Os degraus da implementação efetiva no Brasil: como as regulamentações locais de acesso à informação impactam na implementação de portais de dados abertos e transparência

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2015-05-27
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This paper has the objective to outline a general scenario of the Brazilian Information Act (LAI), of November 18th, 2011, setting in its text parameters that lead to the open data practice. After this analysis we present a qualitative research that shows data about the existence or not of regulation as an instrument specified in the first degree required to form a sustainable chain of open government data. The legislative provision of minimum standards for the establishment of data consists of a first step for effective implementation for of the right to information today. Nevertheless, regarding this first step, however much the LAI represents an effort to incorporate some of the principles of open data, it is not fully effective in most of the analyzed regulations - either because there is no specification on the obligations relating to the active transparency, either because there are only some principles highlighted and others are ignored. The absence of explicit obligations in this sense can lead to failures in the implementation of transparency portals and, consequently, in effecting the right of access to information of Brazilian citizens, as it restricts the possibility of interaction and ownership of information accessed. Michener (2014) says 'when it comes to public information, open data favor transparency by allowing citizens to access, reuse and freely share public information'. Therefore, no matter how open data movement and right of access have origins, focuses and different strategies historically, the advancement of digital technologies makes these two approaches intersect and makes open data increasingly relevant to the exercise of the right of access. This paper focused exclusively in what we call the first step for effective implementation. We seek with this start a discussion on the topic, which seems of paramount importance today. It would be necessary, however, to analyze how these standards are reflected in Transparency Portals, in each government agency and in different regions of the country, as well as the receipt of information by Brazilian citizens, what can be research object in future papers.


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2015 Open Data Research Symposium, 27th May 2015, Ottawa, Canada
Área do Conhecimento