Desclassificação tarjadao sigilo de documentos das forças armadas brasileiras no contexto da Lei de Acesso à Informação

Resumo

Public transparency has been understood as a synonym for the solution to many problems of democracies (ZUCCOLOTTO, TEIXEIRA E RICCIO, 2015). In recent decades, this concept has been applied through hundreds of freedom of information (FOI) laws around the world. According to the Global Right to Information Rating (RTI, 2020), there are at least 129 of these laws, with varying degrees of openness of public information. In Brazil, Law 12,527, of November 18, 2011, better known as the Access to Information Law (LAI), was regulated. Although the fundamental function of LAI is the opening of documents from the Brazilian State as a rule, the legal text maintains possibilities of secrecy about certain information, a process known as classification of information, with different deadlines for expiration of this confidentiality, according to the document sensitivity. The law does not provide for eternal secrecy. This section of the LAI maintains the characteristics of several previous legislation on the reservation of documents in the public administration, created in different periods of military dictatorship in Brazil, such as the Decree 60.147, of 1967, which provided for classification of documents as reserved, confidential, secret or top secret. This research, using mixed methods, made an exploratory and descriptive analysis, with quantitative elements, of declassified documents, that is, whose confidentiality period allowed by LAI has expired, which made such papers public available. Since 2013, the three Brazilian Armed Forces - Army, Navy and Air Force - have already declassified at least 394,400 documents, which represents 90.4% of the entire universe of documents that have lost their confidentiality in this period in federal institutions. This thesis analyzed documents from the years 2019 and 2020. It was possible to have access to less than 1% of the total information for the period due to limitations imposed by these institutions. It is concluded that the Armed Forces practice a blind declassification of information, since the papers, even when they are no longer confidential, are incomprehensible, with streaks in their content even on the name of those who classified them and the reason for classification. Information related to the same process is fragmented and classified separately, to the point of creating a real post-declassification puzzle to understand what, in fact, is behind the secrecy. It is suggested that more studies be done on the classification and declassification of information from public administration in Brazil and on the content of these documents.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/30717

Temas

Administração PúblicaGovernança

Palavras-chave

Lei de Acesso à InformaçãoDemocraciaTransparênciaSegredo de EstadoClassificação de informaçãoForças ArmadasExércitoMarinhaAeronáuticaSegurança nacionalAccess to information lawDemocracyTransparencyAdministração públicaTransparência na administração públicaBrasil. [Lei n. 12.527, de 18 de novembro de 2011]Informações governamentais - Controle de acessoSegredos de estado