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Freedom of Information Laws

Diminish information Asymmetries

Useful in keeping tabs on malfeasance, inefficiency, and incompetence

Professionalize government

Help citizens, businesses, and the media engage government on policies and policy-making

Provide a tool to defend rights and keep abreast of rules and regulation

Help other countries keep an eye on each other

Furnish an important tool for the media and business

July

Law's principal weakness: no independent, dedicated oversight agency to:

  • Implement
  • Regulate
  • Enforce
  • Promote
  • Defend

1. Internal Appeal must be lodged within 10 days

  • Response within 5 days

2. Appeal to the Comptroller General

  • Response within 5 days

3. Appeal to the "Mixed Commission on Informational Validation"

  • No timeframes stipulated

The Courts?

Article 32: Comprehensive list of abuses. Including:

"Using bad faith when analyzing access to information requests.”

Uncompliant behavior punishable by administrative laws.

ABRAJI, Article XIX, and the Senate hold an International Seminar on Access to Public Information in May; Chief-of-Staff Dilma Rousseff Introduces Government Bill to Congress one month later

2009

Inter-American

Court Issues

Gomes Lund v. Brazil

ruling

Deputado Reginaldo Lopes Introduces Legislative

Proposal for Freedom of Information Law

2006

2003

2000

2005

2010

Freedom of Information Law Passed by Chamber of Deputies in April, goes on to the Senate

During Presidential re-election campaign, President Luiz Inácio Lula da Silva Promises a Freedom of Information Law

http://observingbrazil.com/2011/04/18/a-freedom-of-information-law-in-brazil-two-steps-forward-one-step-back/

Subsequent to President Obama's March Visit and after only three months in office, President Dilma Rousseff declares her intention to sign the freedom of information law on May 3rd, World Press Day

2011

http://observingbrazil.com/2011/09/12/brazils-plans-for-the-open-government-partnership-and-5-recommendations/

http://observingbrazil.com/2011/07/12/the-open-government-partnership-a-new-direction-for-u-s-foreign-policy/

Dilma threatens to use an urgency petition to discharge

the bill from Collor's Committee, but under pressure from

the President of the Senate, José Sarney, she relents.

Brazil officially assumes the Co-Chair of the Open Government Partnership, which is announced at the commencement of the United Nations in NY.

September

March

April

October

Second International Seminar on Freedom of Information Held in Brasilia

November 2011

President Dilma Rousseff Signs Freedom of Information of Information Legislation into Law

Senate Defeats Collor's amendments 43 votes to 9 and sanctions the Freedom of Information Law

The very same weak, Congress enacts a Truth Commission

After Receiving the Approval of Three Senate Committees, the Freedom of Information Law is Pocketed by Disgraced Ex-President and Senator Fernando Collor, who Chairs the Committee on Foreign Affairs. Collor proceeds to draw up "stone-age" amendments.

http://observingbrazil.com/2011/08/23/brazils-long-awaited-freedom-of-information-bill-once-again-under-threat/

1. Internal appeal within 10 days

  • Response within 5 days

2. Appeal to the Comptroller General

  • Response within 5 days

3. Appeal to the 'Mixed Commision

on Information Validation'

  • No specified response time

The courts?

Appeals

Procedures

Exceptions

Oversight

Scope

Article 41: President will appoint the agency responsible (the Comptroller General?)

Obligated to Publish a Wide Assortment of Information, including:

  • Official contact details of all employees
  • Financial operations, spending, procurement contracts
  • Answers to commonly asked questions

Promotion?

Articles 10,11, 12, 13, and 14

  • Officials have 20 days to respond to a request.
  • Timeframe extension is 10 days after they alert the requester in writing.
  • Officials have obligations to help requesters file requests:
  • Must help convey misplaced requests to the appropriate entity
  • Must Inform requesters of their options for appeal in the case of a denial.
  • Denials must be justified (Art.11);
  • Fees can only be levied on the materials used for photocopying
  • The legally-defined 'poor' are exempt from paying costs
  • Requesters can receive responses in various forms.
  • Emphasis on formats that are open, machine-readable, and non-proprietary (Art. 8 VI:3 ii & iii).

Exceptions Fall within Better Practice Standards... however,

  • Missing Exception for ongoing legal cases
  • No public interest or harm tests
  • Three tiers of secrecy (ultra-secret, secret, resrerved)
  • Reserve times are out of touch with international standards (25, 15, 5 years)

Sanctions and Protections

1. Regulates the 1988 Constitution: articles 5, 37, 216

  • All branches of government covered
  • All levels of government
  • All state-owned-enterprises
  • All non-profits that receive public funds

2. Strong statement of openness

  • openness is the rule, secrecy the exception (Art.6)

Duty to Publish

and Promote

Obrigado pela atenção

rgm@gregmichener.com

http://observingbrazil.com

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