ACTIVE TRANSPARENCY AT THE OFFICIAL WEBSITE OF SMALL TOWNS

Abstract

The right of access to public information was regulated in the Brazilian legal system from Law nº
12.527/2011 (LAI), giving legal concreteness to art. 5, XXXIII, of the Brazilian Federal Constitution.
Among the duties imposed by the new law on Public Administration, there is the duty of active
transparency, which basically consists in no legal duty to disclose information independently of
someone as requested. In view of this context, this research aims to ascertain whether there is
observance of active transparency at the municipality of Jacarezinho-PR official website as aparameter applicable to other similar small towns, however, restricting itself to the requirements
referred to in § 1 of art. 8º of LAI. The present work consists of a direct empirical quantitativequalitative research, using the documentary and bibliographic techniques research with case
analysis. This study revealed that a lot of important information is available in observance of the art.
8, §1º, of the LAI requirements by municipality of Jacarezinho-PR, however, several other links at its
official website, when accessed, refer to pages without any information, or do not refer to any page,
also occurring situations in which the information were out of date and the fact that administrative
contracts could not be consulted. The present research also revealed a violation of “the right of easy
access to information”. Therefore, there was a partial observance of the requirements demanded by
art. 8, §1º, of the LAI by municipality under study.