◽  
Access To Information ◽  
The Public ◽  
Democratic State ◽  
Information Law ◽  
The Republic ◽  
The Right ◽  
Right Of Access

A lei de acesso à informação e a tutela de improbidade administrativa   The information access law and the administrative improbity guarantee [1]Gabriela Ohana Rocha Freire* Arianne Brito de Cal Athias** REFERÊNCIA FREIRE, Gabriela Ohana Rocha; ATHIAS, Arianne Brito de Cal.  A lei de acesso à informação e a tutela de improbidade administrativa. Revista da Faculdade de Direito da UFRGS, Porto Alegre, n. 38, p. 154-177, ago. 2018. RESUMOABSTRACTA Constituição da República de 1988 assegura, no bojo do art. 5º, XVI, que o acesso à informação é um direito de todos, sendo resguardado o sigilo da fonte quando necessário ao exercício profissional. Ademais, a própria CF/88 institui por meio do seu art. 37 o princípio da publicidade como um elemento basilar para reger a Administração Pública. Nesse contexto, insurge a Lei 12.527/2011, conhecida como Lei de Acesso à Informação - LAI, reforçando o cumprimento do direito de acesso às informações, priorizando a ideia de Estado Democrático de Direito a fim de garantir a ampla transparência aos atos públicos. Como todo texto normativo, em caso de descumprimento de um direito, a LAI prevê apuração de possível ato de improbidade administrativa e a aplicação de medidas sancionatórias. Desta feita, o presente artigo digna-se a analisar a tutela de improbidade com fundamento nas Leis nº 12.527/2011 e 8.429/92, demonstrando se todo ato administrativo tido, em tese, como improbo será capaz de ensejar punição processual nas esferas administrativas e/ou judicial, partindo da observância dos critérios avaliativos para a concretização e/ou descaracterização do ato. The Republic Constitution from 1988 assures in the bulge of 5th art., XVI that the access to information is a everyone’s right, and the confidentiality of the source is protected when necessary for professional practice, in addition, the FC/88 itself establishes, through its art. 37, the publicity principle as a basic element to govern the Public Administration. In this context, it insures the Law 12,527/2011, known as the Access to Information Law- AIL, reinforcing compliance with the right of access to information, prioritizing the idea of a Democratic State of Law in order to guarantee the broad transparency of public acts. Like any normative text, in case of noncompliance of a right, the AIL provides for the clearance of possible administrative improbability and the application of sanctioning measures. As a result, this work aims to examine the guardianship of impropriety based on Laws no.12.527/2011 and 8.429/92, demonstrating whether any administrative act held in theory as improbable will be capable of inducing procedural punishment at the administrative and/or judicial sphere, starting from the observance of the evaluation criteria for concretization and/or de-characterization of the act. PALAVRAS-CHAVEKEYWORDSEstado Democrático de Direito. Lei de Acesso à Informação – 12.527/2011. Transparência. Improbidade Administrativa.  Lei 8.429/92.Democratic State. Access to Information Act – 12.527/2011. Transparency. Administrative Dishonesty. Law 8.429 / 92.* Mestranda em Direito pelo PPGD da Universidade Federal do Estado do Pará. Especialização em Direito Público pelo Centro Universitário do Estado do Pará. Membro da Comissão de Defesa dos Direitos do Consumidor da OAB/PA. Bacharel em Direito pela Universidade da Amazônia. Advogada.** Professora Adjunta III da Universidade Federal do Pará, cedida ao Ministério Público do Estado do Pará para exercer o cargo em comissão de Assessor do Procurador-Geral de Justiça. Professora Titular I da Universidade da Amazônia e Coordenadora Adjunta do Programa de Pós-Graduação em Direitos Fundamentais (Mestrado). Professora da Faculdade Metropolitana da Amazônia. Doutora em Direito Administrativo pela Pontifícia Universidade Católica de São Paulo (2007). Mestre em Direito pela Universidade da Amazônia (2001).

The Information Access Law as a Full Constitutional Citizenship Instrument

2019 ◽  
pp. 55-72
Author(s):  
Marcilio Barenco Correa de Mello
Keyword(s):  
Information Access ◽  
The Other ◽  
Public Expenditures ◽  
Access To Information ◽  
The Public ◽  
Public Nature ◽  
Public Manager ◽  
The Right ◽  
Right Of Access

This chapter addresses the right of access to information, reinforced as a fundamental rule for citizens in the Brazilian constitutional norm of 1988, now regulated, more closely, from the enactment of the law on access to information in 2011. It represents an important legislative instrument of reinforcement of the principle of publicity, as well as the main infraconstitutional standard guaranteeing access to information. The requirement of a clear and transparent accountability environment by the public manager is a republican assumption of massive participation by society. This is because the right of access to information of a public nature provides a better control of public expenditures, while allowing, on the other hand, promotion of social control of a diffuse nature. It should be pointed out that, with greater knowledge of their own rights, the citizen goes through a faster inclusion process, either in the subjectivation of a minimal role of rights that he does not know, or in the clarification of his duties as a participant in the process of state maintenance.

The Information Access Law as a Full Constitutional Citizenship Instrument

2022 ◽  
pp. 166-179
Author(s):  
Marcilio Barenco Correa de Mello
Keyword(s):  
Information Access ◽  
The Other ◽  
Public Expenditures ◽  
Access To Information ◽  
The Public ◽  
Public Nature ◽  
Public Manager ◽  
The Right ◽  
Right Of Access

This chapter addresses the right of access to information, reinforced as a fundamental rule for citizens in the Brazilian constitutional norm of 1988, now regulated, more closely, from the enactment of the law on access to information in 2011. It represents an important legislative instrument of reinforcement of the principle of publicity, as well as the main infraconstitutional standard guaranteeing access to information. The requirement of a clear and transparent accountability environment by the public manager is a republican assumption of massive participation by society. This is because the right of access to information of a public nature provides a better control of public expenditures, while allowing, on the other hand, promotion of social control of a diffuse nature. It should be pointed out that, with greater knowledge of their own rights, the citizen goes through a faster inclusion process, either in the subjectivation of a minimal role of rights that he does not know, or in the clarification of his duties as a participant in the process of state maintenance.

scholarly journals The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation

IIUC Studies ◽  
2012 ◽  
Vol 7 ◽  
pp. 73-90
Author(s):  
Mohammad Hasan Murad ◽  
Kazi Arshadul Hoque
Keyword(s):  
Freedom Of Information ◽  
Access To Information ◽  
Knowledge Based ◽  
The People ◽  
Democratic State ◽  
The Right To Know ◽  
Information Law ◽  
Right To Information ◽  
The Right ◽  
Right Of Access

Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and people’s right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the ‘right to know,’ is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of people’s right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals The Right of Access to Environmental Information in the Aarhus Convention Paradigm: Implementation Experience in Some States

2020 ◽  
Vol 4 (91) ◽  
pp. 116-122
Author(s):  
E. D. Makritskaia ◽  
Keyword(s):  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Aarhus Convention ◽  
The Republic ◽  
Types Of Information ◽  
The Right ◽  
The Impact ◽  
Right Of Access ◽  
Implementation Experience

The study analyzed some provisions of the Convention on access to information, public participation in decision-making, and access to justice in environmental matters directly related to the right to access to environmental information (in particular, articles 4 and 5 of the Convention, which regulate directly access to environmental information and the collection and dissemination of environmental information, respectively). The components of this right have been studied and described, as well as the main legal terms relating to the law in the text of the Aarhus Convention, such as “environmental information”, “as short as possible”. The work also analyzed and identified those types of information that, based on the provisions of the Convention, relating to environmental information. The paper provides examples of the impact of the Aarhus Convention on the national legislation of some States, as well as a mechanism for implementing the right of access to environmental information in the Republic of Belarus. Based on the study, general provisions on the right of access to environmental information are described, as well as the fact that the language of the Aarhus Convention is widely used in the legislation of States parties to the convention, and the right of access to environmental information itself is integral and multidimensional.

BASIC REGULATIONS OF ACCESS TO PUBLIC INFORMATION AT THE CONSTITUTIONAL AND STATUTORY LEVEL IN THE LEGAL ORDER OF EUROPEAN UNION MEMBER STATES

2021 ◽  
Vol 2 (XXI) ◽  
pp. 37-52
Author(s):  
Patrycja Tyborowska
Keyword(s):  
European Union ◽  
Public Life ◽  
Public Information ◽  
The State ◽  
Access To Information ◽  
Member States ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Right Of Access

Openness of public life is a pillar of civil society development Openness of public authority is a key condition for the functioning of democracy in the state, it is a fundamental value of the rule of law and a multiplier of social control. The essence of the right to public information in the Polish legal system is the fact that it is regulated in the Basic Law. Establishing the right to public information on the pages of the Constitution of the Republic of Poland enabled the citizens to its direct application. According to Article 61 of the Constitution of the Republic of Poland, the activities of public authorities in Poland are open and every citizen has the right of access to information. The concept of openness of public life and the right of access to information are understood as a citizen’s privilege to information on matters relating to the activities of government, the implementation of public tasks and the functioning of the state. Access to public information is also one of the forms of civic activity, which contributes to the development of democracy at both local and central level. In Poland, the continuation of the principle of openness and the right of access to public information, regulated by the Constitution, is provided for in the Act on Access to Public Information of 6 September 2001. The act defines what constitutes public information, distinguishes entities obliged to provide it and presents forms of providing access to and requesting public information. A review of Polish academic literature reveals a multitude of studies on openness of public life and access to public information. However, it also indicates the lack of exhaustive titles, constituting an analysis of this matter on the basis of the law of the Member States of the European Union. Therefore, the aim of this article, which has a source character, is to present the way of regulating access to public information, including both constitutional and statutory level. The starting point for the solutions in this study will be the contents of the constitutions of the Member States and the laws regulating access to public information in their current wording. The research will also include literature analysis. Due to the adopted concept, the subject of comparison will be selected issues that provide answers to the questions of whether access to public information has been regulated in the provisions of the constitution and how the notion of public information is defined in the law, as well as whether the statutory regulations constitute a development of the constitutional norms.

Reuse of the transparency-related information posted on Spanish library and archive websites

2021 ◽  
pp. 016555152110597
Author(s):  
Luis Fernando Ramos Simón ◽  
Ana R Pacios
Keyword(s):  
Public Sector ◽  
Public Libraries ◽  
Information Access ◽  
Public Information ◽  
Access To Information ◽  
Related Information ◽  
Public Sector Information ◽  
The Right ◽  
Right Of Access

This study addresses the types of formats and ease of reuse of transparency-related information available on the websites of 53 national public libraries and 53 provincial historic archives. Further to Spain’s Transparency Act, reuse of public sector information is one of the elements comprising the right of access to information. Access and use must consequently be ensured to enable citizens and businesses to reuse all available data. The working methodology deployed here consisted in searching for, identifying and analysing the transparency-related documents carried on library and archive websites and the legal warnings governing their reuse. The findings revealed a wide variety of formats and rules governing reuse and indications of scant interest in these institutions in fostering the transparency and reuse of public information. Even when available, reusable information was normally found to be posted either separately from the data furnished by libraries and archives directly or positioned on pages or sections with complex access paths.

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