1 / 13

CPR LATAM

Analyzing the implementation of Brazil's right to information laws, impact on corruption, and internet regulation. Examining legal aspects, governance, and future research avenues.

martinwilliam
Download Presentation

CPR LATAM

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CPR LATAM Córdoba, Argentina 2019

  2. Regulationoftherighttoinformation in Brazil: from constitucional formulationto digital governance Ana Claudia Farranha (UnB – PPGD - GEOPP)

  3. Main Objectives Identify how the right of access to information has been implemented Understand how institutional aspects allow to analyze the effectiveness of the right to information Discuss how studies about these subject can be useful for understanding the advances, gaps of this regulation and organize new future research agendas.

  4. Methodological Approach Constitucional previsionand Federal Law • Rightof Access toInformation – RegulatoryModulation BrazilianConstitution, Article 5º, item XXXIII Law 12.527/2011 Law 12.965/2014 Law 13.709/2018 Investigation about the implementation How these laws can be effectiveness?

  5. Cases #1. Righttoinformationactin Brazil: implementation and challenges. #2. Right of Access to Information and Corruption: researching the Institutional Context #3. Internet regulatory actors in Brazil: whatsapp's blocking and Internet Civil Framework – a dialogue #4. Internet and political elections: analysis of regulatory tools in Brazil and Colombia (2014-2018)

  6. Cases #1: Righttoinformationactin Brazil: implementation and challenges. This thesis analyzes the implementation of Brazil’s Laws that ensures the right to seek, receive and access to information held by public agencies.Starting from a reconstruction of the international and national legal framework, the reconstruction of the moment of enactment of the Law and also from the analysis of the duties of active and passive transparency, through the evaluation of the websites and the answers given by the ministries, it will check if Brazil fully achieved, three years after the enactment of the Law, the right ensured in Brazil’s Constitution and what are the challenges that still need to be overcome in this way

  7. Cases #2 . Right of Access to Information and Corruption: researching the Institutional Context The present work aims to verify the correlation between the categories "corruption" and "access to information". In order to do so, it presents the following problem: to what extent does access to information promote the fight against corruption? About finding possible answers, first it is made a description of such concepts through a bibliographical review, verifying approaches and the influence of international conventions on such subjects in the Brazilian legal system. In addition, it seeks to understand this relationship through the performance of the Federal Comptroller's Office (CGU, in Portuguese). This entity was chosen precisely because it is responsible for monitoring and implementing actions to combat corruption and to enforce the right of access to information within the Federal Executive Branch. In this sense, it is verified the responsibilities conferred on the CGU by the Law on Access to Information (LAI in Portuguese) and Decree n. 7.724/2012. Thus, in order to understand this dynamic, it relies on the analysis of institutional context, that is, the configuration and structure as well as the set of functions and responsibilities attributed to this institution, through laws and decrees. In addition, having the scope to cross examine these analyzes. This study analyzes requests for access to information that contain the word "corruption" (between 2015 and 2017). In this way, the following question is added: what do such requests reveal? Finally, it is also used the technique of interview, collecting data about experiences and impressions of servers that act or acted in the implementation of this right of access in the CGU. Therefore, this research is predominantly empirical, exploratory and qualitative. The hypothesis is that the right of access to information directly promotes a confrontation of corruption. However, due to the findings, triangulation and data analysis, it was noticed that this correlation is not straightforward, there are constraints that interfere with it, in addition to demonstrating a perspective that the right of access to information is not restricted to the prevention of corruption, involving also reaffirmation of rights, governance, participation and social control.

  8. Cases #3 .Internet regulatory actors in Brazil: whatsapp's blocking and Internet Civil Framework – a dialogue This thesis aims analyze the public hearing arguments into the Internet Regulation process in Brazil, in the legislative process of Civil Internet Framework in the National Congress and in ADI nº 5527 and of ADPF nº 403, of the blocking decisions of WhatsApp in Brazil and question the constitutionality of the use of this law. The research is based on the following motivating questions: What are the connection points (similarities and divergences) of the actors and their respective arguments of the four public hearings held by the Special Commission in the National Congress at the time of the elaboration of the Civil Internet Framework and of the public hearing held in the STF under ADI 5527 and ADPF 403 that question the constitutionality of devices in the MCI? Has there been any change in the understanding of the model for the construction of an Internet regulation in Brazil after 7 years (2010-2017)? Methodologically it is a qualitative research: it starts from a bibliographical review for the theoretical deepening on the regulation of the Internet, starting from the understanding of this phenomenon as a technical-political question, considering that such reference is relevant to the object to be analyzed. For the empirical analysis of the arguments of the public hearing of the blocking of applications and the construction of the Marco Civil da Internet, it is based not only the regulatory theoretical framework, but also the legal argumentation, with the Toulmin model.

  9. Cases #4. Internet and political elections: analysis of regulatory tools in Brazil and Colombia (2014-2018) The main objective of this thesis is to analyze the use of disinformation for political or electoral purposes in digital environments in Brazil and Colombia, in order to obtain a better understanding of the problem and to determine the possible regulatory responses in its process. of structuring in the legal field. For this purpose, three main studies were carried out. First, some cases that underwent great controversy in the countries under analysis were examined. Later, a theoretical development was made about the philosophical-juridical and socio-juridical bases of the research and later it was practiced a normative analysis with a comparative approach of the existing regulatory responses to the research problem, finally drawing some challenges, actions and future prospects in relation to the aforementioned problem. Within the research methodological tools of legal research such as the case study and jurisprudential analysis were used, however, the main methodology that served as support for the research rested in the comparative analysis, taking the proposed study as the main model. by MirjanDamaška that is based on the comparison of principles that are in conflict as it happens with the dissemination of disinformation on the Internet for electoral purposes, where there is a tension between the principles of electoral security and freedom of expression. Among the main results found is the definition of a method for the analysis of the problem under study based on the analysis of legal principles, as well as proposing some bases for a new regulatory model that responds to the problems raised in this research based on the responsive theory.

  10. Whattheseresearches show? • What are the links between Rigthof Access to Information and Protection Data? More comprehension about the institutional context, can be a point to understand what is effective and what is not Better tools can be developed when we know how the law is applying

  11. Regulatories Challenges Open Data Protection Individual Data Howto do? Is it anantagonism? Passamai (2016) : Open data DefinitionOpen data legislation. How has Brazil been making open data? More transparency Protection for anyone that made an ask of access to information. In the law was vetoed

  12. Conclusions Research agenda Identify how the instruments for expanding access to information, participation and transparency are effective. • Do further studies about implementation Personal Data Protection Act. • Verify the relation with the subject of Artificial Intelligence: what kind of regulation is it possible in this case?

  13. Obrigada!

More Related