Lei de Acesso à Informação | RESUMO

Summary

This video explains Brazil's Law on Access to Information (Lei nº 12.527/2011), which ensures transparency and the right to access public information. It covers who is affected by the law, including public agencies, non-profit entities receiving public funds, and various government bodies. The law promotes the publication of public spending and personal data regulations, as well as guidelines for classified, secret, and reserved information. The video also outlines procedures for requesting information, handling refusals, and clarifies timeframes for responses and appeals. Key principles of public administration, such as legality, efficiency, and transparency, are emphasized throughout.

Takeaways

• 😀 The Access to Information Law (Law No. 12,527 of 2011) ensures public access to information held by government entities and certain private entities receiving public funds.
• 😀 The main goals of the law are to guarantee the right to information and ensure the public disclosure of actions by government entities and their use of public funds.
• 😀 Information is categorized as public, personal, or confidential, with confidential information further classified into secret, ultra-secret, and reserved types.
• 😀 Public information is that which is of collective interest and does not pose a risk to social order. It is freely accessible without a request.
• 😀 Personal information is data that identifies or can identify a person, such as name, address, or family relations.
• 😀 Confidential information may be restricted for a certain period and includes data crucial for state security. Only authorized individuals may access it.
• 😀 Secret information can remain restricted for up to 15 years from its creation, ultra-secret for 25 years, and reserved for up to 5 years.
• 😀 If a request for information is denied without a valid reason, the person responsible can face disciplinary measures, including suspension or even administrative improbity charges.
• 😀 Citizens can request information via various means, including in-person requests or online systems, and must provide basic identification details.
• 😀 Public authorities must respond to requests for information promptly, but they can take up to 20 days (extendable by 10 days) to provide a justification if immediate access is not possible.
• 😀 Certain information cannot be denied under any circumstances, such as judicial decisions, human rights violations, and information necessary to safeguard fundamental rights like freedom and security.

Q & A

What is the purpose of the Access to Information Law (Law No. 12,527/2011)?

The purpose of the Access to Information Law is to ensure public access to information and guarantee transparency in government actions, especially regarding public resources.

Which entities are subject to the Access to Information Law?

The law applies to public administration organs, the Public Ministry, the Courts of Accounts, private entities receiving public funds, as well as public foundations, autarchies, public enterprises, and mixed-economy societies.

What types of information are covered under the law?

Information can be classified as public, personal, or confidential. Confidential information can further be classified as secret, ultra-secret, or reserved, each with specific restrictions on access.

What is the definition of 'public information' under the law?

Public information refers to data that is of collective interest, does not jeopardize social order, and is available without the need for a specific request from the public.

What is the distinction between personal information and public information?

Personal information relates to data that can identify an individual, such as name, address, or relationships. Public information is data that serves the collective interest and is freely accessible.

What does the term 'confidential information' mean, and how is it classified?

Confidential information refers to data that is temporarily restricted due to its sensitivity, particularly regarding national security. It can be classified as secret, ultra-secret, or reserved, with varying levels of access restrictions.

Who is allowed to classify information as secret or ultra-secret?

The President, Ministers, and heads of government institutions are the primary authorities who can classify information as secret or ultra-secret, typically for matters related to national security or state protection.

What happens if an individual is denied access to information?

If access to information is denied, the denial must be justified. If the denial lacks proper justification, the responsible person may face disciplinary action. The person can also appeal the decision within a specified time frame.

How long can confidential information remain restricted?

Confidential information can remain restricted for varying periods: secret information is restricted for up to 15 years, ultra-secret for up to 25 years, and reserved information for up to 5 years, depending on the classification.

What rights do citizens have when requesting information under the Access to Information Law?

Citizens have the right to request information from any public body, without being required to explain their motives. Requests should be straightforward, and personal information that is not relevant to the request should not be required.