ACCESS TO INFORMATION LAW: AN ANALYSIS BASED ON COMPLIANCE WITH ACTIVE AND PASSIVE TRANSPARENCY AND THE PERCEPTION OF SERVERS OF THE FEDERAL UNIVERSITY OF SÃO JOÃO DEL-REI/MG
Access to Information Act. Transparency. Active transparency. Passive Transparency. Culture of Secrecy.
The right to access public information is directly linked to democracy and is provided for in the 1988 Constitution of the Federative Republic of Brazil. Furthermore, publicity is one of the principles of public administration established in the Constitution, being essential for social control, for accountability and for social participation. Although provided for by the Constitution, Brazilian legislation lacked specific legislation that would regulate the constitutional right to obtain public information, especially due to the existence of the culture of secrecy, arising from patrimonialism that has been part of the Brazilian State for centuries. In 2011, Law 12,527/2011, the Access to Information Law (LAI), was approved, which sought to establish responsibilities, procedures and deadlines for the provision of public information requested by interested parties, also establishing the obligation to proactively publish certain information by part of the public power. This work aims to verify the observance of the norms related to the duty of active and passive transparency dictated by Law nº 12,527/2011 - Law of Access to Information - in the scope of the Federal University of São João del-Rei (UFSJ). Documentary research will be carried out on the website of the Access to Information section of the institution surveyed to assess compliance with the obligations of active transparency, while to assess passive transparency statistical data will be used to respond to requests for access to information made to the institution. Questionnaires will also be applied to a sample of public servants, in order to verify the perception of public servants about the Access to Information Law and to seek traces of the culture of secrecy in the institution. Finally, a diagnostic report of the institution's compliance with the LAI will be prepared, with proposals for improvement interventions, if applicable.