THE LAW OF TRANSPARENCY AND ACCESS TO INFORMATION IN BRAZIL: THE CASE OF THE STATE OF SÃO PAULO: o caso do Estado de São Paulo

• Autor(a) principal: Spotti Lopes Fujita, Mariângela
• Data de Publicação: 2023
• Outros Autores: Fernandes de Oliveira, Marcelo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Perspectivas em Ciência da Informação (Online)
• Texto Completo: https://periodicos.ufmg.br/index.php/pci/article/view/41917
• topic: São Paulo; Lei de acesso à informação; Transparência pública; e-SIC; Lai; Universidade; Acesso à informação; Sistemas de informações; Information access law; Public Transparency; São Paulo; Lei de Acesso a la Informaçãoación

The Law of Access to Information (LAI) is based on the Brazilian Constitution with the basic principle of promoting the Transparency of Information by its federated entities and respective government institutions. The implementation of the LAI in the State of São Paulo is the object of study of this research to answer the following question: After the regulation, what are the unfoldings of compliance with the LAI in the State of São Paulo? The hypothesis is that the State of São Paulo, to comply with the Transparency Law and the Access to Information Law, promoted a reorganization and an update of its state policy on archive and document management. The objectives of this article are: a) to present the principles, concepts and guidelines that were the basis for the enactment of the Transparency and Access to Information Laws in Brazil; b) to demonstrate how the São Paulo State government incorporated the federal legislation; and c) to indicate how São Paulo's municipalities incorporated transparency practices, access to information and consolidation of municipal archives into their local management. Exploratory research was conducted with analysis of institutional documents and legal frameworks about LAI and the document management system carried out by the São Paulo State Archive.  The results obtained are a transition from the paradigm of secrecy and state control of information flows in force in Brazil and in the State of São Paulo a reorganization of the São Paulo State Archives System (SAESP), while at the municipal level the practices of transparency and access to information remain limited. It is concluded that in the State of São Paulo compliance with the LAI has advanced with the reorganization of the archive system in the practice of public agencies and entities, but the induction of municipalities is still punctual and incipient.