A Lei de Acesso à Informação como instrumento da transparência administrativa: análise da sua (in)eficácia nos sites da justiça militar brasileira

Abstract

Ensuring access to information is an important driver in the consolidation of a Democratic State, once it enables citizens to greater participation and oversight of public administration. In Brazil, the regulation of this right occurred recently with the enactment of Law No. 12.557/11. The Law of Access to Information (LAI) becomes a legal framework for the culture of Brazilian access, since, in addition to providing traditional tools of social control, obliges government agencies to use up of Information and Communication Technologies (ICTs) in order to provide their data online. In this context, the change from the culture of secrecy to the culture of access is even more felt by the judiciary instance, by virtue of its historical detachment from social accountability. In view of these findings, the objective of this study is to analyze the effectiveness of LAI in the websites of the Brazilian Military Judicial Power to promote transparency and consolidation of participatory democracy. We used the deductive method of approach from a historical analysis of the recognition of the right to information at the national and international scenario. The procedures adopted were the monographic study and the non-participative direct observation, which were based in a formulary and in a documentary and bibliographic research. It was concluded that the measures adopted by the organs of the Military Judicial Power are timid when compared to the expectations created by LAI. It was also considered that the organs are more influenced by the determination of the Resolutions of the National Council of Justice (NCJ) than by the LAI itself.