O dever de transparência ativa do Estado e o acesso às informações públicas: uma análise dos sites do Poder Judiciário brasileiro como instrumentos de gestão fiscal

Abstract

In this study, versa is the duty of active transparency and access to public information present in the portals of the Brazilian courts, in comparison with the existing normative production by Topic. The central question of this research centered on a critical analysis of the information on tax management disclosed on the organs within the websites of courts have the power to fulfill the proactive duty of transparency imposed by the Fiscal Responsibility Law (LRF) and Access to Information law, Law nº. 12.527/2011 (LAI). Therefore, besides being determined spontaneous disclosure of information of public interest by LAI, other legal instruments guiding the dissemination of information through web sites, such as the Guide for the creation of Section Access to Information in websites of Bodies and Entities federal. Thus, through the deductive method, the present study part of the active duty transparency of the judicial approach and analyze some innovative aspects proposed by the LAI. The bibliographic and documentary research is complemented by the use of monographic procedure and method of case studies, from which they were elected and observed in a systematic and non-participatory manner, the organs and courts within the judiciary, in order to ascertain whether the portals disclose information about the organizational structure of its members organs, with the analysis parameters the precepts of LAI and Guide. It was found that, despite a rich Brazilian legislative output under the access to information, there is still a shy interest to put them into practice, which points to the need for better control for their effectiveness.