O direito de acesso à informação pública como cuidado do comum agonístico na demo-tecno-diversa "macondo constitucional": bloco latino-americano de interconstitucionalidade e estado da arte bibliométrico sobre o tema

Abstract

The purpose of this dissertation was to establish a new horizon of legal regulation for the right of access to public information in Latin America that, opposing to metaphysical, liberal and rationalist biases, be agonistic, communal, demodiverse and technodiverse, intertwining practices from caring to knowing and knowing to caring. In view of the absence of theoretical, transdisciplinary and comparative studies concerning the right of access to public information, the field of knowledge production is confined to descriptive research of legal texts or metrics of technical applicability. In this context, it was posed as a research problem: the philosophical-political categories – agonistic common and demo-techno-diversity – formulated under the aegis of Philosophical Hermeneutics and Political Theory of Discourse as a new horizon of legal meaning for the right of access to public information are contentively identifiable in transparency legislation regional texts in Latin America and Mexico, Brazil and Colombia laws, in order to form an interconstitutional identity bloc with protective symmetries of the fundamental right in question? If it’s feasible, to what extent is it possible to identify the philosophical-political categories and the Latin American interconstitutionality bloc concerning them, albeit subliminally, in the scientific literature since 2020, the year of publication of the second version of the Inter-American Model Law on Access to Information by the Organization of American States? In order to answer the question raised, the phenomenological hermeneutic approach was adopted, based on the phases of reduction, destruction and construction of the political-legal tradition, carrying out misreadings about democracy and the right of access to public information to, consecutively, interrogate the virtualities disowned by the freezing of their historical meanings. The bibliographic, documentary, comparative procedures at a deep level of the laws and bibliometric, of an archaeological nature, were also undertaken. The theories applied were Philosophical Hermeneutics and Political Theory of Discourse, with contributions from decoloniality, philosophy of the Common and interconstitutional studies. It was concluded, in summary, that the philosophical-political categories developed as a new normative-juridical horizon of the right of access to public information – agonistic common and demo-techno-diversity – are identifiable in the regional legislations of Latin America and Mexico, Brazil and Colombia, establishing protective symmetries between countries, albeit at discrepant levels. Colombia is the most advanced nation in terms of the agonistic commons, while Mexico is avant-garde on the topic of demo-technodiversity, with Brazil being laggards in both. It was also found that the bibliographic productions, in the investigated repository, symbolize a scientific culture whose dogmatic habitus is rooted in the theoretical common sense of jurists, with only five articles (three Mexicans and two Colombians) that deal with the themes relevant to the present dissertation, in a set of forty-seven, so that the agonistic struggle also extends to the field of knowledge production on access to public information. Both conclusions – from the comparative study at a deep level of laws and bibliometric-archaeological – are credited to the inauthentic democratic and legal tradition prevailing in Latin America, of a metaphysical, liberal and rationalist character.