Dissertação
O direito à informação pública no âmbito do poder legislativo: um estudo comparado das potencialidades e desafios dos portais dos parlamentos brasileiro e mexicano na concretização da transparência ativa
Fecha
2014-12-05Registro en:
RUE, Letícia Almeida de La. THE RIGHT TO PUBLIC INFORMATION WITHIN THE LEGISLATIVE POWER: A COMPARATIVE STUDY OF THE POTENTIAL AND CHALLENGES OF THE BRAZILIAN AND MEXICAN PARLIAMENT'S PORTALS IN THE
IMPLEMENTATION OF ACTIVE TRANSPARENCY. 2014. 221 f. Dissertação (Mestrado em Direito) - Universidade Federal de Santa Maria, Santa Maria, 2014.
Autor
De la Rue, Letícia Almeida
Institución
Resumen
This study aimed to examine the legal treatment of the right to public information in Brazil and Mexico,
comparing the laws through the observation of the portals of the federal Legislative Power, checking the state of
that matter in these countries to determine how the use of portals can contribute to active transparency. Based on
the assumption that, in the context of informational society, there is a great potential in the use of ICT as a tool
for spontaneous disclosure of information, enabling the effective exercise of accountability, it was verified the
importance of analyzing how the portals of the federal Legislative Power are being used as an instrument for
implementation of the Law of Access to Information. For such, it was chosen a comparative analysis with
Mexico, seeking contributions to the discussion of this subject in Brazil, developing the following research
problem: through comparative study of Brazilian and Mexican parliament portals, how is the state of matter of
the implementation of the laws on the portals of the federal legislature of each country? From this analysis, to
what extent can be verified that the use of portals can contribute to the accomplishment of active transparency,
achieving accountability in a more complete and appropriate way, and enabling greater social control over the
administrative, financial and budgetary management of federal Legislative Power? The theoretical framework
was composed by the works of Guillermo O'Donnell and Antonio Enrique Perez-Luño, adding the concepts of
network society and informational society developed by Manuel Castells. To answer the research problem, it was
used a hypothetical deductive approach, and a combination between comparative and monographic method of
procedure. Along with that, it was used the technique of research in documentary sources and the bibliographic
research, performing in the end the analysis of the portals of Mexican s and Brazilian s Legislative Power, using
a structured online form. With the analysis, it was found that Brazil showed greater effectiveness in the
implementation of active transparency in the surveyed. It was also noticed that Mexican law is very advanced,
however, the progressive legislation and lifetime factors - the key variables that led to the choice of Mexico - do
not automatically convert to a better implementation of the law. It was concluded that the use of portals as a tool
to actualize the active transparency has great potential in the sense of leading civil society to supervise and
monitor the performance of public officials, increasing the degree of accountability and thus enabling the
empowerment of social actors in democracy. However, the fact that information is available does not mean
immediate appropriation by citizens, because in many cases the information is not disclosed in an updated,
completed and affordable way, as well as the potential must be weighed against the issue of digital inclusion, and
with the understanding that technology is nothing more than an instrument of democratization, but that its results
will depend largely on the attitude that the state adopts in relation to information disclosure.