Brazil

Name of law: Law No. 12,527, of November 18,2011, which provides for access to informationpursuant to the caption of Article 5, item XXXIII;Article 37, Paragraph 3, item II; and Article 216,Paragraph 2 of the Federal Constitution First adopted: 2011 Last modified: n/a RTI Rating last updated: n/a

Introduction

Brazil's has a fairly strong RTI law, including strong recognition of the right to information and the benefits of transparency, and a very broad scope. Unfortunately, the law in its current form is vague in many vital areas, most significantly around the appeals process and the composition and operations of the main oversight body, the Commission for Reassessment of Information. The law states that this will be clarified by regulation, but as of February 2020, this has not yet happened. It also has an unduly broad regime of exceptions, which may be overridden by secrecy laws, and includes weaknesses in terms of overbroad exceptions and a rather weak public interest override. It also fails to provide protection for officials who release information in good faith.

Local Experts: Priscila Castello Branco, Renata Alves de Figueiredo

Colaborators