Conectas celebrates new access to information law in Brazil

29/11/2011

 

Conectas commends the new law on access to information (Law nº 12.527), signed by President Dilma Rousseff. The new law constitutes an important mechanism to guarantee the fundamental right of access to information and can help consolidate a culture of transparency in relations between the State and society.

 

"The law is a historic and important step, as it requires public bodies and agencies to take the initiative to widely disclose information of public interest using all the means at their disposal” said Lucia Nader, Executive Director at Conectas. The law also provides the establishment of an information service to cater to the public and to hold public hearings and consultations. 

 

Moreover requests for information can be made to public agencies by any person. If it is not possible for access to be granted immediately, the public body has a period of 20 days (extendable for a further 10 days) to notify when a new consultation may be made or, if it does not have the information, specify the agency that does. Refusal can only be made when there is a justifiable reason and, even in these cases, an appeal can be made to the proper authority if the document is classified as secret. The law also establishes a maximum period of secrecy for official documents of 25 years, which may only be renewed once. In other words, secrecy is considered a temporary exception that the State may not extend indefinitely.

 

The approval of the law is a victory for organizations that, like Conectas, are committed to improving the oversight and transparency of public institutions. Conectas has already used the courts to gain access to procedures for holding guards responsible for human rights violations committed in the youth reform centers that used to be called Febem (State Foundation for the Well-Being of Minors), and to demand that human rights organization be allowed to inspect detention facilities.

In its work in the field of Brazilian foreign policy, Conectas has repeatedly said that access to information is a prerequisite for democratic control and civic participation in the formulation of positions adopted internationally by the country that have an impact on human rights in Brazil and around the world. 

 

Read the Law nº 12.527 (in Portuguese) 

 

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