A efetividade do direito fundamental ao acesso à informação e seu papel na proteção da população em tempos de pandemia: um estudo a partir do cenário brasileiro no enfrentamento da Covid-19

Abstract

This monograph proposes to investigate the fundamental right to access information and its effectiveness in the global context of the Covid-19 pandemic. The Brazilian context is tak em as a reference, in which it would be enshrined as a right mainly focused on the control and optimization of the public machinery and its actions. Faced with the threats of the new coronavirus, the fundamental right to access information is explored from the perspective of self-determination ́s promotion. A review of human and fundamental rights theory is taken, as well an empirical investigation of the current situation based on data and studies available in digital media. Thus, the effectiveness of such a right is essential to the protection of other fundamental rights, such as health, security, freedom and human life, especially in view of the uncertainties of the pandemic. Through doctrine and documentaty research, the comparative analyses and using the deductive method to understand the information access right as a path to human dignity effectiveness upon pandemic policies, studies of many problematics highlightened by the epistemologic cut were persued, specially about the possibilities of human dignity effectiveness and self-determination protection by the information access and its essentials elements: comunication and knowledge. In short, it was seen that the pandemic gave rise to a new legal epistemology of the fundamental right to access to information, moving it away from the perspective of public liberties and leading it to the scope of health law, within the scope of public health policies and the preservation of life.