Conclusion
| 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 | 119-126 |
The General Audit and the Judicial Branch Audit conducted by the Public
Transparency Program, coordinated by FGV EBAPE and CTS at FGV DIREITO RIO,
illustrate considerable heterogeneity in commitments to transparency.
The results of both audits suggest the need for new and renewed efforts to
fully comply with the legal obligation of Brazil’s new freedom of information (FOI)
law – 12.527/11. Response rates for the General Audit and the Judicial Branch Audit
were fairly similar: 69% and 61%, respectively. These figures show that, on average,
one out of three requests was completely ignored. The accuracy rates of responses
– a more important metric because it measured the percentage of directly relevant
answers – were significantly lower: 57% for the General Audit, and an alarming 26%
for the Judicial Branch Audit.
However, although these numbers are relatively low, the commitment to trans-
parency by Brazilian public entities is not monolithically negative. Two and a half
years after the FOI law came into effect, significant differences in compliance are vi-
sible across the public sector. These range from moderately good adherence to the
law by the federal government and the State and City of São Paulo to extraordinarily
poor compliance by the State and City of Rio de Janeiro.
The Judicial Branch Audit clearly showed how institutional commitments are
crucial for implementation and compliance. For example, among the courts with the
best results is the State Tribunal of Roraima; unexpected of a small rural state with
a budget a fraction of the size of courts in wealthier regions. In this sense, countries
such as India and Mexico have shown the world that, sometimes, guaranteeing the
right of access to information has little to do with wealth or bureaucratic sophistica-
tion, and more to do with leadership and commitment.
CONCLUSION
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