LEI DE ACESSO À INFORMAÇÃO (Lei 12.527) - RESUMO da LAI - Sigilo 100 anos

Summary

This video explains the Brazilian Access to Information Law (Lei nº 12.527), enacted in 2011, which guarantees citizens the right to access public information. The law promotes transparency by making public data available and sets strict guidelines for handling confidential information, such as personal, financial, and security-related data. The video also emphasizes the importance of understanding the law for those preparing for exams or legal studies, offering advice on how to study effectively and encouraging viewers to utilize both free and paid educational content for a deeper grasp of the subject.

Takeaways

• 😀 The Law on Access to Information (Lei nº 12.527) ensures citizens' right to access public information in Brazil.
• 😀 Access to information is a fundamental right guaranteed by the Brazilian Constitution (Article 37).
• 😀 The law applies to all three branches of government (executive, legislative, and judicial), and all levels of government (federal, state, and municipal).
• 😀 Transparency in public administration is emphasized, with public access to information being the rule, and secrecy being the exception.
• 😀 Public bodies are required to make certain information publicly available on their websites, with a few exemptions for small municipalities (under 10,000 residents).
• 😀 Citizens can request public information at no cost, except for the reimbursement of specific service or material costs.
• 😀 Requests for information must be answered within 20 days, with the possibility of a 10-day extension.
• 😀 Information that is classified for security reasons or involves personal privacy is exempt from disclosure.
• 😀 Citizens do not need to explain their reasons for requesting public information, but they must specify what information is needed.
• 😀 If access is denied, the requester can file an appeal within 10 days to contest the decision.
• 😀 The law outlines penalties for public bodies that mishandle or lose requested information, including disciplinary actions.

Q & A

What is the primary purpose of the Access to Information Law?

The primary purpose of the Access to Information Law is to guarantee citizens' right to access public information, increase government efficiency, reduce corruption, and promote social participation.

What is the connection between the Access to Information Law and the Brazilian Constitution?

The Access to Information Law relates to the principles of publicity and morality outlined in Article 37 of the Brazilian Constitution, ensuring that access to information is a right for citizens and a duty for the state.

What does Article 5, Paragraph 33 of the Constitution say regarding access to information?

Article 5, Paragraph 33 of the Brazilian Constitution guarantees that all individuals have the right to receive information from public agencies, provided it is of personal, collective, or general interest, and that it is delivered within the legal time frame, subject to penalties for non-compliance, unless the information is deemed essential for state or societal security.

Who can request information under the Access to Information Law?

Any individual, whether physical or legal persons, can request information from public agencies or entities, provided the request is within the framework of public interest.

Which government bodies are obligated to provide access to information?

The Access to Information Law applies to all three branches of government (executive, legislative, and judiciary), as well as to all levels of government (federal, state, and municipal), public foundations, public companies, mixed-economy societies, and private non-profit entities that receive public funds.

What is the fundamental principle of the Access to Information Law?

The fundamental principle of the Access to Information Law is that access to public information is the rule, while secrecy is the exception. Information should be freely accessible unless its disclosure is restricted for specific reasons, such as national security or individual privacy.

What happens if the requested information is not immediately available?

If the requested information is not immediately available, the public agency has up to 20 days to set a new deadline or provide a valid reason for refusal to disclose the information.

What types of information cannot be disclosed under the Access to Information Law?

The law restricts the disclosure of confidential information, personal data, and information that may jeopardize national security. Examples include fiscal secrets, banking secrecy, judicial secrets, industrial secrets, and classified research related to security.

What is the procedure if a requested document contains partially classified information?

If a document contains both public and classified information, access will be granted to the non-classified portions of the document, while the classified parts will be withheld.

What is the significance of the Access to Information Law in the context of democratic governance?

The Access to Information Law represents a significant step in consolidating Brazil's democratic regime, strengthening transparency policies, and ensuring that the public can hold the government accountable for its actions.