Best practices and barriers to transparency
| Autor | Gregory Michener - Luiz Fernando Marrey Moncau - Rafael Velasco. |
| Ocupação do Autor | Associate Professor, Ebape/Fgv Director, Program for Public Transparency - Manager Center for Technology and Society (Centro de Tecnologia e Sociedade), Fgv Direito Rio - Program Coordinator Program for Public Transparency, Fgv. |
| Páginas | 55-63 |
1. Introduction
The findings presented in the previous chapter provide an estimate of the insti-
tutional compliance with the FOI law. However, the content of the answers received
can provide additional insights about successful compliance and the existence of bar-
riers in implementing the law. For this reason, we present an analysis of (i) the recei-
ved responses and best practices, and (ii) observed trends in barriers to transparency.
2. Best practices
The cases presented below illustrate how the FOI law can be a powerful tool
in helping civil society find relevant public information. Some of the best practices
encountered by this study are as follows:
The Program for Public Transparency at the FGV (PTP/FGV) submitted a
request to the Auditor’s Office of the State of São Paulo (Tribunal de Contas
do Estado de São Paulo or TCE-SP) for lists of all contracts exempted from the
bidding process in 2013. The TCE-SP submitted a spreadsheet with reasons
to support each waiver, e.g., well recognized legal experience, price, etc., as
defined by Law 8.666/93.
The PTP/FGV submitted a request to the Court of the State of Rio de Janeiro
(TJ-RJ) for information the court already had in its active transparency webpage:
consolidated and organized information about contracts exempted from the bidding
process. By bringing transparency to these contracts, the TJ-RJ has adopted a
model useful to other organs. In addition to providing the value, the reason for the
contract, and the justification for waiving the bidding process, it allowed access to
the entire content of the contract. Photocopies of all executed contracts exempt
from bidding are made available for consultation on its active transparency website.
CHAPTER 3 BEST PRACTICES AND BARRIERS
TO TRANSPARENCY
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