Monitoring of the Implementation of the Access to Information Act in the Federal Executive Branch

With the maturing of the Transparency Policy in the Brazilian Federal Executive Branch, there was a need to broaden the assessment of the implementation of the Access to Information Act. The innovation here lies in the methodology adopted, which was previously quantitative and is now also qualitative, allowing an improvement in the answers provided to citizens and the extension of the transparency culture, favoring all stakeholders: public bodies under assessment, citizens and the Government.

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The innovation of this case is found in how the assessment of the implementation of the Access to Information Act (LAI) is carried out: not only are formal aspects and quantitative procedures assessed, a qualitative assessment is conducted as well. The innovation lies in the extension and broadening of the process, improving the implementation and compliance with the Access to Information Act and promoting a change of a culture of secrecy into one of transparency. The aim is to reduce the number of omissions, bringing it as close as possible to zero, while increasing the quality of responses.

The assessment of the compliance with the Access to Information Act used to be quantitative, since only statistic data were raised based on the data collected through the Electronic System for the Citizen Information Service (e-SIC). With the maturing of the Transparency Policy in the Brazilian Federal Executive Branch, there was a need to broaden the assessment of the Access to Information Act implementation, which led to the creation of specific and standardized procedures for a qualitative assessment of the compliance with the following requirements:
1. Passive Transparency - detailed assessment through the analysis of a sample of answers to request of information registered on the e-SIC;
2. Active Transparency - assessment of the fulfillment of active transparency obligations by federal public bodies;
3. Open Data - assessment of the compliance with the Open Data Policy, set forth by Decree n. 8777/2016.
That assessment was part of the Commitment 3 of 3rd National Action Plan in the scope of OGP, which reads "Enhance mechanisms in order to assure more promptness and answer effectiveness to information requests, and the proper disclosure of the classified document list".
With the undertaking of a commitment that prioritizes the effective functioning of the public machine, entities and bodies being assessed are directly benefited from this innovation. Citizens and the Brazilian State are favored, as well. Finally, aiming at ensuring this benefit, improvements on the assessment on the compliance with the Access to Information Act flow are implemented as needed.

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