Ecossistema da transparência: o princípio constitucional da publicidade e as violações à Lei de Acesso à Informação no contexto da pandemia de covid19

Abstract

The present work seeks to analyze transparency in Public Administration during the context of the Covid-19 pandemic and violations of the Access to Information Law (Law nº 12.527/2011). To do so, we will start from the study of the constitutional principle of Publicity, Clear Transparency and Opaque Transparency, Open Government and the concept of Accountability and its modalities, namely: horizontal and vertical. In this sense, we will consider the joint action of agents from different sectors of society, with emphasis on the control of constitutionality exercised by the Federal Supreme Court, through Direct Actions of Unconstitutionality 6,347, 6,351 and 6,353, whose request was the declaration of unconstitutionality of the art. 6-B of Law 13.979/2020, included by art. 1 of Provisional Measure 928/2020, which put obstacles to requests for access to information regulated by Law No. 12,527/2011; the data collection work carried out by the Consortium of Press Vehicles and the elaboration of the Transparency Ranking by the NGO Transparência Internacional Brasil, which measured the level of transparency of 54 federative entities (Union, 26 States, Federal District, and 26 state capitals) in managing the crisis caused by the pandemic.